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TDC Agenda 02/25/2013 Tourist Development Council Agenda February 25 , 2013 MEETING AGENDA&NOTICE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL Collier County Government Center,Administration Bldg. F, 3rd Floor 3299 East Tamiami Trail, Naples, Florida 34112 FEBRUARY 25, 2013 8:30 am Collier County Commission Chambers * Requires TDC Action 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. * Changes and Approval of Agenda 5. *Approval of TDC Minutes a. * Regular Meeting 1/28/13 6. Presentations/Public Comment-(3 minutes each) 7. New Business a. * FY 14 TDC Proposed Grant Guidelines b. * Hideaway Beach Erosion Control Structure Project c. * Peer Review for the Design of the 2013/14 Beach Renourishment Project d. *Temporary Beach Restoration Easement Resolution e. * Wiggins Pass Channel Straightening Project f. * South Marco Beach Sand Renourishment Project g.* South Marco Beach Erosion Control Structures Project h.* Doctor's Pass Physical Monitoring Services i. * Post Tropical Storm Isaac Analysis of Collier County Beaches 8. Old Business a. Informational Update on Vanderbilt Beach Restroom project 9. Marketing Partner Reports a. Research Data Services b. Tax Collections c. Paradise Advertising d. Lou Hammond &Associates—PR Services e. Miles Media-Website Activity f. Sales& Marketing Technologies-Search Engine Optimization g. Phase V- Fulfillment Services 10.Tourism Staff Reports a. Director—Jack Wert b. Sales&Marketing—Debi DeBenedetto c. Public Relations&Communications—JoNell Modys d. Film Office—Maggie McCarty e. Sports Marketing—Chris O'Brien f. International Representatives—Jack Wert g.Visitor Centers—Nancy Kerns 11. Detailed Staff Reports 12. Council Member Discussion 13. Next Scheduled Meeting Date/Location—March 25, 2013—9:00 a.m. Collier County Government Center,Administration Bldg. F,3rd Floor, 3299 East Tamiami Trail, Naples, Florida 34112 14. 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 Jack Wert at(239) 252-2402. 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 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,(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. January 28, 2013 MINUTES OF THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL MEETING Naples, Florida, January 28, 2013 LET IT BE REMEMBERED the Collier County Tourist Development \) Council in and for the County of Collier, having conducted busine h , met on this date at 9:00 AM in a REGULAR SESSION in Bulb., " " of the Government Complex, Naples, Florida with the Fo i embers present: ,110,,,„,ty'S .ir an Murray H. Hendel ito irman: Rick Medwedeff Commissioner Henning Susan Becker "S"'S) Clark Hill Robert Miller AC)SEd (Ski) Olesky John Sorey III (via telephone) Larry Sacher ALSO PRESENT: Jack Wert, Tourism Director Gary McAlpin, Coastal Zone Management Director Colleen Greene, Assistant County Attorney Kelly Green, Tourist Tax Coordinator I January 28, 2013 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. 1. Call to Order—Chairman Hendel Chairman Hendel called the meeting to order at 9:00 a.m. 2. Pledge of Allegiance Pledge of Allegiance was recited. 3. Roll Call A\ ) A quorum was established. 77" Larry Sacher was welcomed as a new member of the Tourist Develop n C cil. Mr. Hill moved to allow Mr. Sorey to participate in the meeting vi' eleI one due to an extraordinary circumstance. Second by Ms. Becker. Carried ‘ sly 8—0. 4. Changes and Approval of Agenda Mr. Olesky moved to approve the Agenda. Second by Ms. ec er. Carried unanimously 9- 0. 5. Approval of TDC Minutes a. Regular Meeting 11/26/12 Mr. Sorey moved to approve the minut ' e November 26, 2012 Meeting as presented. Second by Mr. Olesky. Carried u s y 9— 0. 6. Presentations / Public Comm ' utes each) None ''S'7. New Business a. Election of TD irman and Vice Chairman for 2013 Mr. Sorey mo a oint Murray Hendel the Chairman of the Tourist Development Council. S. on Mr. Miller. Carried unanimously 9— 0 Ms. B, 4, t ved to appoint Rick Medwedeff as Vice Chairman of the Tourist D t t Council. Second by Mr. Sorey. Carried unanimously 9—0. Mr. Sorey lef the meeting at 9:20 a.m. b. Direction on Potential Reallocation of Existing Tourist Tax Distributions Jack Wert presented the Executive Summary "Recommendation to provide direction relative to the reallocation of.existing Tourist Development Tax distributions to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment" dated January 28, 2013 for consideration. 2 January 28, 2013 He presented the Slideshow ``Discussion and Direction Changes to the Existing Tourist Tax Allocation, TDC 1-28-13. " He reported: • Recommendations for the distribution of Tourist Tax Revenue was formulated by the TDC Subcommittee, appointed in March, 2011 for the purpose of determining how the destination may benefit from a more robust year round marketing and promotion effort. • The recommendations were endorsed by the full TDC on March 16, 2012. • The endorsement was subject to staff presenting the 11 recommendations to stakeholder groups for consideration and input. • The results of the stakeholder's meetings are included in the meetin acket and staff requests final consideration of the recommendations. The recommendations are to: Ai 1. Implement changes to the tourist tax allocations to increase to- .r ing and promotion allocation from 25% of the total Tourist tax revenue (curr-at $ 2' illion) to 45% generating a budget of$4.0 million per year for destinat•. ha.r eting efforts. 2. Reduce Beach Park Facilities annual allocation o y A funds from 16.67%to 6% or from $2 million per year to $600,000 per ye 3. Reduce Collier County Owned & Operate: i use s operating funds from tourist tax funding after five years (FY 17) from ° o I 0. Future funding (after 5 years) for museum operations would revert to r 'und, supplemented by the following new revenue sources: a. Charge admission to non-r liii, b. Apply for state, regional a anal museum grants c. Annual major fund r •' ,i ' its d. Tourism Departme u direct more TDC funds to heritage marketing 4. Increase alloca • to '' tegory A Beach renourishment funding from 33.33%to 34% annually (1 a of$100 k). 5. Increas- 1.c 'on to tourism department administration from 11.60%to 12.60% (+$13 k). 6. ' -• ounty Commission (BCC) recognize excess TDT revenue above current year .ro c, ons for immediate use in the current fiscal year for destination marketing. 7. Extend the allocation of interest earned on each TDT Fund to Fund 184 for destination marketing an additional 3-years through FY15. 8. Aggressively pursue state and federal cost share funding for beach renourishment projects through legislative lobbying and education. 9. Increase the current budget ($100,000) for air service marketing funds by $50,000 per year to attract more direct service and enhance and expand existing air service especially from U.S. West Coast. 3 January 28, 2013 10. Expand the CVB Community Relations efforts to encourage more local and regional media coverage of the impact and importance of tourism to our community. 11. Tourism Dept (CVB) should be included as an equal participant in economic development planning for County. During staff and council member discussion, the following was noted: • The recommendations for consideration to be forwarded to the BCC are generally #1 -7; staff has refined them in a Table on Page 2 (Tourist Development Tax Reallocation Analysis) of the Executive Summary in a format which • dicates how the changes would impact the ordinance that governs the Tourist II eve . • -nt Tax. • Additionally, a transfer of$1/2M from the "Promotion Disaste e*. ■ Fund" to the Beach Renourishment Reserve Account is proposed. • The General Fund would be used to "backstop" funding • ` 'en s for"Emergency Advertising", County Owned Museum Operations, Be c 'ark Facilities and Beach Renourishment. The council discussed the ramifications of revising al lio. i Any amendments to the Ordinance will require a super majority vote by th- oa ' County Commissioners. Mr. Medwedeff moved to recommend the B, , of unty Commissioner approve the following reallocations of Tourist Tax D' , s (as identified on Page 2 of the above referenced Executive Summary, "Tou ' opment Tax Reallocation Analysis—Staff Recommendations'): Beach Facilit — nd 183—4.31%; TDC Promotion —Fund 184 —35.10%;Non-County Museu 193—2.38%; TDCAdmin —Fund 194—11.62%; Beach Renourishment—Fund .98%; Promotion Disaster Recovery—Fund 196— 0.0%; County Museums— r' 9.61%. Second by Commissioner Henning. Carried unanimously 8—` c. Recognition of A I .`' ion Uncommitted FY12 Carryover Tourist Tax Revenue Jack Wert press te. he Executive Summary "Recommendation to approve recognition of additional, . . m tted P)12 carry forward up to S450,000 and all necessary budget amendment .. itional destination marketing efforts and Tourism Department staff "dated gm: :, 2013 for consideration. lie noted expenditures will be utilized primarily for age taff positions for sales and marketing. These positions generally "fund t - • e 14 by increasing the collection of"Tourist Taxes due to the efforts of additional staff me Mr. Olesky moved to recommend the Board of county Commissioners approve recognition of additional, uncommitted FY12 Carry Forward up to $450,000, and all necessary budget amendments for additional destination marketing efforts and Tourism Department staff. Second by Mr. Hill. Motion carried 7 "yes"-1 "no." Chairman Hendel voted "no." Chairman Hendel expressed concern that the request for additional staff comes from an already approved budget; it would be more prudent to consider the request at the time the FY14 Budget is proposed by staff. 4 January 28, 2013 Break: 10:00 a.m. Reconvened 10:10 a.m. Mr. Wert reported Coastal Zone Management Staff has requested the continuation of Item 8.a and 8.b. Mr. Hill moved to continue items 8a. & 8b. Second by Ms. Becker. Carried unanimously 8- 0. d. Approval of Filing Fees for Renewal of Service Marks Jack Wert presented the Executive Summary "Recommendation to appro e p' Y e t offiling fees for renewal of Service Marks,for Paradise Coast Blueway, Blueway P ditty: ail and Naples, Marco Island" dated January 28, 2013 for consideration. Ms. Becker moved to recommend the Board of County Commie ion. s approve payment of filing fees for renewal of Service Marks for Paradise Coas•N e'.. Blueway Paddling Trail and Naples, Marco Island. Second by Chairman , .4" arried unanimously 9- 0 e. Approval of Work Order for Clam Pass Dredgi Jack Wert presented the Executive Summary `'Rec d approval of a work order for Clam Pass Dredging for a total cost of S28,000 and Cis ,eque, d by the Collier County Board of County Commissioners'. dated January 28, 0 consideration. Mr. Hill moved to approve the reque to oard of County Commissioners for the Tourist Development Council to ork Order for dredging Clam Pass, at a total cost of$28,000. Second by Mr itt Commissioner Henning the County is awaiting a response from the Attorney General's Office on w of TDC funds may be expended on the project. Mr. Wert report e co cept is to utilize 1'DC funds to complete the work. If it is determined us he funds is not permitted in accordance with State Statues and/or local ordin., es, ds will be reimbursed to the required financial accounts. Mr. ' -.d,e• ed the motion to approve the request by the Board of County e ers for the Tourist Development Council to endorse a work order at a total cosh; C� 8,000 for dredging Clam Pass with the understanding that if the use of funds is not 13, mitted, they be reimbursed to the appropriate accounts. Second by Mr. Olesky. Carried unanimously 8— 0. f. Set date for Grant Workshop for FY 14 TDC Grant Cycle Mr. Wert reported the FY14 TDC Grant Workshop will be held on February 25, 2013, before the regular meeting. The meeting will begin at 8:30 a.m. 8. Old Business Ms. Becker provided an update on the Medical Tourism Committee noting she filed a written report on the two meetings she attended on behalf of the Council. s January 28, 2013 a. Post Tropical Storm Isaac Analysis - Continued b. Informational Update on Vanderbilt Beach Restroom Project - Continued 9. Marketing Partner Reports Jack Wert presented the PowerPoint document "Marketing Partner Reports—January 28, 2013" including the following reports presented by staff and consultants: a. Research Data Services — Dr. Walter Klages "Collier County Tourism Research, January 28, 2013 - Research Data Services, Inc. " b. Tax Collections—Jack Wert "Tourist Tax Collections Collier County Tax Collector -- January 28, 0 ' c. Paradise Advertising— Suzanne Lennon "Advertising Report Paradise Advertising and Marketing, Inc. — 'D , January 28, 2013. 'Si"' d. Lou Hammond & Associates — PR Services —Jonell 4 "Public Relations Report National Public Relations , .~' — DC, January 28, 2013. e. Miles Media - Website Activity—Jack Wert "Website—Miles Media Group" f. Sales & Marketing Technologies - Se e Optimization—Jack Wert "Search Engine Services -Sales and in Technologies, Inc. " g. Phase V - Fulfillment Service ert "Fulfillment Services Phas 10. Tourism Staff Reports The following reports re , tted by staff: a. Director—Jac t b. Sales & Mar — ebi Benedetti c. Public Rel. • n Communications —Jonell Modys d. Film 0 ce 'i ggie McCarty e. Sport 4 1 ■ —Jack Wert C• .01 ` ien was welcomed as Executive Director of Collier County's Sports Council and +L- a status tatus report on past and upcoming events. f. Inter ational Representatives —Jack Wert • g. Visitor Centers —Jack Wert 11. Detailed Staff Reports Submitted 12. Council Member Discussion Commissioner Henning requested that staff undertake any necessary measures for applicable Grant Applications with respect to the BP Deep Water Horizon oil spill. 6 January 28, 2013 Commissioner Henning moved to request a "time certain"agenda item when Tourist Development Council recommendations are heard by the Board of County Commissioners. Second by Chairman Hendel. Carried unanimously 8— 0. 13. Next Scheduled Meeting Date/Location — February 25, 2013—9:00 a.m. Collier County Government Center, Administration Bldg. F, 3rd Floor, 3299 Tamiami Trail East, Naples, Florida 34112 14. Announcements None (Th** ** AS''S"41e There being no further business for the good of the Cou 'Ckheve meeting was adjourned by order of the Chair at 11:02 a.m. COLLIER COUNTY TOURIST AS" DEVELOPMENT COUNCIL Chairman, Murray Hendel These minutes approved by the Board/Committee on as presented or as amended 7 February 25,2013 New Business 7-a 1 of 52 EXECUTIVE SUMMARY Review Tourist Development Council Grant Applications for Category B and C-2 for FY 14 (October 1 2013 - September 30, 2014) and recommend changes in guidelines and requirements OBJECTIVE: Review FY 13 applications for possible changes to guidelines and requirements for FY 14. CONSIDERATIONS: The grant cycle for FY 14 begins in February 2013 and will run through the budget cycle for the Tourism Department with final approval of funding at the final budget hearing in September 2013. Attached are the application forms that were used for the FY 13 grant cycle. Staff requests suggestions from the TDC members on possible changes to these applications for FY 14.It should be noted that there are differences between the two application forms due to the type of activities each category covers. As a result, there will be differences in categories, authorized uses, etc. Below are some suggested areas for review in addition to staff comments and suggestions for possible changes: Category B Marketing Grants (Fund 184): • Review all yellow highlighted areas of the application. • All dates will be changed to FY 14. Deadlines will be adjusted to coincide with County budget cycle • Overall Guidelines. Review 250 room nights per day of the event and maximum amount per event of $25,000.Are these too high? • Project Guidelines on page 6. Do we need Board Member salaries? • Review Questionnaire requirements on page 7. Are the numbers of questionnaires adequate? • Review Funding Category Guidelines on page 9. Are these all still relevant? o Consider new Sports Event Category to replace "New Events". These are outlined on Attachment "A" with a total funding amount of $50,000 for that category. • Review Repeat Funding Request Guidelines on page 11 o These are now consistent with C-2 guidelines o Staff believes the current guidelines are ambiguous. Recovering all of TDT invested is not realistic for most events. The goal might be to encourage overnight stays in Collier paid lodging, not just to cover the investment. • Event Information on page 17. Suggest adding request for projection of tourist tax revenue from the paid lodging resulting from the event. February 25,2013 New Business 7-a 2 of 52 • Consider changing policy of only funding advertising insertions or broadcast buys outside Collier County to outside Fort Myers DMA (De Soto, Charlotte, Glades, Lee, Hendry and Collier Counties). This will make purchasing decisions by grantees easier and the documentation less cumbersome. Category C-2 Grants (Fund 193) - Non County Owned and operated Museums: • Review all yellow highlighted areas of the application. • All dates will be changed to FY 14. Deadlines will be adjusted to coincide with County budget cycle • Review SPECIAL NOTES section on page 5 related to number of questionnaires required. Is this sufficient? • Review Repeat Funding Request Guidelines on page 7. • Staff believes the current guidelines are ambiguous. Recovering all of TDT invested is not realistic for most events. The goal might be to encourage overnight stays in Collier paid lodging, not just to cover the investment. • Consider changing policy of only funding advertising insertions or broadcast buys outside Collier County to outside Fort Myers DMA (De Soto, Charlotte, Glades, Lee, Hendry and Collier Counties). This will make purchasing decisions by grantees easier and the documentation less cumbersome. FISCAL IMPACT: The amount of funding for both Category B and C has not yet been determined. However, for budgeting purposes, staff suggests using the FY 13 budgets for each category: • Category B Marketing Grants: $75,000 • Category B Sports Grants $50,000 • Category C-2 Non-County Owned Museum Grants: $300,000 RECOMMENDATION: Review and recommend changes to both Category B & C-2 grant applications. PREPARED BY: Jack Wert, Tourism Director ATTACHMENTS: Category B & C-2 Applications with highlights for TDC review and Attachment "A". February 25,2013 New Business 7-a 3 of 52 ATTACHMENT"A" Sports Event Grants Allowable Expenses 1. Promotion, marketing and programming expenses to include paid advertising,on line advertising and promotions, social media platforms, production expenses 2. Field rental fees, rental fees, sanctioning or rights fees Funding Eligibility 1. Provide assistance to events that attract overnight visitors in paid lodging in Collier County, impacting restaurants, retail establishments and other area businesses 2. Applicants must provide a marketing and promotions plan 3. Applicants must provide a detailed event budget 4. Events scheduled during off season (May-November)will be given funding priority 5. Visitor Tracking Forms will be required for all participants in the event. Grantee (promoter or rights holder)will be required to collect these forms from all team managers before participating in the event. Review Process 1. Applications will be reviewed by the Sports Marketing Staff of the Tourism Department,the Collier County Sports Council and the Tourist Development Council. 2. Agreements will be prepared by the County Purchasing Department, County Attorney's Office and approved by the Purchasing Department Director. Grant Request Funding Levels 1. Events will be recommended for funding based on the potential room nights generated from the event. If the review panel believes the room nights are unrealistic,they may adjust the funding level accordingly. 2. The maximum funding per event will be$6,500 and the maximum funding in category is$50,000 Estimated Room Nights Funding Range 500 and over $4,500-$6,500 200-499 $2,400-$4,499 100-199 $1,201-$2,399 Less Than 100 $ 0-$1,200 February 25,2013 New Business 7-a 4 of 52 • Naples Marco Island Everglades CATEGORY "B" GRANT AND EVENT SPONSORSHIP APPLICATION FY 2012-13 February 25,2013 New Business 7-a 5 of 52 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL SPECIAL EVENT FUNDING REQUEST CATEGORY `B" FISCAL YEAR 2012-2013 PART I - INSTRUCTIONS AND DEFINITIONS PURPOSE: This document sets forth the guidelines and categories for requests for funds from Tourist Development Taxes. Applications will be accepted from organizations that will sponsor and promote tourism activities during FY 2012-2013 within Collier County that bring substantial numbers of visitors to the County. AUTHORIZATION HISTORY: The Florida State Legislature enacted the Local Option Tourist Development Act (Section 125.0104, Florida Statutes) in response to the growing need of Florida counties to provide additional revenue sources for "Tourist Development in an effort to stimulate the local economy. In response to this need, in 1990, the voters of Collier County approved a two (2) percent Tourist Development Tax on transient rental accommodations. A Tourist Development Council was also created in 1992 to assist the Collier County Board of County Commissioners (BCC) in planning ways in which to use the revenues received through the Tourist Development Tax, based on statutory guidelines. The tax was increased to three (3) percent in 1996 and to 4% in 2005. The BCC has the final determination of the allocation of TDC funds within the confines of F.S. 125.0104. ALLOCATION OF THE TOURIST TAX The four (4) percent Tourist Development Tax revenue is allocated by the Tourist Development Plan approved by the Board of County Commissioners as follows: 50% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. 13.4% Museums County Owned and Operated, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more county owned museums and Non- County Owned Museums that are owned and operated by not-for- profit organizations and open to the public. 36.6% for Advertising/Promoting and Special Events to bring tourism to Collier County. February 25,2013 New Business 7-a 6 of 52 TOURIST TAX ALLOCATION CONT. Further regulations concerning the use of the Tourist Development Tax proceeds are outlined in the Florida State Statute 125.0104. and in the Collier County Ordinances. TIMETABLE FOR REVIEW: The Tourist Development Council (TDC) office will distribute applications to organizations that express an interest in receiving funds for Fiscal Year 2012-13 during the month of March 2012. Projects must meet the guidelines and criteria outlined in this document and must apply to event expenses after October 1, 2012 and finish no later than September 30, 2013. Completed applications must be received by the Tourism Department Office no later than 5:00 P.M. on Monday, April 30, 2012. Applications shall be delivered to the Tourism Department office: 2800 North Horseshoe Dr, Naples. FL 34104. For further information, telephone (239) 252-2384. 3 February 25,2013 New Business 7-a 7 of 52 APPLICATION AND EVALUATION PROCEDURE: The following procedure will be strictly followed. All contacts should be channeled through the Tourism Director's office. Please read the following instructions carefully and call the Tourism Department Office with any questions. Incomplete or incorrect applications will be returned. The Tourism Director serving as a facilitator and a five (5) person Grant Review Panel made up of one hotel, one attraction, one restaurant, one retail and one cultural representative will review all applications to determine if they meet the established criteria indicated in the application for funding. Only those requests that will have a substantial economic impact on the County from visitors will be considered further. The Tourism Department office staff will notify qualifying applicants who are finalists. All finalists will then be invited to present their applications to the TDC in May or June 2012. The Tourist Development Council (TDC) will receive the recommendations from the Review Panel and will vote on each qualifying applicant and prepare, in priority order, their recommendations for funding for Fiscal Year 2012-13. Funding recommendations of the Tourist Development Council are final. The TDC recommendations will be presented to the Board of County Commissioners as part of the County's budget process for FY 2012-13. After budget approval, contracts will be negotiated with the selected applicants, with assistance from the County Attorney's office, and then presented to the BCC for final approval. Once executed, these contracts will be monitored and Requests for Funds Forms will be reviewed and approved by the Tourism Director. No projects are approved and no funds may be expended until the contract is approved and signed by the Chairman of the Board of County Commissioners. All materials submitted with applications will become a matter of public record, open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statutes. 4 February 25,2013 New Business 7-a 8 of 52 OVERALL GUIDELINES Applications must conform to the guidelines specified by the Tourist Development Council (TDC). Applications that do not conform to these guidelines will not be considered for funding. The funding limits are subject to final approval by the Tourist Development Council and Board of County Commissioners. Funding is available for major events staged in the County year-round that attract large numbers of overnight visitors from outside the County. Examples are national or international amateur sports events and multiple-day festivals. Events must be at least two (2) days in duration. A guideline of 250 hotel room nights per day of the event will be used to evaluate the impact of the event. The maximum allowable amount of any single sponsorship is 525,000. Funding is also available for Collier County based organizations for marketing projects to support visitation to the County. Advertising and promotional campaigns supporting events or marketing projects must be in out of Collier County media such as broadcast, web and regional print and distribution must be out of County. Expenditures with publications. broadcast and brochure distribution with circulation or reach outside Collier County over fifty percent (50%) of the total will be acceptable for reimbursement at full value based on a statement from the publisher, broadcaster or distributor attesting to that circulation percentage. Priority for grant funding will be given to events held during our destination's shoulder and slow season (May- November). TYPES OF EVENTS: Programs, festivals, or special events should have a history of, or the potential for attracting out- of-county visitors, either as participants or spectators, generating hotel/motel/campground room nights. Tourism businesses or organizations may also apply for marketing assistance in printing a brochure that highlights more than one tourism business such as a group of art galleries or a shopping or dining district. Consideration will also be given to events that can generate national, state, or regional media exposure fbr Collier County and its tourist offerings. ELIGIBLE ORGANIZATIONS: Not-For-Profit Organizations under section 501 of the Internal Revenue Code (a copy of the IRS determination letter provided by the applicant confirms federal tax-exempt status), and For-Profit Organizations are eligible for funding. Organizations must be established primarily to produce cultural programs, festivals, or special or sports events, utilizing private sector community financial support, volunteers and staff to carry out the objectives of the organization. 5 February 25,2013 New Business 7-a 9 of 52 PROJECT GUIDELINES: 1. Projects or events must take place within Collier County. 2. Applicants must make the project or event accessible to the public and to disabled persons. 3. Applicants must submit a list of their Board of Directors, with addresses, board salaries and occupation or affiliation. 4. Applicants must submit the most recent Final Status Report if they have received a tourist tax grant in the past from Collier County to include hotel room nights generated and direct economic impact as a result of the event, project or activity. 5. Out of cycle grant applications will be considered on a case by case basis only. 6. Application form must be typed (digital format available thru TDC website) and submitted on 8 '/z x 11 inch white paper. 7. Multiple events must be separate and distinct applications with separate summaries and budgets. 8. Advertising and promotion must be placed or distributed in out-of Collier County media with circulation or reach outside Collier County over fifty percent of the total. This is to ensure that funds will be used to attract visitors who reside out of Collier County and who may stay at least one night in Collier County paid lodging. 9. Applicants must provide most recent IRS Form 990. 10. Grant Requests require an Attestation Financial Statement in accordance with GAAP. 11. All event or project expenditures are on a reimbursement basis only. No funds will be forwarded in anticipation of the receipt of an invoice or in advance of the project. 12. A complete detailed project budget must be submitted that includes all revenue sources, expenses, media placements and other promotional expenses. 13. When submitting a request for reimbursement, a verification letter indicating that all vendors have been paid to date must accompany the request for funds with complete back up before any reimbursements can he released. 14. A certificate of liability insurance is required with the signed contract and must be current before any reimbursements can be released. 15. Applicants for events that could span two fiscal years due to the close proximity of the start date to the beginning of the fiscal year (October 1, 2012) and require promotion of the event prior to the start of the fiscal year, will need to clearly state this fact in the application and the 6 February 25,2013 New Business 7-a 10 of 52 amount requested prior to October 1. Expenses requested for reimbursement will not be eligible if delivered prior to July 1 2012. 16. Applicants must document the planned return on the investment of tourist development tax funds requested to promote the activity or event. SPECIAL NOTE: In the event that any funding request is not recommended for funding, the organization will not be permitted to come back to the 'TDC or Board of County Commissioners for the same event until the next fiscal year. An exception would be if new information not previously presented might alter the TDC's decision. In this case, the applicant must bring the request back to the TDC for further review before approaching the County Commission. Funding Administration: No funding may be reimbursed until the Collier County Clerk of Courts Finance Department approves the funding request. Funding Manager: Organizations receiving funding shall designate a Funding Manager. That individual shall be responsible for maintaining the official file with application, correspondence, funding, narrative progress reports, request for funds/reimbursements, invoices and sample of promotional materials used. The organization's funding manager will insure that all elements of the funding application are followed, that narrative progress reports are submitted in a timely manner, that requests for funds are accurate and appropriate attachments are included, and that the event funding is closed out efficiently with the necessary reports and audit submitted. It is the Funding Manager's responsibility to see that any applicable Federal, State or County laws and policies are followed. Documenting Economic Impact: For any activity or event, applicants will be required to distribute and collect questionnaires to attendees and participants provided by the Tourism Department staff(Attached, Exhibit "E" Page 25). These forms will assist in the tracking of participants' accommodations and spending patterns in Collier County while attending the event. The minimum number of required questionnaires completed and submitted with the final request for funds must be equal to ten percent (10%) of the attendance at the event or one hundred-fifty (150) whichever is greater. Applicants should be aware that the TDC staff will also survey hotels and event attendees to confirm the data collected by the event organizers. APPLICATION GUIDELINES: 1. If you are applying for more than one event or project, separate applications and distinct separate budgets are required. 2. State the goals and objectives for the event for which you are applying. 3. Describe what benefits will be received from the event or promotion for which you are applying. 7 February 25,2013 New Business 7-a 11 of 52 4. Describe how the event or project increases the number of visitors to Collier County, their length of stay, and expenditures at businesses throughout the County. 5. Describe how the effectiveness of the event will be evaluated. 6. Describe how financial resources will be monitored. 7. Describe, in detail, how the event or project will be implemented. STATUS REPORTS: Interim Status Report: A detailed interim status report will be required no later than March 30, 2013. This report will identify the progress to date of the project, activity or event. If the event has been completed by this date, then the grantee should submit a Final Status Report. Interim Reports will be reviewed by the Grant Review Panel as part of their review of the next year's applications. (Form Attached. — Exhibit "B" Page 22) Final Status Report: A detailed final status report will be required to accompany the final Request for Reimbursement and is due no later than September 30, 2013. (Form Attached — Exhibit"C" Page 23) PROCEDURES FOR DRAW OF FUNDS A Request for Funds Form (Attached - Exhibit "D" Page 24) must be completed on a reimbursement basis only and should be accompanied by proof of paid invoices and submitted to the TDC office for interim draws and for final payment. Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany each request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name, A tear sheet is required for each ad for each day or month of publication. Screen shots of on-line ads are also required. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. Grantees are encouraged to submit Requests for Reimbursement at least quarterly to avoid year-end deadlines. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. No advanced payment of any expenses by the County is authorized. If tourist development tax funds become inadequate to fund all or part of a TDC grant, the County reserves the right to reduce funding to a grantee accordingly. 8 February 25,2013 New Business 7-a 12 of 52 USE OF TOURISM DEVELOPMENT FUNDS Florida State Statutes 125.0104 section 5(A) 2 states that Tourism funds must be used to promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. NOTICE: All collateral materials and all print and broadcast advertisements must identify the Collier County tourist development tax as a source of funding. All printed and broadcast material must contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax" and/or display the CVB logo and website url (www.paradisecoast.com) on all printed materials and in television ads where possible to qualify for reimbursement. AUDITS AND RECORDS The organization receiving funds shall maintain such records and accounts, including property, personnel, and financial records as are deemed necessary by the County to ensure a proper accounting for all TDC funds. The aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the TDC deems necessary. They shall be made available to the 'TDC for examination, all such records with respect to any matters covered by this funding application. The organization receiving funding will permit the same to be examined and excerpts or transcriptions made from such records and audits of all contracts, invoices, materials, records of personnel and of employment, and data relating to all matters covered by this application. The TDC's right of inspection and audit shall also apply to any audits made by any other agency whether local, state, or federal. FUNDING CATEGORY GUIDELINES I Sponsorships:Minimum two-day events with 250 or more hotel room nights per day of the event. Funds are to be used exclusively for advertising and promotion in out-of-market media. The maximum is $25,000 per event with a minimum of three years of result history. First Time Events: 'hhese include newly created events, or ones that have little history. Events in this category may be funded up to a maximum of $25,000 per event. Subsequent year funding will be determined by results of the first or subsequent year Return on Investment (ROI) of tourist taxes utilized. II Cultural Events: Two or more day events that bring significant number of out of area visitors to Collier County. The maximum amount per event is $25,000. III Marketing Assistance: Organizations located in Collier County that request marketing assistance for projects highlighting more than one tourism business that further the mission of the TDC and the CVB and do not meet the guidelines for a Category C-2 Museum grant. Examples would be production of brochures, special package promotions and facility marketing programs. The maximum amount per project is $25,000. 9 February 25,2013 New Business 7-a 13 of 52 IV New Sports Events: To attract or support events that have not previously been held in Collier County that can be enticed with assistance in marketing and promotion of the event to increase participation and hotel room nights. The maximum amount available for this category is $25,000 V Sports Events- New Category- See Attachment "A" for details. CRITERIA FOR EVALUATION OF APPLICATIONS Applications will be scored in six (6) categories with a maximum score of one hundred (100) points per applicant. This scoring will determine the ranking of projects or events for funding. I. RETURN ON INVESTMENT OF TOURIST DEVELOPMENT TAX IN VISITOR SPENDING IN COLLIER COUNTY - Maximum 25 Points. Evidence that the project: serves to attract out-of-county visitors generating hotel/motel/campground rentals; will be marketed to the fullest extent possible in an effective and efficient manner; demonstrates a willingness of the organizers to work with the tourism industry; commits to develop other funding sources in subsequent years. II. OUT-OF-COUNTY PROMOTION - Maximum 25 Points. The proposed out-of-County advertising is well thought out and detailed to show the potential broad awareness of the event in out-of-market media. Packaging of hotels, attractions and shopping through tour operators or travel agents will also be evaluated. III. SOUNDNESS OF PROPOSED PROJECT - Maximum 20 Points. A. The extent to which the project has clearly identified objectives; has assigned responsibilities and accountability; has a realistic timetable for implementation; has additional funding sources available that will be utilized and that will accomplish the stated objectives. IV. STABILITY AND MANAGEMENT CAPACITY - Maximum 10 Points. A. A proven record or demonstrated capacities of the organization to develop resources, effectively plan, organize and implement the proposed project. B. The organization has a successful history of producing events or activities related to the grant funded purpose. C. Ability of the organization to administer public grants and to prepare and deliver the necessary progress reports. io February 25,2013 New Business 7-a 14 of 52 V. QUALITY & UNIQUEiNESS OF PROPOSED PROJECT-Maximum 10 Points. Extent to which the activity provides a program for Collier County visitors and its residents, that is of significant merit and that, without such assistance, would not take place in the County. VI. PLAN TO HOLD THE EVENT OR ACTIVITY DURING SHOULDER OR SLOW SEASONS OF THE YEAR (May-November) - Maximum 10 Points. Plans clearly outline commitment to assist the Tourism Department in increasing shoulder and slower seasons of the year. Repeat Funding Requests This Point System will be used to determine the level of funding for repeating events. Scoring must equal at least 75 points. Year of Funding Request Maximum % of Funding Allowed 1st Up to 100% of Request 2nd Year & Beyond Up to Percentage of TDT ROI The amount and priority of funding recommended for approval will be based on the final score in the Evaluation process described above. February 25,2013 New Business 7-a 15 of 52 USES OF TOURIST DEVELOPMENT FUNDS AUTHORIZED USES OF FUNDS: The following are examples of how Tourist Development Funds may be used to promote tourism for Collier County. 1. Advertising and promotional expenses in out of Collier County based media in conjunction with an activity or event to increase participation in the event and bring overnight visitors to Collier County. Examples are: printing and distribution of promotional pieces prior to the event including creative design, printing. copying, ad placement cost and distribution of direct mail. 2. Creating an internet web site promoting the event linked to the County's Tourism website to increase participation, attendance and awareness of the event and to generate hotel room nights. Please be advised that Collier County policy requires the submission of vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on- line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times,screenshots of on-line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the Grantee that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the Grantee may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. No advanced payments are authorized. There are no exceptions. 12 February 25,2013 New Business 7-a 16 of 52 TOURISM FUNDS MAY NOT BE USED FOR: 1. Prize money, scholarships, awards, plaques. or certificates. 2. Travel expenses for event participants or officials. 3. Projects restricted to private or exclusive participation. 4. Private entertainment, food, and beverages and lodging. 5. Operating expenditures directly or indirectly related to the project or event such as equipment, field or facility rental. 6. Legal, medical, engineering, accounting, auditing, planning, feasibility studies or other contracted services or fees. 7. Salaries or supplements to salaries for existing or future staff, or employment of personnel directly or indirectly related to the project or event. 8. Real property or capital improvements, new construction, renovation or restoration to facilities. 9. Tangible personal property including but not limited to office furnishings or equipment, permanent collections, or individual pieces of art. 10. Interest or reduction of deficits and loans. 11. Expenses incurred or obligated prior to or after the project or event period. 12. Advertising and promotional materials distributed at the event site or after the event. 13. Payments for services or goods purchased for previous or other events. 14. Payment for expenses that occur or are delivered prior to or after the effective date of the agreement with the grantee. 15. Advance deposits of any kind. 13 February 25,2013 New Business 7-a 17 of 52 PART II APPLICATION FOR FUNDS GENERAL INSTRUCTIONS Please submit an original and fifteen (15) copies of your completed application and all supporting documents for consideration by the Collier County Tourist Development Council. Complete each item of each applicable section. DO NOT SKIP ANY INFORMATION THAT APPLIES TO YOUR EVENT. Please call Jack Wert, Tourism Director at(239) 252-2402 with any questions. Be sure to have your Chief Official and Secretary signs the application on the last page. One copy of each of the following items is required and should be attached to your original application: ( ) Charter, Articles of Incorporation, By-Laws, Proof of Current Status (except government entities) ( ) Minutes of meeting authorizing officers to apply for these tourism tax funds ( ) IRS Determination Letter of non-profit status (except government entities) ( ) List of current Officers and Board members with terns and salaries, or mayor, City Council ( ) Organizational Chart ( ) Copy of financial statement of your most recent fiscal year(except government entities) ( ) Proof of Liability Insurance ( ) Letters of Commitment from co-sponsors and matching funds contributors Name of Preparer: (Please Print) Signature of Preparer 14 February 25,2013 New Business 7-a 18 of 52 APPLICATION TOURIST DEVELOPMENT SPONSORSHIP FY 2012-13 I GENERAL INFORMATION To assist us in evaluating the impact your event may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (1) NAME OF ORGANIZATION (2) NAME OF EVENT/PROJECT DATE OF EVENT LOCATION OF EVENT (3) CONTACT PERSON: Name: Phone#: ( ) E-mail address: (4) COMPLETE ADDRESS OF ORGANIZATION: STREET CITY ST ZIP PHONE: FAX: (5) ORGANIZATION'S CHIEF OFFICIAL: TITLE: Address if different from above: PHONE: FAX: (6) INTENDED USE OF FUNDS: (Refer to Authorized Uses of Funds and Unauthorized Uses of Funds) (7) AMOUNT REQUESTED $ (8) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED WITH LESS TDC FUNDING? ( ) YES ( )NO 15 February 25,2013 New Business 7-a 19 of 52 II DETAILS ON YOUR ORGANIZATION: In narrative form please describe your organization in the following areas. Use a separate sheet to complete these questions in detail. (1) What are your organization's goals and objectives? (2) What services does your organization provide? (3) How will your organization monitor expenditure of funds? (4) How will your event bring additional visitors and hotel room nights to Collier County? (5) What is your organization's experience in managing sponsorships and grants? III PREVIOUS EVENT EXPERIENCE Please indicate the experience you organization has had with other events or your experience with this event in past years. If you have received TDC funding for a previous event, please include a copy of your Final Status Report. NAME OF EVENT DATE AND LOCATION NUMBER OF PAR'I'1CIPANIS/GULSTS ECONOMIC IMPACT HOTEL ROOM NIGHTS Return on Investment (ROI) of tourist tax used to support the event. icy February 25,2013 New Business 7-a 20 of 52 IV EVENT INFORMATION (Use additional sheets where necessary.) (1) EVENT NAME: (2) TYPE OF EVENT: (3) DATE OF EVENT: LOCATION: (4) NUMBER OF DAYS: HOURS: FROM: TO: (5) EVENT PROMOTER (IF OTHER THAN YOUR ORGANIZATION) NAME OF PROMOTER COMPANY NAME ADDRESS: PHONE and FAX (6) PROJECTED NUMBER OF LOCAL PARTICIPANTS, GUESTS AND MEDIA (7) PROJECTED NUMBER OF OUT-OF-"TOWN PARTICIPANTS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: (8) PROJECTED NUMBER OF OUT-OF-TOWN GUESTS OF PARTICIPANTS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: (9) PROJECTED NUMBER OF OUT-OF-TOWN MEDIA PERSONS: AVERAGE NUMBER OF DAYS STAY IN COLLIER COUNTY: (10) TOTAL NUMBER OF HOTEL ROOMS REQUIRED IN COLLIER COUNTY FOR EVENT: (11) PROVIDE THE ESTIMATED TOURIST TAX REVENUE (4%) AND THE DIRECT ECONOMIC IMPACT ON COLLIER COUNTY FROM YOUR EVENT. (DO NOT USE MULTIPLIERS): $ (12) HOW DID YOU CALCULATE THIS ESTIMATED IMPACT? PLEASE EXPLAIN. (13) PROVIDE A LIST OF OTHER EVEN]' SPONSORS AND THE AMOUNT(S) OF THEIR SPONSORSHIPS. (14) PROVIDE THE LOCATION, CONTACT NAME AND PHONE NUMBER FOR THE EVENT FOR THE LAST THREE YEARS. (15) PLEASE PROVIDE DETAILS OF HOW THE EVENT WILL WORK. 17 February 25,2013 New Business 7-a 21 of 52 V SPORTS EVENT (If Applicable) (1) NAME OF SPORTS EVENT: (2) LOCATION OF EVENT: (IF MORE THAN ONE, LIST ON SEPARATE SHEET.) (3) TOTAL NUMBER OF FIELDS NEEDED: (4) TOTAL NUMBER OF HEMS NEEDED PER DAY: (5) NUMBER OF LIGHTED FIELDS REQUIRED: (6) PROVIDE FIELD USE TIMES BY DAY. (7) SPECIAL FIELD REQUIREMENTS (PLEASE SPECIFY) VI OUTDOOR EVENT: (1) LOCATION AND SIZE. OF LOCATION: (2) SPECIAL SITE REQUIREMENTS: VII CULTURAL ARTS EVENT (1) LOCATION AND SIZE OF LOCATION: (2) SPECIAL SITE REQUIREMENTS: 18 February 25,2013 New Business 7-a 22 of 52 PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $ ADDITIONAL FUNDING SOURCES (Must equal or exceed TDC funding request) TOTAL ADDITIONAL FUNDS OTHER INCOME SOURCES TOTAL OTHER INCOME TOTAL INCOME - ALL SOURCES $ 19 February 25,2013 New Business 7-a 23 of 52 PROJECT EXPENSES: Intended Expenditure of Tourist Tax Funds (Please refer to authorized and unauthorized uses on page 12-13) Provide an itemized summary indicating the intended use of TDC funds. Please be as explicit as possible, including publication names, promotional materials, etc. and how much money will be expended for each category. Use additional sheets if necessary. Total Tourism Funds Utilized: Other Project Expenses Total Other Project Expenses TOTAL PROJECT EXPENSES Profit(Loss) 20 February 25,2013 New Business 7-a 24 of 52 CERTIFICATION I have reviewed this Application for Grant Funds from the Tourist Development Council for FY 2012-13. I am in full agreement with the information contained herein and have the authority to request this funding on behalf of the organization. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. Chief Corporate Officer Date Seal Document Corporation Secretary Date Please attach a copy of the Corporate Minutes authorizing the application for Tourist Tax funds for the purposes stated in this grant application. . 21 February 25,2013 New Business 7-a 25 of 52 EXHIBIT "B" Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the event. This report is due no later than March 30, 2013 These questions will identify the current status of the upcoming event and will be reviewed by the Grant Review Panel. If they feel you are behind schedule on the planning stages, they will make recommendations to help get the event back on schedule. ➢ ➢ Has the planning of this event started? ➢ D. At what point are you at with the planning stage for this event? (Percent of completion) ➢ ➢ What hotels/motels have committed to special rates or packages for the event? ➢ ➢ What is the estimated number of booked hotel/motel rooms to this point for this event or activity? ➢ ➢ What is the total dollar amount to date of matching contributions? ➢ ➢ What is the status of the advertising and promotion for this event? ➢ ➢ If you have submitted any advertisements or printed pieces to the TDC staff for approval, please supply a sample and indicate the ad schedule. ➢ ➢ How has the public interest for this event been up to this point? 22 February 25,2013 New Business 7-a 26 of 52 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followinq questions for each element in your scope of work. Is this a first time event? If not, how many times has this event taken place? ➢ What hotels (names) were used for special rates or packages for the event? ➢ What is the number of hotel room nights generated by this event? What are the total direct expenditures by participants and attendees generated by this event? What is the Return on Investment (ROI) on tourist taxes used in support of this event? ➢ List the vendors that have been paid and state if all vendors have been paid. What is the number of participants that came to this event? ➢ What is the percentage of the total participants from out of Collier County? ➢ What problems, if any, occurred if any during the event? ➢ List the out-of-county- advertising, marketing, and/or public relations that were used to promote this activity or event. ➢ How could the event be improved or expanded? 23 February 25,2013 New Business 7-a 27 of 52 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGAN IZATION ADDRESS CONTACT PERSON TELEPHONE( ) REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSE BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application and agreement. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany this request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. With each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Event participant questionnaires should be submitted with the Final Reimbursement request. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records, consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with, the terms of the contract. The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 24 February 25, 2013 New Business 7-a 28 of 52 EXHIBIT "E" Man n Island VISITOR QUESTIONNAIRE Welcome to the Paradise Coast''. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise 5M. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIM ESHA RE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party= Number of days of your visit= Number of meals eaten out each day= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Children's Museum Naples Philharmonic Fishing State Parks Fun`n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other Lake Trafford King Richard's Fun Park Other Other SHOPPING AND DINING SIGHTSEEING MUSEUMS RELAXATION& Fifth Avenue South Lunch/Dinner Cruise/ County Complex ENTERTAINMENT Third Street South Sunset Cruise Everglades City Golf Waterside Shops City Trolley Tour Marco Island Spa Venetian Bay Everglades Tour Rookery Bay Shelling Bayfront Segway"Four Holocaust Seminole Casino Tin City Dolphin Cruise Naples Depot Lounges&Clubs Prime Outlets Other Palm Cottage Music Other Other Other 25 February 25,2013 New Business 7-a 29 of 52 Collier County Tourist Development Council PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 15 copies.) ❑ Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. 0 Minutes of meeting authorizing officers to apply for these tourist development funds. aIRS Determination Letter - Except Government entities. DList of current officers and board members, indicating terms, or mayor, City Council, etc. ElOrganization Chart DCopy of financial statement for the most recently completed fiscal year - Except Government entities. ElLetters of commitment from co-sponsors; 0 Board Minutes indicating approval to apply for these grant funds. Income and expense details LISigned by Chief Officer and Secretary. Name of Preparer: (Print) Signature of Preparer: _ 26 February 25,2013 New Business 7-a 30 of 52 Naples Marco Island Everglades CATEGORY "C-2" NON-COUNTY OWNED MUSEUM GRANT APPLICATION FY 2012-13 February 25,2013 New Business 7-a 31 of 52 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL GRANT FUNDING REQUEST CATEGORY "C-2" NON-COUNTY OWNED MUSEUM GRANT APPLICATION FISCAL YEAR 2012-13 PART I - INSTRUCTIONS AND DEFINITIONS PURPOSE: This document sets forth the guidelines and categories for requests for funds from Tourist Development Taxes. Applications will be accepted from organizations that will promote tourism activities at their facilities during FY 2012-13 within Collier County that will bring substantial numbers of overnight visitors to the County. AUTHORIZATION HISTORY: The Florida State Legislature enacted the Local Option Tourist Development Act (Section 125.0104, Florida Statutes) in response to the growing need of Florida counties to provide additional revenue sources for Tourist Development in an effort to stimulate the local economy. In response to this need, in 1990, the voters of Collier County approved a two (2) percent Tourist Development Tax on transient rental accommodations. A Tourist Development Council was also created in 1992 to assist the Collier County Board of County Commissioners (BOCC) in planning ways in which to use the revenues received through the Tourist Development Tax, based on statutory guidelines. The tax was increased to three (3) percent in 1996 and to 4% in 2005. The BOCC has the final determination of the allocation of TDC funds within the confines of F.S. 125.0104. ALLOCATION OF THE TOURIST TAX The four-percent (4%) Tourist Development Tax revenue is allocated by the Tourist Development Plan approved by the Board of County Commissioners as follows: 50% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. 13.4% for County owned or operated museums, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more county owned museums and for non- County owned museums that are owned and operated by not-for- profit organizations and open to the public. 36.6% for Advertising/Promoting and Special Events to bring tourism to Collier County. 2 February 25,2013 New Business 7-a 32 of 52 TOURIST TAX ALLOCATION CONT. Further regulations concerning the use of the'tourist Development Tax proceeds are outlined in the Florida State Statute 125.0104, and the Collier County Ordinance 92-60. TIMETABLE FOR REVIEW: The Tourist Development Council will distribute applications to organizations that express an interest in receiving funds for Fiscal Year 2012-13 during the month of March 2012. Projects must meet the guidelines and criteria outlined in this document and must commence after October 1, 2012 and completed by September 30, 2013. Completed applications must be received by the Tourism Department Office no later than 5:00 P.M. on Monday, April 30, 2012. Applications shall be delivered to the Tourism Development Department Office: 2800 North Horseshoe Dr, Naples, FL 34104. For further information, telephone(239) 252-2384. 3 February 25,2013 New Business 7-a 33 of 52 APPLICANT INSTRUCTIONS ELIGIBILITY FOR FUNDING Category "C-2" designated by Collier County Ordinance 92-60 as amended for Non-County owned Museum funding is available through the Tourist Development Council and Collier County Board of County Commissioners. The use of Category C-2 is designated by the Tourist Development Council (TDC) for out of county marketing and promotion of events, special exhibits or to increase visitation to museum facilities. C-2 grant funds are not to be used for construction of facilities. APPLICATION AND EVALUATION PROCEDURE: The following procedure will be strictly followed. All questions should be channeled through the Tourism Director's office. Please read the following instructions carefully and call the Tourism Department Office with any questions at 239-252-2384. Incomplete or incorrect applications will be returned. The Tourism Director, serving as a facilitator. and a five (5) person Grant Review Panel made up of one hotel, one attraction, one restaurant, one retail and one cultural representative will review all applications to determine if they meet the established criteria for funding as indicated in the application form. Only those requests that will have a substantial economic impact on the County from visitors will be considered further. The "tourism Department office staff will notify qualifying applicants who are finalists. All finalists will then be invited to present their applications to the TDC in May or June 2012. The Tourist Development Council (TDC) will receive the recommendations from the Grant Review Panel and will vote on each qualifying applicant and prepare, in priority order, their recommendations for funding for Fiscal Year 2012-13. Funding recommendations of the Tourist Development Council are final. The TDC recommendations will be presented to the Board of County Commissioners as part of the County's budget process for FY 2012-13. After budget approval, contracts will be negotiated with the selected applicants, with assistance from the County Attorney's office, and then presented to the BCC for final approval. Once executed, these contracts will be monitored and Requests for Fund Forms will be reviewed and approved by the Tourism Director. No projects are approved and no funds may be expended until the contract is approved and signed by the Chairman of the Board of County Commissioners. All materials submitted with applications will become a matter of public record, open to inspection by any citizen of the State of Florida subject to Chapter 119, Florida Statutes. 4 February 25,2013 New Business 7-a 34 of 52 SPECIAL NOTE: In the event that any funding request is turned down, the organization will not be permitted to come back to the TDC or Board of County Commissioners for the same event until the next fiscal year. An exception would be made if new information not previously presented might alter the TDC's decision. In this case, the applicant must bring the request back to the TDC for further review before approaching the County Commission. Funding Administration: No funding may be reimbursed until the Collier County Clerk of Courts Finance Department approves the Request for Funds and supporting documentation. Documenting Economic impact: If any of the grant funding is to market or promote events at the museum, applicants will be required to distribute and collect questionnaires provided by the Tourism Department staff. These forms will assist in the tracking of participants' accommodations and spending patterns in Collier County while attending these events. The minimum number of required questionnaires must be equal to ten percent (10%) of the event attendance or one hundred- fifty (150) whichever is greater. (Attached, Exhibit "E" Page 22). Grantees are also requested to tabulate all visitors at their facilities to determine their home residence and the amount of time they are staying in Collier County. Applicants should be aware that the TDC staff will also survey hotels to confirm the data collected by the applicant for event attendance. STATUS REPORTS: Interim Status Report: A detailed interim status report will be required no later than March 30, 2013 or with any interim Requests for Funds reimbursement. The report will document the progress to date of museum attendance and participants in events. Interim Reports will be reviewed by the Grant Review Panel as part of their review of the next year's grant applications. (Form Attached — Exhibit"B" Page 19). Final Status Report: A detailed final status report will be required to accompany the final Request for Reimbursement and is due no later than September 30, 2013. (Form Attached — Exhibit `C" Page 20.) PROCEDURES FOR DRAW OF FUNDS A Request for Funds Form (Attached - Exhibit "D" Page 21) must be completed on a reimbursement basis only and should be accompanied by proof of paid invoices. Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application and County agreement. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. Screen shots of on-line ads will be accepted as proof of performance. 5 February 25,2013 New Business 7-a 35 of 52 With each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits, the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. No advanced payments of any expense by the County are authorized. If tourist development tax funds become inadequate to fund all of part of a TDC grant, the County reserves the right to reduce funding to a grantee accordingly. Grantees are encouraged to submit Requests for Reimbursement at least quarterly to avoid year-end deadlines. USE OF TOURISM DEVELOPMENT FUNDS Florida State Statutes 125.0104 section 5(A) 2 states that Tourism funds must be used to promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. NOTICE: All collateral material and advertisements must identify the Collier County tourist development tax as a funding source. All printed material and all print and broadcast ads must contain the verbiage "A cooperative effort funded by the Collier County Tourist Development Tax"and/or display the CVB logo and website URL (www.paradisecoast.com) on printed materials and in broadcast ads where possible to qualify for reimbursement. AUDITS AND RECORDS The organization receiving funds shall maintain such records and accounts, including property, personnel, and financial records as are deemed necessary by the County to ensure a proper accounting for all TDC funds. 'l'he aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the TDC deems necessary. They shall be made available to the TDC for examination, all such records with respect to any matters covered by this funding application. The organization receiving funding will permit the same to be examined and excerpts or transcriptions made from such records and audits of all contracts, invoices, materials, records of personnel and of employment, and data relating to all matters covered by this application. The TDC's right of inspection and audit shall also apply to any audits made by any other agency whether local, state, or federal. 6 February 25,2013 New Business 7-a 36 of 52 Repeat Funding Requests This Point System will be used to determine the level of funding for repeating events. Scoring must equal at least 75 points. Year of Funding Request Maximum % of Funding Allowed 1st Up to 100% of Request 2nd Year and Beyond Up to Percentage of TDT ROI The amount and priority of funding recommended for approval will be based on the final score in the Evaluation process described below. 7 February 25,2013 New Business 7-a 37 of 52 USES OF TOURIST DEVELOPMENT TAX FUNDS AUTHORIZED USES OF FUNDS: The following are examples of how Tourist Development Funds may be used to promote tourism for Collier County by Museums. 1. Advertising and promotional expenses in out of Collier County media in conjunction with an activity or event or promotion to increase the number of overnight visitors to Collier County. Examples are: printing and distribution of promotional pieces prior to the event or exhibit including creative design, printing, copying, ad placement cost and distribution of direct mail. 2. Creating an internet web site promoting the event or exhibit linked to the County's Tourism website to increase participation, attendance and awareness of the event and to generate hotel room nights and spending throughout the County. 3. Promotional costs for a major traveling exhibit to create new reasons to visit or extend a stay in Collier County Please be advised that Collier County policy requires the submission of vendor invoices, copies of credit card receipts and statements and two-sided copies of cancelled checks, on-line bill pay transaction registers or other acceptable evidence of payment, original tear sheets of print ads showing publication name and date, affidavit of broadcast dates and times, screenshots of on-line ads showing date of capture, or samples of printed materials to the Tourism Director or his designee, for review and upon verification by letter from the Grantee that the services or work performed as described in the invoice have been completed or that the goods have been received and that all vendors have been paid. Should these documents be unavailable, the Grantee may submit other legally viable evidence of payment subject to review and approval by the Clerk's Office. No advanced payments are authorized. There are no exceptions. 8 February 25,2013 New Business 7-a 38 of 52 TOURISM FUNDS MAY NOT BE USED FOR: 1. Prize money, scholarships, awards, plaques, or certificates. 2. Travel expenses related to any traveling exhibit, contest judges or staff travel. 3. Projects restricted to private or exclusive participation. 4. Private entertainment, food, and beverages and lodging. 5. Operating expenditures directly or indirectly related to the project or event such as equipment or facility rental. 6. Legal, medical, engineering, accounting, auditing, planning, feasibility studies, consulting services or fees. 7. Salaries or supplements to salaries for existing or future staff, or employment of personnel directly or indirectly related to the project or event. 8. Tangible personal property including but not limited to office furnishings or equipment, permanent collections, or individual pieces of art. 9. Interest or reduction of deficits and loans. 10. Expenses incurred or obligated prior to or after the project period. 11. Advertising and promotional materials distributed at the museum as part of an event, or after the event. 12. Payments for services or goods purchased for previous or other events. 13. Capital or infrastructure projects. 14. Payment for expenses that occur or are delivered prior to or after the effective date of the agreement with the grantee. 15. Deposits on exhibits. 9 February 25,2013 New Business 7-a 39 of 52 CRITERIA FOR EVALUATION OF APPLICATIONS Applications will be scored in the following categories with a maximum score of one hundred (100) points per applicant. RETURN ON INVESTMENT (ROI) OF TOURIST DEVELOPMENT TAX IN VISITOR SPENDING IN COLLIER COUNTY - Maximum 25 Points. Evidence that the project: serves to attract out-of-county visitors generating hotel/motel/campground rentals and tourist development tax; will be marketed to the fullest extent possible in an effective and efficient manner; demonstrates a willingness of the organizers to work with the tourism industry; commitment to develop other funding sources in subsequent years. II OUT-OF-COUNTY PROMOTION- Maximum 25 Points Any proposed out-of-County advertising to support the project is well thought out and detailed to show the potential broad awareness of the event in out-of-market media. Packaging of hotels, attractions and shopping through tour operators or travel agents will also be evaluated. III. SOUNDNESS OF PROPOSED PROJECT - Maximum 20 Points. The extent to which the project has clearly identified objectives; has assigned responsibilities and accountability; has a realistic timetable for implementation; has additional funding sources available that will be utilized; and that will accomplish the stated objectives. IV. STABILITY AND MANAGEMENT CAPACITY - Maximum 10 Points. A. A proven record or demonstrated capacities of the organization to develop resources, effectively plan, organize and implement the proposed project. B. The organization has a successful history of service in and to Collier County. C. Ability of the organization to administer public grants and to prepare and deliver the necessary progress reports. V. QUALITY & UNIQUENESS OF PROPOSED PROJECT- Maximum 10 Points. Extent, to which the activity provides a program for Collier County visitors and its residents, which is of significant merit and that, without such assistance, would not take place in the County. VI. PLAN TO HOLD EVENTS OR SPECIAL EXHIBITS DURING THE SHOULDER OR SLOW SEASONS OF THE YEAR (May-November)- Maximum 10 Points. 10 February 25,2013 New Business 7-a 40 of 52 PART II APPLICATION FOR FUNDS GENERAL INSTRUCTIONS Please submit an original and fifteen (15) copies of your completed application and all supporting documents for consideration by the Collier County Tourist Development Council. Complete each item of each applicable section. DO NOT SKIP ANY INFORMATION THAT APPLIES TO YOUR ORGANIZATION. Please call the Tourism Office at (239) 252-2384 with any questions. Be sure to have your Chief Official and Secretary signs the application on the last page. One copy of each of the following items is required and should be attached to your original application: ( ) Charter, Articles of Incorporation, By-Laws, Proof of Current Status (except government entities) ( ) Minutes of meeting authorizing officers to apply for these tourism tax funds ( ) IRS Determination Letter of non-profit status (except government entities) ( ) List of current Officers and Board members with terms and salaries, or mayor, City Council ( ) Organizational Chart ( ) Copy of financial statement of your most recent fiscal year(except government entities) ( ) Proof of Liability Insurance ( ) Letters of Commitment from co-sponsors and matching funds contributors Name of Preparer: (Please Print) Signature of Preparer II February 25,2013 New Business 7-a 41 of 52 COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY "C-2" MUSEUM GRANTS FY 12-13 I GENERAL INFORMATION To assist us in evaluating the impact your project may have on Collier County and to better understand what support you are requesting, the following questions must be answered in full. (I) NAME OF ORGANIZATION (2) NAME OF PROJECT (3) PROJECT INFORMATION: STREET ADDRESS: (4) CONTACT PERSON NAME: Phone #: Cell Phone # E-mail Address: (5) COMPLETE ADDRESS OF ORGANIZATION: STREET CITY ST ZIP PHONE: FAX: (6) ORGANIZATION'S CHIEF OFFICIAL: TITLE: Address if different from above: PHONE: FAX: (7)TYPE OF APPLICANT: ( )NON-PROFIT ( ) GOVERNMENT AGENCY ( ) FOR-PROFIT ORGANIZATION (8) GRANT AMOUNT REQUESTED: $ (9) MATCH/LOCAL COST SHARE. AMOUNT: $ 12 February 25,2013 New Business 7-a 42 of 52 (10) PROJECT TYPE (CHECK ONE) ( ) MUSEUM EXHIBIT ACQUISITION PROJECT ( ) PROMOTIONAL MATERIALS (Brochures, flyers,website) O MARKETING PROGRAM FOR MUSEUM (Advertising, Public Relations, Social Media) ( ) OTHER (11) IF ENTIRE REQUEST CANNOT BE FUNDED, MAY THE PROJECT BE RESTRUCTURED WITH LESS TDC FUNDING? ( ) YES ( )NO 12. PROJECT DESCRIPTION: describe in detail the project for which funding is requested 13. APPLICANT'S GRANT HISTORY: Have you received previous grant assistance from the Collier County Tourist Development Council? If so, specify the year, the project name, the amount of the grant awarded and the number of visitors and hotel room nights generated by the grant activity. YEAR PROJECT NAME PREVIOUS GRANT AMOUNT $ # VISITORS ATTRACTED: # HOTEL ROOM NIGHTS GENERATED 13 February 25,2013 New Business 7-a 43 of 52 If you have previously received funding from the TDC, please attach a copy of your FINAL STATUS REPORT including attendance, economic impact and other information that will enable the TDC staff and review panel to evaluate your prior experience. 14. MATCHING FUNDING SOURCES: List the sources and amounts of confirmed matching funds to support the amount of the grant. $ TOTAL MATCHING FUNDS: $ 15. Provide a brief explanation of the Direct Economic Impact this project will have on Collier County. This estimate should be based on the projected number of out of County overnight visitors to the planned event(s). The TDC office has a calculation model that you can use, if needed. 16. What is the current or anticipated annual visitation to your facility? 14 February 25,2013 New Business 7-a 44 of 52 II DETAILS ON YOUR ORGANIZATION: In narrative form please describe your organization in the following areas. Use a separate sheet to complete these questions in detail. (1) What are your organization's goals and objectives? (2) What services does your organization provide? (3) How will your organization monitor the expenditure of tourist tax funds? (4) How will your project bring additional visitors and hotel room nights to Collier County? (5) What is your organization's experience in managing sponsorships and grants? (6) What is your organization's current annual operating budget? $ 15 February 25, 2013 New Business 7-a 45 of 52 PROJECT BUDGET RECAP INCOME SOURCES: TOURIST DEVELOPMENT TAX REQUEST $ ADDITIONAL FUNDING SOURCES (Must equal or exceed TDT funding request) TOTAL ADDITIONAL FUNDS OTHER INCOME SOURCES TOTAL OTHER INCOME TOTAL INCOME - ALL SOURCES $ 16 February 25,2013 New Business 7-a 46 of 52 PROJECT EXPENSES: Intended Utilization of Tourist Tax Funds Provide an itemized summary indicating the intended use of Tourist Tax (TDT) funds. Please be as explicit as possible, including intended publications, promotional materials,etc. and how much money will be expended for each category. Use additional sheets if necessary. Total Tourist Tax Funds Utilized: Other Project Expenses Total Other Project Expenses TOTAL PROJECT EXPENSES Profit (Loss) 17 February 25,2013 New Business 7-a 47 of 52 CERTIFICATION I have reviewed this Application for Grant Funds from the Tourist Development Council for FY 2012-13. I am in full agreement with the information contained herein and have the authority to request this funding on behalf of the organization. To the best of my knowledge, the information contained in this Application and its attachments is accurate and complete. Chief Corporate Officer Date Seal Document Corporation Secretary Date Please attach a copy of the Corporate Minutes authorizing the application for Tourist Tax funds for the purposes stated in this grant application. 18 February 25,2013 New Business 7-a 48 of 52 EXHIBIT `B" Collier County Tourist Development Council Interim Status Report ORGANIZATION NAME: REPORT DATES: FROM: TO: PROJECT NAME: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions to identify the status of the project. Submit this report no later than March 30, 2013 These questions will identify the current status of the project. This report will be reviewed by the Grant Review Panel and if they feel you are behind schedule on the planning stages, they will make recommendations to help get the project stay on schedule. > Has the planning of this event or activity or project started? ➢ At what point are you at with the planning stage for this project? (Percent of completion) > How many hotels/motels room nights have been utilized or are scheduled to be utilized as a part of this event or activity or project? > If you have submitted advertising and promotion for this project, please supply a sample and indicate the ad schedule. ➢ How has the public interest for this event(s) activity or project been up to this point? 19 February 25,2013 New Business 7-a 49 of 52 EXHIBIT "C" Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the followin_q questions for each element in your scope of work. ➢ Was this a first time project? If not, how many times has this event taken place? ➢ What hotels/motels (names) were used for special rates or packages related to the event or exhibit? ➢ What are the total direct expenditures by visitors to your project, event(s), etc? ➢ List the vendors used in support of the event or exhibit, and state if all of these vendors have been paid. ➢ What is the total number of participants that came to your event? ➢ What is the percentage of the total participants from out of Collier County? ➢ What is the Return on Investment related to the tourist tax used in support of this grant? ➢ What problems occurred if any during the project event? ➢ Attach examples of the out--of-county- advertising, marketing, and/or public relations that was used to support the project. ➢ How could the project been improved or expanded? 20 February 25,2013 New Business 7-a 50 of 52 EXHIBIT "D" REQUEST FOR FUNDS COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL EVENT NAME ORGANIZATION ADDRESS CONTACT PERSON TELEPHONE( REQUEST PERIOD FROM TO REQUEST# ( )INTERIM REPORT ( )FINAL REPORT TOTAL CONTRACT AMOUNT$ EXPENSES BUDGET REIMBURSEMENT REQUESTED TOTALS NOTE: Reimbursement of funds must stay within the confines of the Project Expenses outlined in your application and agreement. Copies of paid invoices, cancelled checks, tear sheets, printed samples or other backup information to substantiate payment must accompany this request for funds. The following will not be accepted for payments: statements in place of invoices; checks or invoices not dated; tear sheets without date, company or organizations name. A tear sheet is required for each ad for each day or month of publication. For each request for payment, Grantee is required to submit verification in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. If project budget has specific categories with set dollar limits,the Grantee is required to include a spreadsheet to show which category each invoice is being paid from and total of category before payment can be made to Grantee. Organizations receiving funding should take into consideration that it will take a maximum of 45 days for the County to process a check. Furnishing false information may constitute a violation of applicable State and Federal laws. CERTIFICATION OF FINANCIAL OFFICER: I certify that the above information is correct based on our official accounting system and records,consistently applied and maintained and that the cost shown have been made for the purpose of and in accordance with,the terms of the contract.The funds requested are for reimbursement of actual cost made during this time period. SIGNATURE TITLE 21 February 25,2013 New Business 7-a 51 of 52 EXHIBIT "E" Marco Island VISITOR QUESTIONNAIRE Welcome to the Paradise Coast SM. Thank you for choosing this area for your visit. Please take a few minutes to complete the following questions so that we can better serve the needs of future visitors to Florida's Last Paradise sm. PLEASE REFER TO OUR PARADISE COAST BROCHURES FOR THE LOCATION OF ALL AREA ATTRACTIONS. NAME: ADDRESS: CITY ST ZIP DATE OF ARRIVAL: DATE OF DEPARTURE: WHERE ARE YOU HOTEL/RESORT FRIENDS/FAMILY CONDOMINIUM STAYING? NAME OF HOTEL AND CITY/AREA: NAME OF CONDOMINIUM/TIMESHARE: #OF ROOMS OCCUPIED x NUMBER OF NIGHTS STAYING IN COLLIER COUNTY= HOW DID YOU SELECT THE HOTEL/CONDOMINIUM? INTERNET ( ) YOUR CHOICE ( ) TRAVEL AGENT( ) OTHER: NUMBER OF MEALS YOU & YOUR GROUP WILL EAT OUT: Number of people in your party= Number of days of your visit= Number of meals eaten out each clay= PLANNED AREA ACTIVITIES: (Please circle all that apply) ARTS& CULTURE WATER SPORTS NATURE FAMILY ATTRACTIONS von Liebig Art Center Beaches Everglades Tour Naples Zoo Naples Museum of Art Naples Pier County Parks Naples Botanical Garden Sugden Theatre Shelling National Park Children's Museum Naples Philharmonic Fishing State Parks Fun`n Sun Water Park Art Galleries Boating Corkscrew Swamp Swamp Buggy Race Other Kayaking Conservancy of SW FL Mini Golf Other I,ake Trafford King Richard's Fun Park Other Other SHOPPING AND DINING SIGHTSEEING MUSEUMS RELAXATION& Fifth Avenue South Lunch/Dinner Cruise/ County Complex ENTERTAINMENT Third Street South Sunset Cruise Everglades City Golf Waterside Shops City Trolley'four Marco Island Spa Venetian Bay Everglades Tour Rookery Bay Shelling Bayfront Segway Tour Holocaust Seminole Casino Tin City Dolphin Cruise Naples Depot Lounges&Clubs Prime Outlets Other Palm Cottage Music Other Other_ Other 22 February 25,2013 New Business 7-a 52 of 52 Collier County Tourist Development Council PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 20 copies.) 0 Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. Minutes of meeting authorizing officers to apply for these tourism funds. D IRS Determination Letter - Except Government entities. Ei List of current officers and board members, indicating terms, or mayor, ❑ City Council, etc. ElOrganization Chart Copy of financial statement for the most recently completed fiscal year - ❑ Except Government entities. Letters of commitment from co-sponsors or other sources of matching ❑ funds; 0 Income and expense details Signed by Chief Officer and Secretary with copy of Board Minutes eating approval to apply for these grant funds U Name of Preparer: (Print) Signature of Preparer: 23 February 25,2013 New Business 7-b 1 of 16 EXECUTIVE SUMMARY Recommendation to approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes tourism and approve necessary budget amendments. OBJECTIVE: Approve the eligible costs associated with Hideaway Beach FY 13 Erosion Control Project. CONSIDERATIONS: The Board of County Commissioners directed that a Proportionality Analysis be performed by the City of Marco Island through the Hideaway Beach District to determine the effectiveness of the proposed FY 13 Erosion Control structures in preventing and/or minimize shoaling inside the entrance channel of Collier Bay. The analysis was conducted by Coastal Engineering Consultants on January 16, 2013 and recommended a proportional public benefit of $730,000. Collier County staff reviewed this analysis with Coastal Engineering Consultants, the Hideaway District and the City of Marco Island and have agreed on a proportionally benefit of$350,000 for the following reasons: 1. The actual dredging of Collier Creek occurred in 2001 and 2012. This represents an eleven (11) year dredging cycle and not every six (6) years as noted in the report. 2. The single most significant event that occurred in this area in recent years is the disintegration of Coconut Island that served as a natural erosion barrier to this area. This occurred in 2006/07 and served to make the entire area more ephemeral. 3. Staff review is based on actual monitoring reports and physical data provided by Coastal Engineering Consultants for the past five (5) years. No modeling analysis was used in staffs analysis. 4. Monitoring reports indicated 1,300 Cubic Yards (CY's) per year filling in Collier Creek. 9,600 CY's of material was dredged from Collier Creek in 2012 and this permitted template will be used for future dredging events. This yields duration between dredging events without erosion control structures for Collier Creek of 7.4 years (9,600 CY's divided by 1,300 CY's per year). This serves to justify the shorter duration between dredging events since the destruction of Coconut Island. 5. Monitoring reports over the last ten (10) years indicate that 76% of the original fill volume is retained by the erosion control structures. This would increase the time between dredging events in Collier Creek if structures were in place to thirteen (13) years (7.4 years multiplied by 1.76), 6. Considering a 25 year project life, two (2) dredging events would be required if structures were in place and three dredging events would be required if no structures were installed. This saves one (I) dredging event if structures were installed. 7. The total cost of the 2012 dredging event was $336,000. This includes the construction, design and monitoring. It is realistic to expect that between $300,000 and $400,000 will be saved over the next 25 years in dredging cost if structures are installed. Staff is recommending $350,000 in savings as a result of the analysis. This complements the 2012 actual project cost of$336,000. February 25, 2013 New Business 7-b 2 of 16 8. Collier County staff. Coastal Engineering Consultants, the Hideaway District and the City of Marco have reviewed this recommendation and are in agreement with the revised analysis and costs. Thirty-eight (38) percent of the maintenance of these three (3) erosion control structures is proposed to be the responsibility of Collier County utilizing TDC funds. The balance of the maintenance costs will be by the Hideaway Beach Taxing District and the City of Marco Island. Collier County's maintenance share was determined by the ratio of the beneficial cost of $350,000 to the overall installation cost of $925,000. The Hideaway Beach District Board approved this agreement at their 2/15/2013 board meeting. Tourism benefits from this project are as follows: 1. Marine tourism benefits to the extent that Collier Creek remains open to boaters. It is estimated that one-third to one-half of all boat traffic on Marco Island utilize Collier Creek for access to the Gulf. Esplanade Marina is located in Smokehouse Bay requiring access through Collier Bay and Collier Creek. 2. Tour operators from the Marco Island mainland utilize the Hideaway Beaches for shelling and beach excursions. 3. Public access is available to these beaches via boat. FISCAL IMPACT: Funding for the project under discussion is not presently budgeted. The proposed source of funding is Tourist Development Tax Beach Renourishment Fund (195). If the project is approved a budget amendment in the amount of $350,000 reducing reserves and establishing the project budget will he necessary. GROWTH MANAGEMENT IMPACT: No impact to the growth management plan would result from this Board action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 5 to 1 vote. This item will be presented to the 'tourist Development Council (TDC) on February 25, 2013 with results communicated to the BCC via written memorandum. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. — RECOMMENDATION: Approve $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes Tourism and approve necessary budget amendments. Prepared By: J. Gary McAlpin, P.F., Coastal Zone Management, Natural Resources Department Attachments: A) Coastal Engineering Consultants Proportionality Analysis dated January 16, 2013. February 25,2013 New Business 7-b 3 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 1 Introduction The City of Marco Island's northern beach area has been experiencing significant erosion in the wake of recent storms including Tropical Storm Fay and coastal processes (winds, waves, tides and currents). The upland development and infrastructure are threatened by the continuing erosion. Based on these measured near-term erosion rates, it is expected the building foundations will soon be under direct wave attack as the remaining dune and wetland habitats and upland vegetated lawn areas will be lost to erosion. The Project is located along the City of Marco Island's northern beach area adjacent to the Big Marco River and Gulf of Mexico, Marco Island, Collier County, Sections 5. 6, and 7, Township 52S, Range 26E, Class III Waters. A location map is presented in Figure I. 0 400 800 1000 '' _ NOTE: AERIAL PHOTOGRAPHY WAS • "' ,, ."1 PROVIDED COWER COUNTY. t„st q< t:, IN \,().1-4 i1 !'i! ,0 kAiZ R '- .,D MAR'•':t‘,,,,e, iF/4 OYAL ,I ' ry 3 A I I, w / • T -,,i,,,,,..2 ROCK REVETMENT / ,:. 3! February 25,2013 New Business 7-b 1of16 Hideaway Beach Erosion Control Project Proportionality Analysis 2 Project Purpose To address this critical erosion area, the City through its consulting contract with Coastal Engineering Consultants and Coastal Technology Corporation has completed a detailed model study and design, has received the FDFP permit and USFWS Biological Opinion (draft), and is currently processing the last permit required from the USACF for installation of three erosion control structures (T-groins) and placement of up to 25,000 cubic yards of beach compatible sand. The sand sources include the previously utilized Nearshore Borrow Area (2010 project) and Collier Bay Entrance Channel (2001, 2005 and 2012 projects). A third sand source, the Capri-Big Marco Pass Borrow Area (2005 project) is also permitted and will be available for future renourishment events. The purpose of the beach fill and erosion control structures is to address significant erosion along this beach segment providing a mechanism to offset historical erosion, restore recreational beach, provide storm protection to the upland properties, provide and preserve sea turtle nesting sites, and restore coastal habitat for other threatened and endangered species. One public benefit realized by the Project is to reduce the maintenance dredging costs of the Collier Bay Entrance Channel which addresses the navigation needs for the boating community. Installation of the structures is expected to hold the sand placed along this critically eroded beach segment, thereby reducing Project related costs and future maintenance costs. This proportionality analysis has been completed in support of the City of Marco Island's Tourist Development Council's Grant Application in the amount of$925,000 to offset the materials and installation costs of the three (3) "h-groin structures. Utilizing the consulting team's coastal processes analysis and detailed model study completed in support of the Project design and permitting, Collier Bay Entrance Channel maintenance history, and Project related monitoring surveys, the costs for maintenance dredging "without" and "with" the T-groins was estimated throughout the Project life which was defined as the expected life of the erosion control structures estimated to be 20 to 25 years. It is noted that no new data collection or numerical modeling was conducted due to the time constraint. 3 History of Management Activities (1997 to present) 1997 • Two (2) temporary geotextile T-groins were constructed at South Point • Three(3) temporary geotextile T-groins were constructed at Royal Marco Point 2001 • Survey (December) from Royal Marco Point to Collier Bay • Dredging of Collier Bay entrance (May through July); 24,100 cubic yards were removed and placed along the beaches extending up to the Royal Marco Point T- groin field • Two (2) additional temporary geotextile I-groins were constructed • Ville de Marco initiated seawall and dock repairs along Collier Creek (construction suspended due to contractor issues) 2 January 16, 2013 February 25,2013 New Business 7-b ------ — 5 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 2002-2003 • 500-foot section of seawall and 10 finger piers along Collier Creek were replaced by Ville de Marco West (VDMW) in 2002 as result of channel scour. Concrete armor mat was installed along entire property fronting Collier Creek to protect finger piers and seawall from future scour. 220-foot long steel sheet pile toe wall was installed along northwestern corner of property to protect seawall and observation pier from future scour. Sheet pile were 19-foot long P7-27 sections driven 17 feet into channel bottom. 2005 • Pre-construction survey (April) of Collier Bay and Hideaway Beach • Seven (7) temporary geotextile T-groins constructed were removed • 136,350 cy were placed along 2,800 ft of shoreline at South Point • 180,420 cy were placed along 3.000 11 of shoreline at Royal Marco Point • Five (5) T-groins were constructed at South Point • Five (5) T-groins were constructed at Royal Marco Point • Terminal jetty was constructed at the entrance to Collier Bay • Post-construction survey (December) of Collier Bay and Hideaway Beach 2006 • Monitoring surveys (June and December) of Collier Bay and Hideaway Beach 2007 • Monitoring survey (July) of Collier Bay and Hideaway Beach 2008 • Monitoring surveys (September) of Collier Bay and Hideaway Beach • Emergency revetment was constructed (September) between the South Point and Royal Marco Point "f-groin fields 2010 • Survey (May) of Collier Bay and Hideaway's North Beach • Pre-construction survey of Collier Bay and Hideaway Beach • Approximately 122,000 cy were placed along 2,500 ft of shoreline • Six (6) T-groins were constructed • Post-construction survey (December) of Collier Bay and Hideaway Beach 2011 • Survey (April) of Collier Bay and I lideaway's North Beach • Tide, current and wave gauge deployment (March-April) • Monitoring surveys (August) of Collier Bay and Hideaway Beach 2012 • Collier Bay Entrance Channel was dredged (January), approximately 9,300 cubic yards (total)were excavated and placed in nearshore between H12 and H14 3 January 16, 2013 February 25,2013 New Business 7-b 6of16 Hideaway Beach Erosion Control Project Proportionality Analysis • Monitoring surveys (July) of Collier Ba) and Hideaway Beach • Bid Documents prepared for Hideaway Beach Erosion Control Project — Phase III to include 25,000 cubic yards between approximately H-12 and H-14 plus three new T- groins tapered to replicate the 1990 mean high water shoreline 2013 • Bids received for the Project. Apparent low bidder priced the three erosion control structures equal to $994,952 including mobilization, materials, installation, and demobilization along with 50% of the environmental protection bid item ($7,500). It is noted the environmental protection bid item was for the whole Project including both the dredging/filling operations and the structures. The bid tabulation sheet prepared by City Purchasing is included in Attachment 1. It is noted this bid is approximately 4%under the Engineer's Opinion of Cost for the structures (same bid items) equal to $1,036,370. 4 Terminal Jetty The existing terminal jetty located along the west side of the entrance to Collier Bay was constructed by the County in 2005. The jetty was placed within Sovereign Submerged Lands Easement No. 40548, BOT File No. 110337105. A 2001 to 2005 project components map is presented in Figure 2. 5 Collier Bay Entrance Channel 5.1 Introduction The Collier Bay Entrance Channel is located at the junction of the Big Marco River with the entrance channel to Collier Bay, locally known as Collier Creek. The dredge area was placed within a Sovereign Submerged Lands Easement No. 30622, BOT File No. 110222775. The design cut depth is to elevation -11.3 feet NAVD with a 1-foot overdredge tolerance to -12.3 feet NAVD. The design cut width is 80 feet; however, due to the presence of the existing terminal jetty, between approximate Stations 2+00 and 4+50, the dredge cut width reduces by 10 feet (70 feet)to 38 feet(42 feet). Based upon field observations and review of the multiple monitoring surveys, the terminal jetty has filled to capacity by natural sand transport and bypassing is occurring into the channel resulting in a constriction of the Collier Creek waterway. This narrowing has increased the current velocities in the Creek resulting in significant scour along the eastern side of the channel adversely impacting the upland development on the opposite shoreline. The 2012 dredging project, FDEP Permit No. 03051 1 2-001-JC. was completed by the City (design and permitting) and County (construction and construction management)to temporarily alleviate this condition. 4 January 16, 2013 February 25,2013 New Business 7-b 7 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis e'er` ...� -'°'''-''''" yA , if at � J � J 3 yy. afi ? 1 Lt f S N„ ti x. a;o ;'''$-,''',:-----'''''' - ,„ .. ,.,''"1.",' - ,.. ,,,iiit, ,,‘ ' ''c!';,,r,,,.'''''''litolr,„"viL,,,,,,,/,,,,,t,,, \ 9 k `,.,%.:'1..A',,,''''''''''',','', c s + cest a z;'ce" ,,,O ,,,`� ,.,,...,1,,,:: ,k Figure 4 2 , . 2001 —2005 Project Components Map 5.2 Entrance Channel Maintenance History Details of the entrance channel maintenance projects are presented in Table 1. The volumes for each dredging event, costs for each construction project, and volumes within the dredge cut for various condition surveys are presented therein. Table 1. Collier Bay Entrance Channel Volume Chronolo_ Description Volume In Permitted Template (CY) 2001 Ori.inal Dredgin_ _ 24,100 2005 Terminal Jetty Unreported Aril 201 I Condition Surve _ 9,900_ 2012 Maintenance Dredging 9,300_ July 2012 Condition Survey* > 6,000 * Limited number of surveyed channel cross sections With respect to computing the average dredge volume, it is noted that the terminal jetty was placed within the original dredge cut limits; no volume was recorded for the 2005 event that CEC's research was able to discern. To that end, the condition survey in 2011 and maintenance dredge project in 2012 yielded 9,600 cubic yards plus or minus 300 cubic yards in the permitted 5 January 16, 2013 February 25,2013 New Business 7-b — — --- 8of16 Hideaway Beach Lrosion Control Project Proportionality Analysis dredge cut. This indicates that once the channel infills to this approximate volume, no additional shoaling within the permitted dredge limits occurs. Rather, at this point the shoaling into the channel deflects the currents which then scour the sediment along the opposite shoreline as evidenced by the monitoring results described herein. Based on these data, the design maintenance dredge volume shall be set equal to 9,600 cubic yards. Based on the construction events (2000. 2005 and 2012), inlet maintenance has been completed on average every 6 years. However, based on the monitoring surveys and observed infilling / scouring trends, the entrance channel fills in more rapidly than every 6 years (as evidenced in the proceeding sections) suggesting the appropriate maintenance interval may be less than 6 years. Based on the coastal processes analysis and annual monitoring surveys/reporting, the maintenance dredge interval is primarily a function of episodic events which are the predominant coastal forcing function transporting sediment along the shoreline and into the inlet mouth. 6 Coastal Processes Assessment 6.1 Historic Shoreline and Volume Changes Bathymetric/topographic survey data and aerial photographs collected between 1990 and 2010 were used to analyze and compute historic shoreline changes. Figure 3 presents a summary of historic shoreline change rates at Mean Iligh Water (MIIW) within the Project area for four periods between 1990 and 2010. The rates indicate that the 20-year trend (1990-2010) within the Project area between approximately 11-12 and 11-14 was erosional with erosion rates ranging from 2 feet per year to 6 feet per year. Immediately outside the Project area the shoreline during this period was stable to accretional. Further, there is a significant shift in trends from the 1997- 2005 period when the shoreline within the Project area was stable to the most recent 2005-2010 period when erosion rates ranging from 8 feet per year to 20 feet per year occurred. Bathymetric/topographic survey data collected in December 2005 and December 2010 were used to analyze and compute historic volumetric changes. Figure 4 presents a contour map of the changes with three (3) volume cells identified. Cell I approximately delineates the Project area experiencing erosion, Cell 2 represents the area updrift of the existing terminal jetty, and Cell 3 covers the entrance to Collier Creek and the creek interior. Seaward limits for Cells 1 and 2 were determined based upon comparison between the 2005 and 2010 profiles and defined as an approximate location of profile closure seaward of which cross-shore sediment movement did not occur. Based on the volumetric calculations, Cell I lost approximately 17,700 cubic yards between 2005 and 2010, Cell 2 gained approximately 4,900 cubic yards, and Cell 3 gained approximately 6,500 cubic yards. 6 January 16, 2013 February 25,2013 New Business 7-b 9 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis NOTE: AERIAL P IOTUGRaPHY WAS ^� � wq '.,) PROVIDED BY COLLIER LOSS C :.}. ## ' { - DATED 2011. LEGENDS � �So�, 199E - 1991 cnAU,t Aare (r i/YR) . "�..' v � A' �s X997 - 2005 CHANCE RATS (FTJYR) 5 }pp'=u �1 •°_ „^---2005 - 2010 f:IiANC;t HATS CFI/YRJ LEGEND CNA,S RATE (ET/Y R) \ice-y``,',,,,,,o.,,48\'',,, ',k'f., 8 yF GULP OF'MEXICO. ., Mp'9Fyr,gsra.�., ' 4S!/4, 1 'fit �.t r � :..'--n rho '': .w 4,_ ''''''e+it" ..� 1:n4j " -,Ai; :',,,'" (._,%.,,.',.',,,„,,„ :,,,' ,s.:',:---..--.),..1t.,',0:".. .,0, ' ','...,, „, '•T 1, ® x �,�yiy �, �' �, .e � ROYAL MARCO ��" ' POINT Figure 3. North Hideaway Beach Historic Shoreline Change Rates. 260'. � � ti s I';,` Change,ft t Celt 4 a b�' -° x CT371 2 � 0 .,,.- 0V.::01 +4,90Q cy ?"" •:C5 8 7 ': wit fi + �, 6 _ H I a' � — � x _ ,o.ta � ,� 5 Q ® ,-d C, _ 3 ? 1�QO — 2 C+ ti ��o a 7.-.. ' 0.25 cr ' 60° p . —-0.25 4400" �'► J 0.5 ,may 'lino RD a , � o t � 777-8 � r e 115 Aeri l Dt 201I 1 1 �,�t 415000 a tI 414000 2 Easting (NAD83,ft) Figure 4. Hideaway Beach North Segment Historic Volume Changes. 7 January 16, 2013 February 25,2013 New Business 7-b — — 10 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 6.2 Sediment Budget The historic volumetric changes presented in the previous section were annualized and a local sediment budget was developed. It is presented in Figure 5. A negligible amount of sand was measured transporting from the existing T-groin field into Cell I (North Beach segment). The amount of sediment transported out of Cell I to the northeast was on the order of 3,500 cubic yards per year. The fillet formed updrift of the jetty at an average rate of 1,000 cubic yards per year attributed to the erosion from Cell l. The net change in Cell 3 including the deposition into the channel and scouring on the opposite shoreline was approximately 1,300 cubic yards per year, again attributed to the erosion from Cell 1. A detailed coastal processes analysis was prepared on behalf of the City and submitted to the FDEP and USACI'. in support of the Project design and permitting(CEC, 201 1). North Beach Project and Entrance Channel Schematic Sediment Budget �x 250` $ i ff ';o° V,k1' w�r �,M yy� � t ,,, j ,, 3 f °' " Aerial Date 2011 414000 415000 Easting (NAD83, ft� Figure 5. North Hideaway Beach Sediment Budget. The results of the sediment budget indicate the majority of the sediment transporting off the North Beach segment either deposits on the beach updrift of the jetty or infills the channel. 8 January 16, 2013 February 25,2013 New Business 7-b 11 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 6.3 Current Conditions Examining the sediment budget for Cells 2 and 3 (Figure 5) and noting that the jetty fillet is at capacity under current conditions, the 1,000 cubic yards per year is likely bypassing the jetty and when combined with the 1,300 cubic yards per year, equates to a potential shoaling rate of approximately 2,300 cubic yards per year. Based on the design maintenance dredge volume of 9,600 cubic yards and the average annual shoaling rate, the design maintenance dredge interval equals approximately 4.2 years. Utilizing the limited number of inlet cross sections collected as part of the July 2012 monitoring survey provided by the City through their outside consultant, Humiston and Moore (H&M), it is estimated that over 6,000 cubic yards of sand is within the permitted dredge cut. This deposition occurred within 6 months of the 2012 maintenance event. It is noted that Tropical Storm Debby struck the Southwest Florida coastline during this timeframe impacting the Project area and contributing to this significant deposition rate compared to the five year average. Because the terminal jetty fillet remains filled to capacity, the significant majority of sand eroding off of North Beach was transported alongshore and deposited in the channel. 7 Numerical Modeling Study The main objective of the Numerical Modeling Study was to predict, using numerical model simulations, the sediment transport magnitude and directions, bathymetric changes, beach fill diffusion, and channel sedimentation rates for each alternative carried forward from the Plan Formulation Phase of the Project; and to compare the relative performance of the alternatives in order to select the recommended design. DHI's MIKE21 model was implemented in this Study. The model is state-of-the-art with features capable of simulating the processes driving morphologic changes in the Project area. MIKE21 is a finite volume model based on unstructured mesh. Computational grids were created to include three (3) offshore (north, west, and south) and three (3) inland open boundaries. The morphology module, which computes both bed-load and suspended load transport of non-cohesive sediments, was activated and coupled with the flow module. The wave module was activated because wave action is an important process causing morphologic changes in the Project area. The computational grid used in the flow module was also specified in the wave module for simplicity. The coupling of flow, waves, and sediment transport was done dynamically. The primary forces behind processes within the Project area are wave action and tidal currents associated with the inlet system. Therefore, the flow, wave, and sediment transport modules were dynamically coupled within the model. The calibration and validation steps were performed for two independent time periods and utilized different input data. The consulting team concluded that the calibration and validation program was sufficient for utilization in modeling the defined beach and inlet management alternatives, specifically for comparative assessment and ranking of the performance of each alternative. As part of the alternatives analysis, a detailed modeling report was prepared on behalf of the City and submitted to the FDEP and USACE in support of the Project design and permitting (CEC, 2011). 9 January 16, 2013 February 25,2013 New Business 7-b 12 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 8 Alternatives Analysis 8.1 Introduction The next step in the design and permit process was to model several alternatives and compare and contrast the results. The alternatives were simulated using the calibrated and validated MIKE21 model. These alternatives included but were not limited to: 1) No Action 2) Beach fill with T-groins (Figure 6). The T-groins are cited such that their T-heads are aligned with the 1990 shoreline position in an effort to restore the shoreline to pre-erosion control management implementation on Hideaway o the loss of Coconut Island which afforded protection to this shoreline segment.as well Furtheras pri,r according to to, ble between 1990 and 1997. The toe of the fill is located approximately 20 North feet Beach landwarwas d of sta the steep river slope to avoid direct the losses analysis of of historic shoreline trends the fill into the channel. -. - k rl Fill Thickness m �� 005 010 050 100 150 o $.,•' 1111 &ms 's CN 00 o *n 3 4, , s i 1990 Shoreline \, t Nc ',1. ,.. CO �. x Oc) _ 0 . e Z . ct I%T Ciroms - }�,, +,�,'. i o Beach Fill 1 o. . , d'',.„.r.1.:111:121t3,,,,:,,,,,,,:iv'.1;r4c.:ti4,171 Q�� Beach rill Crest 1 , .. Bea h Fill Land l,4 and Lunn , 126000 126200 126400 126600 Easting (m) Figure 6. Beach Fill with T-Groins Alternative Design Plan. 10 January 16, 2013 February 25,2013 New Business 7-b 13of16 Hideaway Beach Erosion Control Project Proportionality Analysis 8.2 Model Results The No Action Alternative was chosen as a baseline alternative to which model results of the other alternatives were compared. It should be noted that due to model instabilities, approximately 10 months of the 1-year simulation period were achieved. Figure 7 presents the comparison of morphologic elevations and volume change quantities within the beach fill between the two alternatives at the end of the 10-month simulation. This comparison was created by subtracting the I0-month modeled surfaces. The comparison indicates that for the No Action Alternative there was a loss of approximately 5,400 cubic yards of sand within the beach fill template; and that for the Beach Fill with T-Groins Alternative there was a loss of approximately 4,200 cubic yards of sand within the beach fill template. Based on the model results, Beach Fill with T-Groins Alternative reduced the losses from the beach fill by approximately 22%. NO ACTION ALTERNATIVE 8 VOLUMETRIC CHANGES -hilr(,,,,, ,.,_\L / f y ' Change, , „, (m) °�- — 2 0 p /' --7- r ,-die 0.75 ri ,‘,1 f-� to . - �` i� __ 0.2 :-i : "'� � t �� ,fir U7�, g -5.400 c' ,tthin Beach Fii Tem.late 2 !,. ` 125000 126200 1zeact Easting(NA083.m) BEACH FILL WITH T-GROINS ALTERNATIVE VOLUMETRIC CHANGES 7•f i'r 4(7 Change ihAl\----\\,,,,,..„____, , i -I3 (m) ti co . , a 0.5 z Q / .-■ i 4:001et.i= _„--1-' �"�r" .- - ' �a w dif„,,a. F `k ',f 4� s ar -0.75 a ";''''.14...2'06.0 iithin Beach Fill Tem.late 2 12b000 126200 1n40C Easting(NA083.m) Figure 7. Analysis of Morphologic Changes and Volumetric Quantities. I 1 January 16, 2013 February 25,2013 New Business 7-b 14of16 Hideaway Beach Erosion Control Project Proportionality Analysis Numerical modeling of the No Action Alternative resulted in deposition of approximately 1,800 cubic yards of sand within the permitted borrow area limits over a 10-month simulation period, which is equivalent to a shoaling rate of approximately 2,200 cubic yards per year. Comparing this to the potential shoaling rate taken from measured results (Section 6.3), the model results are very realistic, and confirm the design maintenance dredge interval. 9 Proportionality Analysis 9.1 Benefits Analysis Two methods are examined to predict the reduction in the entrance channel infilling from installation of the three T-groins along the North Beach segment. 9.1.1 Numerical Modeling Approach First, the results of the numerical model study developed by the consulting team for the design and permitting were examined to compare the No Action Alternative to the Beach Fill with T- groins Alternative. The model results predicted the structures will reduce the beach fill losses by approximately 22%. It is noted that due to the time constraint in preparing this analysis, a model run with beach fill only (i.e. no structures) was not achievable. It is suggested that the placement of beach fill without structures compared to the beach fill with structures would show similar results or quite possibly show that the structures have a higher percent retainage of fill. Thus the 22% is assumed to be the minimum benefit afforded by the structures for reducing the infilling into the entrance channel. 9.1.2 Empirical Approach Second, the performance of the existing T-groin field was reviewed to quantify the benefits the T-groins provide in retaining the sand within the fill template. Humiston and Moore (H&M) have completed long-term monitoring surveys and reports for the T-groin projects along Hideaway Beach for over a decade. As part of the post-construction report of the 2010 project, H&M (2011) reported that the T-groin field constructed in 2005 along Royal Marco Point retained approximately 76% of the original fill volume after four years and approximately 81% of the original fill volume after five years noting that 3,000 cubic yards had been added to this segment by virtue of the 2010 construction project. The current Project utilizes the same design principals as the 2005 and 2010 projects. and the performance of the T-groin field along North Beach is predicted to perform similar to the rest of the T-groin field. Thus the 76% is assumed to be the maximum benefit afforded by the structures for reducing the infilling into the entrance channel. 9.2 Dredge Cycles Table 2 presents a summary of dredge cycles and number of events computed for the Project life defined as the life of the structures which is equal to 25 years. The maintenance years are computed from 2012, the date of the last maintenance event. The 25-year period begins in 2013, 12 January 16, 2013 February 25,2013 New Business 7-b 15 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis corresponding to the new T-groin installation, and ending in 2038. Based on the design maintenance dredge cycle of 4.2 years, the summary begins with the 4-year cycle. Table 2. 25-Year Period Summary of Dredge Cycles and Number of Maintenance Events Cycle Maintenance Years * Number of Events ** 4-Year 2016, 2020, 2024, 2028, 2032, 2036 6 5-Year 2017, 2022, 2027, 2032, 2037 5 6-Year 2018, 2024, 2030, 2036 4 7-Year 2019, 2026, 2033 3 8-Year 2020, 2028, 2036 3 9-Year 2021, 2030 2 * Measured from 2012 —date of last maintenance dredge event ** Within 25-year project life (2013-2038) Based on the two approaches, the benefits the structures will provide ranges from a 22% reduction to a 76% reduction in erosion off North Beach and alongshore into the channel. Applying these percent reduction rates, a four year dredge cycle (6 events) would extend to 4.9 years (5 events) and 7.0 years (3 events) respectively. This equates to a reduction of one to possibly three maintenance events within the period of analysis. Similarly, a five year dredge cycle (5 events) would extend to 6.1 years (4 events) and 8.8 years (2 events) respectively. This equates to a reduction of one to possibly three maintenance events within the period of analysis. 9.3 Cost Savings The construction cost for the 2012 dredging project was $262,000. The design and permit costs were approximately $50,000. The construction administration and monitoring/reporting costs were $20,000. This equates to a total project cost of $332,000 in 2012 dollars. Future maintenance dredge costs are presumed to be slightly less than the 2012 project noting the design and permitting tasks will be able to take advantage of the extensive work completed to permit the project as well as the Erosion Control Project. It is assumed the maintenance event costs will be $315,000 in 2012 dollars. Applying the reduction in the number of maintenance events computed above, ranging from one to possibly three events, the cost savings from installation of the T-groins ranges from $315,000 to $945,000. The scenarios analyzed above include the likelihood of reducing the number of events by two within the 25-year period of analysis. Therefore, the recommended proportionality analysis is a cost savings to the future maintenance dredge program of$630,000. It is noted that the City has borne the cost of the design and permitting for the Project, on the order of$300,000. There are three major components to the Project: beach fill, structures, and borrow areas. Using a simple assumption of equality, the assumed cost for the design and permitting of the structures is $100,000. Thus the proportional public benefit is recommended as $730,000. 13 January 16, 2013 February 25,2013 New Business 7-b 16 of 16 Hideaway Beach Erosion Control Project Proportionality Analysis 10.0 Conclusion A Proportionality Analysis was completed in support of the City of Marco Island's TDC funding application for erosion control structures. The analysis was based on existing data, analyses, modeling results, and experience of the consulting team and City representatives. To date three maintenance projects have been completed by the County at the Collier Bay Entrance Channel. The dredge quantity ranged from 9,300 cubic yards to 24,100 cubic yards and one event included installation of the terminal jetty. Based on the coastal processes assessment, the design maintenance dredge volume and dredge interval are 9,600 cubic yards and 4.3 years respectively. Some of the results from the detailed numerical model study developed by the City's consulting team in support of the Project design and permitting were utilized in the analysis. The channel shoaling rate and thus the dredge interval were verified through comparisons with the measured data. The minimum benefits to be derived from installation of the structures were quantified through the modeling results which predicted a 22% reduction in the beach fill erosion rate when compared to the No Action Alternative. The maximum results were set based on the historic monitoring and reporting by the City's outside consultant (H&M) who demonstrated that the existing T-groin field as retained over 76%of the original beach fill volume after 4 to 5 years. Applying these benefits to the design dredge interval, it is predicted that the dredge cycle will increase from one to possibly four years; equating to a reduction in the number of maintenance events from one to possible three events within the Project life defined as 25 years. The reduction in the number of maintenance dredge events equates to cost savings. Based on the 2012 maintenance dredge event total project cost, the estimated savings for one event is $31 5,000 and for three events is $945,000. Using averages and including one-third of the design and permitting costs, the proportionality analysis yields a recommended total cost for the public benefit equal to $730,000. 11.0 References Coastal Engineering Consultants (CLC). 2011. Joint Coastal Permit Application, Attachment XI "Coastal Systems Assessment" and Attachment XII "Alternatives Analysis." Submitted to FDEP and USACE in support the Hideaway Beach Erosion Control Project. Humiston and Moore Engineers (H&M). 2011. Hideaway Beach Nourishment & T-Groin Erosion Control Project Phase II, One Month Post Construction Monitoring Summary Report 1, DEP Permit 0222764-006-EM, March 2011. 14 January 16, 2013 February 25,2013 New Business 7-c 1 of 74 EXECUTIVE SUMMARY Recommendation to approve the Atkins North American peer review of the Coastal Planning and Engineering volume design for the 2013/14 beach renourishment project and approve the proposed project bid form and bidding approach. OBJECTIVE: Approve the peer review of the design volumes for the 2013/14 beach renourishment project along with the bid form and bidding approach used on this project. CONSIDERATIONS: 1. Peer review of the Coastal Planning and Engineering (CPE) design beach volumes. Atkins North America conducted a peer review of the design beach volumes for the 2013/14 beach renourishment project (Attachment 1). Atkins evaluated CPE's design, design calculations, modeling results, and construction standards for the beach fill templates of the Vanderbilt, Park Shore and Naples beaches and compared the current proposed design to the project constructed in 2006. The project deliverables are summarized as follows: • "A detailed explanation of the total quantity of sand to be placed on the beach as part of the renourishment Project. "—Based on Atkins's review, the total quantity of sand to be placed on the beach in 2013 is 419,120 cubic yards (CY's) as per the CPE design recommendations. This volume was independently confirmed with Atkins's volume calculations and is within 10% of the Atkins's calculated volume of 387,395 CY's. The difference predominantly exists in the end section tapers of each renourishment segment where engineering judgment of the design professional is needed due to increased erosion and sand spreading. • "This (review) will include plots of the beach profiles at each of the surveyed monuments showing the 2006-6 year design template and the computed quantity of sand necessary to restore the original 2006-6 year design template.(unmodified not including any inlet management projects). " - The sand necessary to restore the unmodified 2006-6 year design template based on current conditions is 408,005 CY's. This is consistent with the 419,120 CY's calculated by CPE for the 2013 beach fill template. Appendix A of the Peer Review contains the plan and profile plots identifying the differences from the 2006 and 2013 designs. Table 5 identities the quantity differences by beach segment. • "A table will be provided identifying the amount of sand to be placed throughout the project area at each profile, for each of the 3 areas. " — This is included in Appendix B of the Peer Review. • "Any and all assumptions shall be listed to explain how much sand is proposed and specifically where it is proposed to be placed as part of the 2006-6 year February 25,2013 New Business 7-c 2 of 74 design template in each of the project areas. " - The assumptions are listed in CPE's Design Matrix under Special Adjustments. The methodology used to determine the design life of the 2013 project is the same method used in 2006, and that project achieved its design life. • "Figures will confirm and show any differences on the profile if the new project fill differs from the unmodified 2006-6 year design template. The memorandum will explain why their differences, if any, based on review of the reference document. - Profiles listed in Appendix A identify the differences between the 2006-6 year design and the 2013-6 year design. All the profiles have differences that can be attributed to either the project length changes; the design template geometry; the dune or berm crest elevations or the fill densities. The composite erosion rates dictate the project length and fill densities. The post construction monitoring dictate the design template geometry and the dune crest and berm crest elevations designed at whole numbers for the ease of construction. Additionally, Atkins has reached the following Peer Review conclusions: 1. The methodology used by CPE to determine the design life of the 2013/14 project (design matrix, advanced renourishment, and special adjustments) was the same method used in 2006, and that project achieved its design life. 2. The design approach utilized by CPE is consistent with the design approach commonly used by the US Army Corps of Engineers (USACE) where the "advanced renourishment" is intended to address erosion rates throughout the proposed design life of the project. 3. The design approach is fundamentally sound and appropriate based on the review of the data, documents, design drawings and reports as prepared and provided by CPE. 4. The beach fill template is appropriate to meet the design criteria based on Atkins' assessment of the design and experience monitoring the project areas since 2006. The differences between the 2006 unmodified template volumes compared to the 2013 template volumes are attributed to adjustments based on the annual beach monitoring results and the measurement of erosion rates before and after the 2006 renourishment. Staff is recommending incorporating these adjusted volumes into the 2013 design. Should the Board wish to stay within the 2006 template, staff wants to make sure that the board is aware that the locations with higher erosion rates may require interim renourishment. This differential is predominately located south of Doctors Pass. This area has experienced severe erosion since 2006 and required a $1,500,000 emergency renourishment in 2010. Staff has designed a six (6) year design life for this area. This design life can be reduced if interim renourishments are planned. 2. Bid Form and Bidding Approach • Based on the 419,120 CY's sand volume quantity verification by Atkins and the scope managed potential of this project when overall funding is identified, staff is recommending a simplified bid format similar to the successful bidding approach February 25,2013 New Business 7-c 3 of 74 used for the last renourishment in 2005/06. An overall project target volume of 375,000 CY's would be established with pricing by beach segment remaining unchanged for an "actual volume placed" ranging between 250,000 CY's - 500,000 CY's. Additionally, truck haul and dredging pricing would be solicited. This approach is more in line with industry standards and will simplify an already complicated bid form and eliminate confusion. This is intended to lead to lower pricing and preserve the volume and price flexibility that the commission directed. It will also allow a downward adjustment if funding is unavailable or an upward adjustment if an entity such a Pelican Bay wishes to add additional sand volume. A proposed bid form is listed as Attachment 2 to this Executive Summary. • As indicated in previous Board discussion, staff believes and the industry has confirmed that significant cost savings can occur if fixed renourishment costs can be shared with other municipalities that are conducting renourishment with complementary schedules. The City of Longboat Key and the Captiva Erosion Control District are conducting renourishments that appear to complement Collier County schedule. Both these municipalities have expressed interest in working with Collier County to develop an approach to benefit from fixed cost savings . without compromising Collier's schedule or our direct contracting approach. If directed, staff will explore these opportunities and bring recommendations back to the Board. FISCAL IMPACT: Regardless of the final design volumes or bid format, this project will be scope managed to meet the available project funds in Tourist Development Council Fund 195 to complete this work. As indicated on the bid form, Collier County can change the volume by reach +/- 33% with no change in unit costs. The total volume range is 250,000 CY's to 500,000 CY's with a target bid volume of 375,000 CY's. GROWTH MANAGEMENT IMPACT: No impact to the growth management plan would result from this Board action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 6 to 1 vote. This item will be presented to the Tourist Development Council (TDC) on February 25, 2013 with results communicated to the BCC via written memorandum. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: Recommendation to approve the Atkins North America peer review of the Coastal Planning and L ngineering volume design for the 2013/14 beach renourishment project and approve the proposed project bid form and bidding approach or provide additional February 25,2013 New Business 7-c 4 of 74 final direction to the County Manager or his designee in order to expediently move forward with a bidding process. Prepared by: Gary McAlpin, Coastal Zone Management Attachments: A) Collier County Peer Review of Beach Renourishment Projects, January 2013 B) Proposed Bid form for the 2013/14 Beach Renourishment C) 2005/06 Bid Form D) Power Point Presentation February 25,2013 New Business 7-c 5 of 74 COLLIER COUNTY PEER REVIEW OF BEACH RENOURISHMENT DESIGN Prepared For: Collier County—Coastal Zone Management Department 2800 N.Horseshoe Drive Naples,Florida 34104 �� w? 1 S �h 6 ri,. j 3 3 �s,:'1' ,,yy ,,3„ ltd ,,its$ !�1prt/y , r.,:i ,'. 3 f�9 ,'.I�' ,x �,:rte. * ���� � Y v 4, -b «,k... .. °mss o-' , Prepared By: Atkins t Boy 4030 Wes Scout Boulevard, Suite 700 I N ATK Tampa,FL February 2013 February 25,2013 New Business 7-c 6 of 74 COLLIER COUNTY PEER REVIEW OF BEACH RENOURISHMENT DESIGN EXECUTIVE SUMMARY Atkins was tasked by Collier County Coastal Zone Management Department with the peer review of the County"s 2013 beach renourishment design developed by Coastal Planning & Engineering, Inc. (CPE). The review focuses upon the formulation of the currently proposed beach renourishment design project (2013 project) and its comparison to the project constructed in 2006 (2006 project). Atkins evaluates CPE"s design, design calculations, modeling results, and construction standards for the beach fill templates at Vanderbilt, Park Shore and Naples Beaches. Please note that Atkins was not tasked to develop a design analysis for the Vanderbilt, Park Shore, or Naples project areas nor is the currently proposed design a product of Atkins"design work. Atkins was tasked via scope and County staff to conduct a peer review of the proposed design as developed by CPE for merit and to ensure the design meets standard engineering practices and principles. Any concerns regarding the specifics of the design should be directed to the design engineer(CPE). Atkins" findings are presented herein. Per the County"s scope of work to Atkins the following deliverables are: 1) A detailed explanation of the total quantity of sand to be placed on the beach as part of the renourishment project: Based upon our review of the design matrix, design drawings and reports as prepared and provided by CPE, the total quantity of sand to be placed on the beach in 2013 per CPE"s approach is 419,120cy. This volume was independently evaluated by Atkins"volume calculation methods which yielded a volume of 387,395cy (within 10% of the volume by CPE). The taper volumes, areas at the end of the nourishment template segments, are predominantly where the variance exists between the CPE and Atkins volumes (see pages 5 —7 of section II.A.ii) 2) This will include plots of the beach profiles at each of the surveyed monuments showing the 2006—6 year design template and the computed quantity of sand necessary to restore the original 2006 — 6 year design template. (unmodified not including any inlet management projects): Appendix A contains plan view and profile plots at each of the surveyed monuments showing: (a) a comparison of the 2006 - 6 year design template (unmodified) and the 2013 beach fill template and (b) the computed fill density (cy/ft) of sand necessary to restore the original 2006—6 year design template (unmodified) and the 2013 beach fill template. As reflected in Table 5 (see pages 13 — 14 of section III.B) a total of 408,005cy would be required to rebuild the 2006 beach template as compared to the 419,120cy as calculated by CPE for the 2013 beach fill template. 3) A table will be provided identifying the amount of sand to be placed throughout the project area at each profile, for each of the 3 areas: The Comparative Volumetric Summary Table in Appendix B identifies the amount of sand to be placed at each profile for each segment of the project(Vanderbilt, Park Shore&Naples). 4) Any and all assumptions shall be listed to explain how much sand is proposed and specifically where it is proposed to be placed as part of the 2006— 6 year design template in each of the project areas: The assumptions are listed in CPE"s Design Matrix under Special Adjustments and include taper sections, minimum fill densities, and additional volumes needed based upon modeling. The methodology used by CPE to determine the ATKINS February 25, 2013 New Business 7-c 7 of 74 design life of the 2013 project (design matrix, advanced nourishment, and special adjustments)was the same method used in 2006, and that project achieved its design life. 5) Figures will confirm and show any differences on the profile if the new project fill differs from the unmodified 2006— 6 year design template. The memorandum will explain why there are differences, if any, based on the review of the referenced documents: Figures 3 & 4 in the report are examples of the profile comparisons in Appendix A detailing variations in the 2006 — 6 year design template and 2013 beach fill template design. Differences in the 2013 design and the 2006 design can be assigned to one of the following four categories: • Project length • Design template geometry • Dune crest and berm crest elevations • Fill densities The differences can each be attributed to the following elements of the design approach utilized by CPE: • Composite erosion rates (project length and fill densities) • Post-construction monitoring (design template geometry) • "Whole number" elevations for ease of construction (dune crest and berm crest elevations. The CPE Design Matrix is an engineering analysis that consists of calculations to determine total beach fill volume based on the minimum beach width, erosion rates, advanced placement of fill material, special adjustments and the 6 year project design life. Atkins calculated volumes for the 2013 project using the "average end area" methodology utilizing (a) XYZ coordinates provided by CPE; and (b) effective distances identified in the Design Matrix. Atkins modified the effective distances for the tapers in CPE"s Design Matrix based on the design drawings. The differences between the design drawing volumes as calculated by Atkins and the CPE Design Matrix volumes are: • Atkins"volume calculation is 387,395cy and • CPE"s Design Matrix volume calculation is 419,120cy. The 2013 project volumes calculated by Atkins are 31,725cy less than the Design Matrix volume (see Table 3 and Appendix B). To further verify volume calculations, Atkins used (a) a separate "average end area" volume calculation and (b) a "surface to surface" comparison in AutoCAD Civil3D. Both methods supported the volume as calculated by Atkins. The difference in volumes is within 10% of the total volume of the project and due to engineering judgement exercised by CPE to increase the volumes in the taper sections. The proposed 2013 beach nourishment project has less total volume than the 2006 project (667,000cy), because the total project length was reduced from 44,378 ft. (8.4 mi.) to 24,616 ft. (4.7 mi.) based on need and past project performance. The total project length has been reduced and consequently less volume is being placed. The 2013 project does have a slightly higher fill density (15.7 cy/ft in 2013 to 15.0 cy/ft in 2006) meaning slightly more volume will be placed per linear foot of beach. This is due to subtle differences in the project areal extent and profile geometry. R-44, and R-58A through T-62 required fill beyond the 2006 template in order to ATKINS February 25,2013 New Business 7-c 8 of 74 address hotspots that were identified through yearly monitoring. The additional fill required based on the design matrix at R-59 increases the potential for impact to nearshore hardbottom per the equilibrium toe of fill analysis, but based on our review of the 2006 project performance this area is not expected to cause impact. The design criteria necessitates (a) a minimum design beach for a period of six (6) years and (b) no impact to nearshore hardbottom. The design approach utilized by CPE is a) consistent with the design approach commonly used by the U.S. Army Corps of Engineers (USACE) where the "advanced nourishment" is intended to address erosion rates throughout the proposed design life of a project; and, b) fundamentally sound and appropriate based upon our review of the data, documents, design drawings, and reports as prepared and provided by CPE. The 2013 beach fill template proposed by CPE is appropriate to meet these criteria based upon Atkins"assessment of the design and our experience monitoring the project areas since 2006. ATKINS February 25,2013 New Business 7-c 9 of 74 COLLIER COUNTY PEER REVIEW OF BEACH NOURISHMENT DESIGN TABLE OF CONTENTS I. INTRODUCTION 1 II. ENGINEERING DESIGN REVIEW 4 a. FILL VOLUMES 4 i. Design Matrix 4 ii. Design Drawings 5 b. MODELING RESULTS 7 c. CONSTRUCTION METHODS 7 d. EVALUATION OF PROJECT PERFORMANCE 8 i. Design Life 8 ii. Avoidance of Hardbottom 8 III. PROJECT COMPARISONS—2013 vs. 2006 11 a. 2013 PROJECT 11 b. 2006 PROJECT 12 c. COMPARISON SUMMARY 13 IV. DESIGN APPROACH EVALUATION 19 V. REFERENCES 22 ATKINS February 25, 2013 New Business 7-c 10 of 74 LIST OF FIGURES Figure 1.Vanderbilt,Pelican Bay,Park Shore,and Naples Beach Location Map 3 Figure 2. Example of Equilibrium Profile at R-59 derived from CPE drawing 9 Figure 3. Comparative Profile at T-62 15 Figure 4. Comparative Profile at R-28 16 Figure 5.Vanderbilt comparative plots of design volumes for 2006 design and 2013 design 18 Figure 6.Park Shore comparative plots of design volumes for 2006 design and 2013 design 18 Figure 7.Naples comparative plots of design volumes for 2006 design and 2013 design 19 LIST OF TABLES Table 1. Summary of 2013 Project Design,CPE Volume Summary 2 Table 2.2013 Project Design,Atkins Volume Summary 2 Table 3.Comparison Summary of Design Matrix Volumes and Design Drawing Volumes 7 Table 4.Comparison of 2013 Project Design Matrix and Design Drawing Volumes 12 Table 5.Summary of 2006 Project Volumes 12 Table 6. Comparison of 2006 design volume to 2013 design volume with 2013 project extents 17 LIST OF APPENDICES Appendix A -Plan View and Comparative Profiles Appendix B—Comparative Volumetric Summary Table Appendix C—Glossary of Terms ATKINS February 25,2013 New Business 7-c 11 of 74 COLLIER COUNTY PEER REVIEW OF BEACH RENOURISHMENT DESIGN I. INTRODUCTION The purpose of this report is to provide an independent engineering review of the beach renourishment design as currently proposed for the following areas, as shown in Figure 1: • Vanderbilt • Park Shore; and • Naples Beach Please note that Atkins was not tasked to develop a design analysis for the Vanderbilt, Park Shore, or Naples project areas nor is the currently proposed design a product of Atkins"design work. Atkins was tasked via scope and County staff request to conduct a peer review of the proposed design as developed by CPE for merit and to ensure the design meets standard engineering practices and principles. Any concerns regarding the specifics of the design should be directed to the design engineer (CPE). Atkins" findings are presented herein. The review (a) focuses upon the formulation of the currently proposed beach renourishment design (2013 project) and its comparison to the project constructed in 2006 (2006 project) and (b) evaluates the design drawings, calculations, modeling results, and construction standards as identified/provided by Coastal Planning and Engineering, Inc. (CPE). The following documents/files/reports were used for this peer review analysis: • "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary", November 2012 - prepared by CPE • "Collier County Conceptual Renourishment Project Analysis", October 2011 — prepared by CPE • "Collier County Beach Renourishment Project Three Year Post-Construction Monitoring Report", September 2009—prepared by CPE • "Collier County Beach Renourishment Project" Permit Sketches, November 11, 2012 (Adobe pdf and AutoCAD file formats)—prepared by CPE • 2006 project and 2013 project design template coordinates XYZ format — provided by CPE The 2013 design is intended to maintain a specific minimum design beach width for a period of six (6) years while maintaining "no impact to nearshore hardbottom". The minimum design beach widths are identified by CPE (2012) as the following distances measured from "a landward baseline at the existing seawalls or edge of vegetation" to the Mean High Water Line (MHWL,+0.33ft NAVD88): • Vanderbilt: 100 feet • Park Shore: 85 feet • Naples Beach: 100 feet 1 February 25,2013 New Business 7-c 12 of 74 The minimum design beach width criteria establish the landward-most location to which the MHWL may erode. For clarity, the phrase ,advanced nourishment"will be used throughout this report when referring to fill placed seaward of the minimum design beach width. The advanced nourishment method, was developed by the U.S. Army Corps of Engineers (USACE) and is the industry standard design approach for determining beach fill placement volumes. Table 1 shows the volume calculations conducted by CPE, the 2013 project design proposes: (a) 59,724 cy for Vanderbilt, (b) Ocy (No Fill) for Pelican Bay, (c) 118,247 cy for Park Shore, and (d) 241,149 cy for Naples Beach. Table 1. Summary of 2013 Project Design,CPE Volume Summary Length Reach R-Monuments CPE Volumes (FT) (MILES) (CY/FT) (CV) Vanderbilt R-25+500 to R-30+500 5,082 1.0 11.75 59,724 Pelican Bay - 0 0.0 0.00 0 R-43+600 to R47+500 Park Shore T-50 to R-54+400 8,914 1.7 13.27 118,247 R58A-400 to R-64+500 Naples Beach R-68+200 to R-72+600 10,620 2.0 22.71 241,149 Total: 24,616 4.7 17.03 419,120 As reflected in Table 2 below, and per volume calculations conducted by Atkins using data provided by CPE, the 2013 project design proposes: (a) 59,156 cy for Vanderbilt, (b) Ocy (No Fill) for Pelican Bay, (c) 121,074 cy for Park Shore, and (d) 207,165 cy for Naples Beach. Table 2. 2013 Project Design, Atkins Volume Summary Reach R-Monuments Length Atkins Volumes (FT) (MILES) (CY/FT) (CY) Vanderbilt R-25+500 to R-30+500 5,082 1.0 11.64 59,156 Pelican Bay - 0 0.0 0.00 0 R-43+600 to R47+500 Park Shore T-50 to R-54+400 8,914 1.7 13.58 121,074 R58A-400 to R-64+500 Naples Beach R-68+200 to R-72+600 10,620 2.0 19.51 207,165 Total: 24,616 4.7 15.74 387,395 2 February 25,2013 New Business 7-c 13 of 74 Figure 1. Vanderbilt,Pelican Bay,Park Shore, and Naples Beach Location Map • BAREFOOT BEACH tlit,t * AVOWS PASS L. . TALLAHASSEE JACKSONVILLE .., 1/71., .0. DR NOR WIWI' PROJECT— STATE PARK I...?S LOCATION N., AMPA ORLANDO ATLANTIC ..., OCiAN ,„,..„„. , HENDRY 00 N, BCCA LEE 1, RATON VANDERBILT CO 5 -.'l .......- MINA VA N Do 73 ell BEACH 1LT glk '-- -. r N MOM — 44 .1, R ■ ------- OtI4F MONROE CO MEXICO _ OF .. \ I ') MEXICO lil 0, ..v.. PELICAN BAY 1 1 \ \ \ PARK SHORE \ CLAM PASS fill° I ,i t SR 8916 \ \ \ 0 PERIATTED II N%WOO N 600.CC0 / F4PELINE. 0 / CORRIDOR _,,, / L )7 i 0 PARK SHORE i , I i PROrOSED --7 - le i 1? \ iPIPELIN E COPRIFX:',R DOGri 'PA1 S5 , 4 i 20' CCNTOUR . —..._ 4 i . , , ,,,, 4 7-4 t , ____,,NAPLES SR BM N 6*.000a 1 NAPLES //' -,- _ 7 ---- 1-"Iiii N KM .0, ''''''. 'rek .._. ''''''.., • SR 84 _,....-- ) ..,. LEGEND' ,.; " i ..- —- PERMITTED PIPELINE CORRIDOR \.. scasarsoza... PROPOSED PIPELINE CORRIDOR \ 7 L I PROJECT LIMITS r\* 2 PRO 2 POSED Fiu,AREAS GULF . PnoosromEARsnont OPER AREAS EAS OF 1\ 4).) ' r so EBN PERMITTED OFFSHORE MEk7C0 OPERATIONAL AREAS If ; T ROYAL LI,R70 FOEP MONUMFBITS \ tiORCION PASS \ 1. coortnINATTS ARE IN rEct =. \ sasEo oti F WRIOA S TALE S PLANE COORDINATE SYSTEM /!!!!144CColimmtr\\ EASE ZONE,PVC/RD.!AkERICAR 'le V °ATOM OF 1,48.11NADm,, \, ■ , ,S L. GRIPHIC SCALE 1N FT N 2 FILL WIDTHS ARE MOT TO SCALE, „............. (CPE, 2012) 3 February 25,2013 New Business 7-c 14 of 74 II. ENGINEERING DESIGN REVIEW A. FILL VOLUMES i. Design Matrix As identified in the November 2012 "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary" prepared by CPE "the method used to determine fill volumes is based on beach width, erosion rates, hardbottom, and design life." Development of the total design volume can be placed in the following categories: • Volume required to achieve minimum design beach • Advanced Nourishment —Volume required to maintain the minimum design beach for a period of six (6)years, based on composite erosion rates specific to each R-Monument. • Volume required to address projected future erosion from the date of the August 2012 survey to the 2013 construction timeframe. • Special Adjustments for taper sections, minimum fill densities, and additional volumes needed based upon modeling. Simple geometry, composite erosion rates, and engineering judgment were used to define specific volumes for each of the categories above. Volume -Minimum Design Beach The following equation was used by CPE to determine the volume (Vol) required to achieve the minimum design beach: Vol =w(B +h )deff Where: w=distance between 2012 MHWL and the minimum design beach width (ft) B =berm height (+4.0ft NAVD88) h*=absolute value of the depth of closure elevation (-11.3ft NAVD) deff= effective alongshore distance (ft) As reflected in Appendix E (Design Matrix) of the November 2012 "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary", prepared by CPE, the total volume required to achieve the minimum design beach is 119,303 cubic yards. According to the Design Matrix, of the 24 R-Monument profiles within the 2013 project area, only 10 of the profiles violate the minimum design beach width according to the location of the 2012 MHWL. These ten profiles are identified as hotspots that additional fill material would be required to meet the design criteria. Volumes -Advanced Nourishment and Future Erosion The development of the advanced nourishment volume by CPE, as reflected in the Design Matrix, is generally consistent with the design approach commonly used by the U.S. Army Corps of Engineers (USACE) where the "advanced nourishment" is intended to address erosion rates throughout the proposed design life of a project. The volumes required for advanced nourishment were based upon long-term annualized erosion rates developed by CPE for the periods from: 4 February 25,2013 New Business 7-c 15 of 74 • 1996 to 2004; and • 2006 to 2012 The 2005 erosion rate was not included because it was the year of the nourishment project. More recent maintenance nourishment events were included in the composite erosion rate. Relative to "Future Erosion", CPE"s Design Matrix incorporated erosion for 2012 to 2013 in anticipation of project construction during the summer of 2013. It was noted that erosion for 2012 to 2013 utilized an erosion rate 25%greater than the composite erosion rate. CPE indicated that the erosion for 2012 to 2013 is based upon the annualized composite erosion rate assuming it would take 1 year and 3 months from the time of the last survey(August 2012)until construction (November 2013). Volumes—Special Adjustments Special adjustment volumes account for (a) a minimum fill density of 10 cy/ft, (b) additional volumes based upon modeling, and (c) taper sections. It is a commonly accepted practice for engineers to utilize experience and judgment to adjust design volumes as they deem appropriate, as reflected in the special adjustments calculated by CPE. Doctors Pass Inlet Management Plan (IMP) It should be noted that affects of bypassing at Doctors Pass were accounted for in CPE"s Design Matrix at R-58A and R-58. The Doctor"s Pass Inlet Management Plan was based upon the Tackney Report in 1994 and accepted by DEP in 1997. The report indicates 30,000 cubic yards of material would need to be by-passed from dredging of the navigation channel and ebb tidal shoal every three years (10,000 cy/yr avg.) and placed upon the beaches, in the area of greatest need, south of Doctors Pass. The methodology utilized in the Design Matrix to define preliminary project volumes is considered wholly acceptable and appropriate. ii. Design Drawings Design drawings were developed by CPE using the Design Matrix as a basis for development of beach fill design templates. The data for the design drawings prepared by CPE was provided to Atkins in XYZ coordinate format. Atkins calculated volumes for the 2013 project using the "average end area" methodology utilizing (a) XYZ coordinates provided by CPE; and (b) effective distances identified in the Design Matrix. Please note that Atkins modified the effective distances for the tapers in the project areas when calculating the volumes based on the design drawings. As reflected in Table 3 below for the project area: • Atkins"volume calculation is 387,395cy and • CPE"s Design Matrix volume calculation is 419,120cy. Although CPE also used the "average end area"methodology to calculate volumes as reflected in the Design Matrix, the distinction between Atkins volume calculations and CPE"s volume 5 February 25,2013 New Business 7-c 16 of 74 calculations is in the approach to calculating the taper volumes. CPE used engineering judgement and knowledge gained from the design and performance of the previous project to determine the taper volume required. A comparative summary of the volumes as calculated by Atkins and the Design Matrix volumes as prepared by CPE can be found in Appendix B. To further verify volume calculations, Atkins used (a) a separate "average end area" volume calculation and (b) a "surface to surface" comparison in AutoCAD Civil3D. Both methods supported the volume as calculated by Atkins. Please note that the 2013 project volumes calculated by Atkins are 31,725cy less than the Design Matrix volume (see Table 3 and Appendix B). The differences between the design drawing volumes as calculated by Atkins and the CPE Design Matrix volumes appear to be: • differences in approaches used to calculate taper volumes, • differences in design drawing and design template fill densities, and • a result of reduced fill templates at specific locations where nearshore hardbottom had the potential to be impacted. The following differences in the design volumes have been noted based on the comparison between the Design Matrix and the design drawing volumes calculated by Atkins: • Vanderbilt—568cy reduction • Park Shore—2,827cy reduction • Naples Beach—33,984cy reduction Although there is a difference between Atkins"and CPE"s volume calculations of approximately 31,725cy it should be noted that: • this volume accounts for less than 10%of the total project volume and • additional changes in volumes are expected to occur based upon: • changes in beach conditions throughout the project area prior to construction and • potential revisions to the project design that may occur during the permitting process. 6 February 25,2013 New Business 7-c 17 of 74 Table 3. Comparison Summary of Design Matrix Volumes and Design Drawing Volumes Design Volume Reach R-Monuments Length CPE Matrix") Atkins Volumes") (FT) (MILES) (CY/FT) (CY) (CY/FT) (CY) Vanderbilt R-25+500 to R-30+500 5,082 1.0 11.75 59,724 11.64 59,156 Pelican Bay - 0 0.0 0.00 0 0.00 0 R-43+600 to R47+500 Park Shore T-50 to R-54+400 8,914 1.7 13.27 118,247 13.58 121,074 R58A-400 to R-64+500 Naples Beach R-68+200 to R-72+600 10,620 2.0 22.71 241,149 20.23 214,794 Total: 24,616 4.7 17.03 419,120 15.74 387,395 Notes: (1)Derived from CPE 2012"Design Matrix for 6-Year Renourishment Interval"in Appendix E of the"Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary" (2)Volumes derived by Atkins utilizing point files,elevations,and drawings provided by CP&E B. MODELING RESULTS As reflected in the October 2011 "Collier County Conceptual Renourishment Project Analysis — Numerical Modeling Report" prepared by CPE, extensive modeling was conducted to evaluate multiple alternatives and their effects on nearshore waves, hydrodynamic flow, and alongshore shoreline change. CPE modeled 11 design alternatives using the Delft 3D-WAVE software to conduct a detailed wave investigation. The results of the wave investigation were then used to drive both the Delft3D-FLOW (hydrodynamic flow) and UNIBEST-CL+ (alongshore shoreline change) models. It was noted that although 11 design alternatives were evaluated during the modeling effort, none of the design alternatives were the 2013 project design because after the modeling phase was complete the design parameters were changed. The modeling alternative to rebuild the 2006 project (referred to as Alternative 1 in the CPE modeling report) most closely matches the 2013 project design. In some cases, during the design process, intensive numerical modeling is conducted early in the design process for preliminary design alternatives. Changes to the actual design may occur following completion of the numerical modeling for a variety of reasons. These reasons may be, but are not limited to, results of the modeling, potential impacts to environmental resources, changes to the project objectives, and design criteria. This appears to be the case for the modeling efforts conducted by CPE. The data, methods, and approach are reasonable and acceptable based on our review of the modeling conducted by CPE. C. CONSTRUCTION METHODS As reflected in the November 2012 "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary" prepared by CPE, an evaluation of potential construction methodologies was conducted. It was noted that the 2013 project is proposing the 7 February 25,2013 New Business 7-c 18 of 74 option of the use of either an offshore sand source or an upland sand source to construct the project. Given our experience with previous fill projects that were permitted and bid to allow the use of an offshore sand source or an upland sand source, this allowance can facilitate ,competitive bidding" between dredge contractors and contractors proposing the use of upland sand. This approach is considered appropriate and favorable due to the extensive distance between the project areas and the offshore borrow area. D. EVALUATION OF PROJECT PERFORMANCE i. Design Life The design life for the 2013 project is six (6) years, as reflected in November 2012 "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary", prepared by CPE. An evaluation of the proposed six (6) year design life indicates that the project will likely meet and potentially exceed expectations. As identified in the Design Matrix section above, CPE developed and utilized long-term annualized erosion rates to determine the volume required to maintain the minimum design beach width for a period of six (6)years. The approach used by CPE to identify the long-term annualized erosion rate is considered an acceptable approach. The use of the long-term annualized erosion rate is expected to "dampen" the signature of volume change anomalies associated with storm events, small scale maintenance nourishment events, or other unusual changes in sediment transport trends throughout the project area. The methodology used by CPE to determine the design life of the 2013 project (design matrix, advanced nourishment, and special adjustments) was the same method used in 2006, and that project achieved its design life. ii. Avoidance of Hardbottom As noted in the Introduction of this report, a primary requirement of the design is no impact to nearshore hardbottom. Impact to hardbottom can be characterized as direct burial of nearshore hardbottom attributable to the placement of fill material. Assessment of potential hardbottom impacts is generally predicted utilizing the "cross-shore adjustment" of fill material known as "equilibration". Equilibration occurs when fill material placed within the design template "adjusts" and some of the fill material migrates seaward of the constructed template. Material erodes from the upper portion of the fill template and accretes at the lower portion of the profile. The seaward extent which the fill is projected to migrate is identified as the predicted equilibrium toe of fill (ETOF). The location of the predicted ETOF is then compared to the landward edge of hardbottom. If the predicted ETOF is seaward of the landward edge of hardbottom then there is a potential for impacts to hardbottom resources to occur. 8 February 25,2013 New Business 7-c 19 of 74 An example of the equilibration of a design template is reflected in Figure 2 below. Figure 2 contains a profile derived from CPE permit sketches, dated November 9, 2012, at R-59 which identifies: • Erosional portion of the design template • Accretional portion of the profile • Equilibrium toe of fill; and, • Landward edge of hardbottom There are numerous methodologies that can be applied to develop an equilibrium profile. Appropriate methodologies are generally selected via "engineering judgment" as each project site has unique factors and characteristics that affect how the fill material might equilibrate. Some of the factors include, but are not limited to, a) borrow source grain size distribution, b) project site bathymetry; and, c) nearshore wave climate. Figure 2. Example of Equilibrium Profile at R-59 derived from CPE drawing R-59 _ - ?:... ,T E °TI — ---- i '.',.I I , . 8 1..t_ H _ 1 ' r I.3..'1 la„ I Equilibrium Toe of Fill Erosion , a - Landward Edge of /Hardbottom Accretion 07, I ( I I I I 'ri Hi- The equilibrium profile methodology applied by CPE for the 2013 project is known as the "profile translation" method. The profile translation method is generally used when (a) a project is a "renourishment" project utilizing the same borrow source as was used for the previous project or (b) the borrow source has a similar grain size distribution as that of the existing beach. 9 February 25,2013 New Business 7-c 20 of 74 It is assumed that the fill material will assume a similar shape to that of the existing beach or a historical profile which has been deemed to represent an appropriate equilibrium profile shape within the project area. As part of their evaluation of the 2006 project performance and equilibration, CPE conducted the following comparisons: • The change in distance between the depth of closure (-11.3ft NAVD88) and observed ETOF (referred to as the "Point of Intercept" by CPE) for historical profiles to show a landward migration of the active profile, • The submerged length of the active historical profile (above depth of closure) to determine the most representative historical monitoring profile (determined to be 2011) to be used for the profile translation method; and, • The added beach width compared to the change in the depth of closure along historical profiles. When comparing the depth of closure and the observed ETOF CPE utilized "averaged" profiles to characterize each of the three reaches using a single profile for each reach. The associated profiles utilized to develop the"averaged" profiles are as follows: • Vanderbilt—R-24 to R-28 • Park Shore—R-50 to R-53 • Naples Beach—R-58 to R-60 The purpose of this comparison was to show that: • The 2006 project fill remained well landward of the depth of closure and • Even with added beach width, the average profiles reflect a landward recession of the depth of closure indicating a steepening of the profile. The submerged lengths of the monitoring profiles were evaluated for all monitoring years from 2006 to 2012 "to identify the most characteristic dataset" to be utilized by CPE to develop the equilibrium profile via the profile translation method. Please note that CPE deemed the 2011 survey data as the most characteristic data for the following reasons: • A sufficient amount of time has passed since initial construction to allow for equilibration of the 2006 project. • The 2011 submerged active profile lengths were near average. • The 2011 surveys did not appear to be influenced by storm events. CPE selected the 2011 profile as the most appropriate for the profile translation, and then utilized a "mass balance" to determine the cross-shore location of the equilibrium profile. This is achieved by „sliding"the equilibrium profile landward or seaward along the existing profile until the total volume of material between the equilibrium profile and the existing profile matches the volume within the 2013 design template. 10 February 25,2013 New Business 7-c 21 of 74 At certain R-Monuments within the 2013 project area the predicted ETOF extends close to the landward edge of hardbottom. This prompted a comparison of the 2006 and the 2013 project templates at these R-Monuments. Because the 2006 project resulted in no documented hardbottom impacts, and the 2013 project will be using a sand source with similar grain size and soil characteristics as the 2006 project, it may be expected that a similar template for the 2013 project will likely result in no impact. Please note the following R-Monuments and qualitative comparisons of the 2013 templates to the 2006 templates: • R-28—Less fill proposed • R-46—Less fill proposed • R-51 —Similar amount of fill • R-53—Less fill proposed • R-59—Significantly more fill proposed Based on the qualitative assessment of fill volumes, it appears that all profiles, except R-59, will not likely result in impact. Relative to R-59, it is recommended that further evaluation of the potential impacts to hardbottom be conducted in order to address concerns from Florida Department of Environmental Protection (FDEP) about hardbottom impacts at this location. III. PROJECT COMPARISONS—2013 vs.2006 This section of the report will provide a: • detailed explanation of the total quantity of sand to be placed as part of the 2013 renourishment; and • comparison of the (a) 2013 project Design Matrix and design drawings and (b) 2006 project design. A. 2013 PROJECT The 2013 project, as calculated by Atkins using data provided by CPE identifies a total volume of 387,395 cy over 4.7 miles of beach which will result in an average fill density of approximately 15.7 cy/ft. As identified in the Design Matrix and in the FDEP permit application file, the total volume, as calculated by CPE, is 419,120 cy. A comparison of these volumes is presented in Table 3 below. As discussed in previous sections, the Design Matrix volumes are based upon composite erosion rates and the 6 year project design life. The fill quantities from the Design Matrix appear to have been modified at specific R-Monuments throughout the project area to maintain a "no impact to the nearshore hardbottom" design. This resulted in a further reduction in fill volumes at specific profile locations throughout the project area. Additionally, taper volume calculations in the Design Matrix appear to be based on engineering judgment. 11 February 25, 2013 New Business 7-c 22 of 74 Table 4. Comparison of 2013 Project Design Matrix and Design Drawing Volumes Design Volume Reach R-Monuments Le (1) Matrixt11 Atkins Volumes(2) Difference (FT) (MILES) (CY/FT) (CY) (CY/FT) (CV) (CY/FT) (CY) Vanderbilt R-25+500 to R-30+500 5,082 1.0 11.75 59,724 11.64 59,156 0.11 568 Pelican Bay - 0 0.0 0.00 0 0.00 0 0.00 0 R-43+600 to R47+500 Park Shore T-50 to R-54+400 8,914 1.7 13.27 118,247 13.58 121,074 -0.32 -2,827 R58A-400 to R-64+500 Naples Beach R-68+200 to R-72+600 10,620 2.0 22.71 241,149 19.51 207,165 3.20 33,984 Total: 24,616 4.7 17.03 419,120 15.74 387,395 1.29 31,725 Notes: (1)Derived from CP&E 2012"Design Matrix for 6-Year Renourishment Interval" in Appendix E of the"Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary" (2)Volumes derived by Atkins utilizing point files,elevations,and drawings provided by CP&E B. 2006 PROJECT The 2006 project volumes for the pre-construction (Sept/Nov 2005) to immediate post- construction (June 2006)were 667,562 cy over 8.4 miles of beach, which resulted in a placed fill density of about 15 cy/ft. An evaluation of the total volume of material required to rebuild the 2006 design on the 2012 surveys was also conducted. Table 5 below reflects that a total of 408,005cy of material would be required and would result in an average fill density of 9.19 cy/ft. Please note that: • Vanderbilt would require 78,430 cy • Pelican Bay would require 20,850 cy • Park Shore would require 117,810 cy • Naples Beach would require 190,915 cy The 408,005cy of sand required to rebuild the entire 2006 template is very close to the total volume determined by CPE"s design matrix for the 2013 beach fill project of 419,000cy. Table 5. Summary of 2006 Project Volumes Volume Length(2) (3) Reach R-Monuments As Built Rebuild on 2012 Surveys (FT) (MILES) (CY/FT) (CY) (CY/FT) (CY) Vanderbilt R-22 to R-31 8,798 1.7 13.81 121,487 8.91 78,430 Pelican Bay R-31 to R-37 6,102 1.2 9.33 56,955 3.42 20,850 Park Shore R-45 to R-55 10,543 2.0 13.44 141,739 11.17 117,810 Naples Beach_ R-58A to R-79 18,935 3.6 18.35 347,381 10.08 190,915 Total: 44,378 8.4 15.04 667,562 9.19 408,005 Notes: (2)Derived from CP&E 2012"Design Matrix for 6-Year Renourishment Interval"inAppendixEofthe "Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary" (3)Volumes derived by Atkins utilizing point files,elevations,and drawings provided by CP&E 12 February 25,2013 New Business 7-c 23 of 74 C. COMPARISON SUMMARY The overall differences between 2006 project and the 2013 design are as follows: • total project length • template geometry • dune crest and berm crest elevations • fill densities These differences are identified in the profiles within Appendix A and further explained below. It should be noted that none of the 2013 design templates are exactly the same as the 2006 design template. Total Project Length The total project length for the 2013 project is 4.7 miles while the 2006 project was 8.4 miles. This is a considerable difference in project length. The reduction in project length for the 2013 project is based on CPE`ss assessment of volumetric requirements to achieve the minimum design beach width, the 6-year design life, and maintain no impact to nearshore hardbottom. This assessment is reflected in CPE"s Design Matrix where specific locations within the 2006 project did not warrant fill placement based on volume of material remaining within the 2012 survey. Template Geometry The seaward berm slope of the 2013 design template below Mean Sea Level (MSL) is a I OH:1 V slope to existing grade while the 2006 design template reflects a 15H:1V slope down to existing grade. The 2006 template included a compound beach fill slope that transitioned from a 10H:1 V slope to a 15H:1 V slope at MSL. The 2013 slope keeps a consistent 10H:1 V beach fill slope for the entire lower portion of the profile. Relative to the difference in design template slopes below MSL, CPE indicated that during development of the 2006 design CPE utilized an approach to identify the expected slope of material below MSL. This was generally intended to account for adjustment of fill material below MSL that the contractor cannot control. CPE indicated that post-construction monitoring data from 2006 to 2012 reflected a slope below MSL of approximately 10H:1 V which resulted in the change reflected in the 2013 design templates. Dune Crest and Berm Crest Elevations As reflected in the profiles in Appendix A, the dune and berm crest elevations for the 2013 design template are 0.3 feet higher than that of the 2006 design template. It was also noted that the dune crest elevation for R-58A and R-58 is 1 foot higher than the dune crest elevation for all other 2013 design templates. Relative to the dune and berm crest elevations, CPE indicated that "the 0.3 feet was applied to allow for the inclusion of additional volume of sand without extending the template seaward and to result in "whole number" elevations in the NAVD88 vertical datum for ease of construction." 13 February 25,2013 New Business 7-c 24 of 74 Fill Densities Additional discussions regarding the differences in fill densities between the 2006 project and 2013 project are provided below. In the following sections, two separate comparisons are made between the 2006 project and the 2013 project. The two comparisons are: 1. A comparison of the total 2006 project to the 2013 project. 2. A comparison of the 2006 design templates within the 2013 project shoreline extents to the 2013 project. i. Comparison of Total 2006 Project to 2013 Project The 2006 project entailed placement of 667,562cy of material over 8.4 miles of beach, while the 2013 project proposes 387,395cy of material over 4.7 miles of beach. This is a 42% reduction in total volume and a 44% reduction in project length. This comparison of reduction in project volume and length from the 2006 project to the 2013 project indicates a very slight increase of fill densities from 15cy/ft for the 2006 project to 15.7cy/ft for the 2013 project. So the overall volume placed in 2013 will not be as much as in 2006, but slightly more volume will be placed per linear foot of beach. The increase in fill densities reflects a "larger" fill template at locations where fill is being proposed. However, it should be noted that there are locations where the 2013 fill template is a "smaller" fill template (Please see Appendix A). Figure 3 below shows a larger fill density at T- 62, which is in the Naples Beach reach. At T-62 the 2006 project required 8.9 cy/ft while the 2013 design proposes 18.0 cy/ft. However the seaward extent of the toe of slope of the 2013 fill template is in the same location as the 2006 fill template. So the extent of the fill area is the same in 2013 as it was in 2006, but the fill density is double that of the 2006 template. The 2013 template results in a wider beach and more sand placed on the "dry beach" above the MHWL. Please note the following regarding changes in fill densities from the total 2006 project to 2013 project: • Vanderbilt reflects a reduction of 2.2 cy/ft • Pelican Bay is not within the 2013 project area • Park Shore reflects a slight reduction of 0.7 cy/ft • Naples Beach reflects an increase of 1.9 cy/ft Modifications to the 2013 project volumes and fill densities as compared to the 2006 project can generally be attributed to the Design Matrix which utilized background erosion rates and special adjustments to define project volumes. 14 February 25,2013 New Business 7-c 25 of 74 Figure 3. Comparative Profile at T-62 T-62 PROFILE 2a- ... . .... .. -20 2006 BEACH FILL.TEMPLATE LANDWARD CREST EL.3.T(NAVD 88) 2013 BEACH FILL TEMPLATE LANDWARD CREST EL.4.0'(NAVD 88) 10- '2008 BEACH FILL TEMPLATE 10 SEAWARD CREST EL.2.7'(NAVD 88) m 9 '2013 BEACH FILL TEMPLATE 0 `SEAWARD CREST EL_.3.0'(NAVD 88) 0 0 Z w z u. -ia- -10 3 -20 -20 CROSS SECTIONAL VOLUME: MIN 2006(8:9 CUBIC YARDS) 2013(18.0 CUBIC YARDS) -30 ..... r_.... p.... .......... r-30 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 A comparison of the 2013 project and 2006 project in plan view and profile view (see Appendix A) indicates that the most noticeable difference in the plan view comparison between the two templates is the 2013 project does not cover as much linear feet of beach as the 2006 project. Areas that were nourished in 2006 but do not require the minimum 10 cy/ft fill density have been removed from the proposed 2013 project (except for taper sections). Please note that the minimum 10 cy/ft fill density is generally the minimum fill density under which a dredging contractor can effectively construct the fill template. The following areas are sections that a) cannot cost-effectively be filled or b) based on erosion rates have sufficient fill to maintain the minimum design beach for the next 6 years and have been removed from the 2013 project area: • Vanderbilt Beach north of R-25+500 • Pelican Bay and Clam Pass Beaches from R-31 to R-43 • Park Shore Beach from R-48 to T-50 • Naples Beach from R-65 to R-68, and R-73 to R-79 While these areas may not have sand placed directly in these locations as it was in 2006, the beach fill template will equilibrate and these areas may see benefit from longshore sand transport from the nourished areas. For the majority of the project the seaward limit (toe) of the 2013 beach fill template is landward of the 2006 design. The exceptions to this are found in the north taper of Park Shore near R-44 to R-45 and R-58A to T-62 in Naples Beach, which were 15 February 25,2013 New Business 7-c 26 of 74 identified as hotspots based upon the composite erosion rates within CPE"s Design Matrix and areas requiring significant amounts of additional fill beyond the 2006 design template. Some translation of the template was required to accommodate the fill densities calculated in the Design Matrix and to meet the minimum beach width requirements. As noted in previous sections, the 2006 template included a compound beach fill slope that transitioned from a l 0H:1 V slope to a 15H:1V slope at MSL. The 2013 slope keeps a consistent 10H:1 V beach fill slope for the entire lower portion of the profile. CPE changed the slope for the 2013 template after examining the beach profiles from the yearly monitoring efforts exhibited a 10:1 slope was prominent throughout the nourished area with the 2006 offshore sand source. Figure 4 shows the comparison between the 2013 and 2006 beach fill templates at R-28. Figure 4. Comparative Profile at R-28 R-28 PROFILE �� .... _n i 20 UPPER BERM le -T 5N:1V SLOPE 9 AP 10-)-__.jOWRBERM5 m _I .40-1-- 1 .. .. -20 ''''''' L ”. ,,,,,,t“ _ i .20 a -30 --._._ __ - gry 0+00 2+00 4+00 8+00 8+00 10+00 12+00 14+00 LEGEN ___EXISTING GROUND _—MEAN NIGH WATER(0.33'NAVD88) ---2008 DESIGN BEACH FILL TEMPLATE - -MEAN LOW WATER(1.88 NAVDS8) —2013 DESIGN BEACH FILL TEMPLATE "Nov.NARDBOTTOM LANDWARD LIMIT ii. Comparison of 2006 Design Templates within 2013 Project Shoreline to 2013 Project A direct comparison of the 2006 design template to the 2013 design template within the current proposed project shoreline indicates that the 2013 design proposes an additional 66,679cy beyond that of the 2006 project (see Table 6 below). It should be noted that in order to conduct this comparison, it was assumed that the 2006 design utilized the same taper lengths as reflected in the 2013 design because the 2006 design covered a different shoreline extent. 16 February 25,2013 New Business 7-c 27 of 74 Table 6. Comparison of 2006 design volume to 2013 design volume with 2013 project extents Volume Length(1) Reach R-Monuments 2006 Designitl 2013 Designttl Difference (FT) (MILES) (CY/FT) (CY) (CY/FT) (CY) (CY/FT) (CY) Vanderbilt R-25+500 to R-30+500 5,082 1.0 13.6 69,261 11.6 59,156 -2.0 -10,105 Pelican Bay - 0 0.0 0 R-43+600 to R47+500 Park Shore T-50 to R-54+400 8,914 1.7 12.1 107,567 13.6 121,074 1.5 13,507 R58A-400 to R-64+500 Naples Beach R-68+200 to R-72+600 10,620 2.0 13.5 143,888 19.5 207,165 6.0 63,277 Total: 24,616 4.7 13.03 320,716 15.74 387,395 2.71 66,679 Notes:(I)Volumes derived by Atkins utilizing XYZ point files,elevations,and drawings provided by CP&E Figures 5 through 7 show comparative plots of the volumes required to fill the 2006 design and 2013 design for each of the three project areas—Vanderbilt, Park Shore, and Naples Beach. Relative to the comparative plots reflected in Figures 5 through 7, note the following: • Areas shaded in red reflect regions within the project area where the 2006 design template would require more volume than the 2013 design template. • Areas shaded in blue reflect regions within the project area where the 2013 design template would require more volume than the 2006 design template. • The composite erosion represents the total volume of erosion represented by CPE"s composite erosion rates based on the 6-year design life. • The "Net Volume Difference" is the 2006 design volume subtracted from 2013 design volume The direct comparison of the 2006 design template to the 2013 design template within the current proposed project extents indicates that the 2013 design proposes: • 10,105cy less than the 2006 design along Vanderbilt • 13,507cy more than the 2006 design along Park Shore • 63,277cy more than the 2006 design along Naples. As indicated in previous sections, the volumetric differences between the 2006 project and the 2013 project can be attributed to the use of composite erosion rates which were, in turn, utilized to develop the volume required to achieve a 6-year design life of the proposed project. This explains why in some locations throughout the 2006 project area: • no fill is proposed, • less fill is proposed than the 2006 design template, and • more fill is proposed than the 2006 design template. 17 February 25, 2013 New Business 7-c 28 of 74 Figure 5. Vanderbilt comparative plots of design volumes for 2006 design and 2013 design 15.000 r North Vanderbilt South E— (2013 Project Area) —� 4 Y 15.00 __..._.......... ._.......... _. _.._ 1 o 1 8 10000 ____. ........ .___._ 5.(00 _... . ... .__. ....._ _.. Net Volume Difference:-10,1O5CY V , R,25 R-26 Raper) 0 27 R 20 R-29 R-30(TSRer{ 5-31 R-Monument 2000\;alum«Greater than 2013 1111 2013 Volume Greater than 2006 —Cor polite erosion Figure 6. Park Shore comparative plots of design volumes for 2006 design and 2013 design 35.«0 , forth Park Shore } south " 1s (2013 Project Area) l 30.040 ' -. „..__.-,..._..... ... __. _,._,l V , "Gap" ; 25.000 .... ........-. ..............1..... .........._. 1...... ......__ _.__........... ...........,.. /s I I � I 1 1 '4 20.000 ..,_....._ 4, .......__._. k \5,440 i 1 1_._ kt- 1 1 I r I I 5.000 1ki I I - ..1,.+ .._ 1r 4 1 � , Net Volume Difference: t 13,507CY ' pu, p1 p, I 0 A0 \ b� ��\ y\ 0' . eq yb yR ess typ�a a a p�`nc �= c ''#� �r 4.0 hG`�,o e. Q �; �� R. � �"���pp P +(.' R' R-Monument 2006 VoiumeGreater than 2013 ill 2013 Volume Greater than 2006 —Composite Erasion 18 February 25,2013 New Business 7-c 29 of 74 Figure 7. Naples comparative plots of design volumes for 2006 design and 2013 design 50 004 ;.F ....�.....__._ _ __........._.... _ .____... ... .._....., ......_.._ _._...__. ..,...._.,.__ W_....._..m -�.._, .. _..__... North Naples South 43.600 < ._,_ -..(2013 Prcr}evt Area).— > 1 44400 t ..... ,,Gap„ 35 000 ,' � ,,j_.....,.,.._. ...,_____.... .. ...... I I 30.400 , -___ ......_. ..._.... i25400 '� ...�...........__. _.._...W_W_._. ..,..__... _.,,.�,,._ ....,_,...w,.,.,,_...�_._......... s F I ' I I 15000 's., -- ....__ ." ` . ., -I _..___. ._. '. _... _.. ., i e I 10 000 oeck. , 5000 ._. _� .�_.... .._..._....._........ ......_...._. e _. _.�._____ ..,_. _.... ..._......,.._. _.,_,_..... Net Volume Difference:+•63,277CY h��§qp4 c c'' ,4'. eye' *" *5°) �{'' w.P'ti w.yy'r ',,/ 6"a w,r 1-';' **,e�`./ p1a *•' . ∎I''e,� p A'' (P4 v e R-Monument • 20061,alume Greater than 2010 2013 Vafurna Greater than 2006 --Composite Ern IV. DESIGN APPROACH EVALUATION In order to evaluate the expected efficacy of the 2013 project design, Atkins evaluated CPE"s proposed design based on the following criteria: (a) minimum design beach for a period of six (6) years; (b) no impact to nearshore hardbottom. The overall design approach utilized by CPE is fundamentally sound and appropriate based upon our review of the data, documents, design drawings, and reports as prepared and provided by CPE. The design approach is also consistent with the design approach commonly used by the USACE where the "advanced nourishment" is intended to address erosion rates throughout the proposed design life of a project. Based upon our review of the design matrix, design drawings and reports as prepared and provided by CPE, the total quantity of sand to be placed on the beach in 2013 per CPE"s approach is 419,120cy. Atkins"verified using independent volume calculation methods which yielded a volume of 387,395cy (within 10% of the volume by CPE). Atkins calculated volumes for the 2013 project using the "average end area" methodology utilizing (a) XYZ coordinates provided by CPE; and (b) effective distances identified in the Design Matrix. Atkins modified 19 February 25,2013 New Business 7-c 30 of 74 the effective distances for the tapers in CPE"s Design Matrix based on the design drawings. The differences between the design drawing volumes as calculated by Atkins and the CPE Design Matrix volumes are: • Atkins"volume calculation is 387,395cy and • CPE"s Design Matrix volume calculation is 419,120cy. The 2013 project volumes calculated by Atkins are 31,725cy less than the Design Matrix volume (see Table 3 and Appendix B). To further verify volume calculations, Atkins used (a) a separate "average end area" volume calculation and (b) a "surface to surface" comparison in AutoCAD Civil3D. Both methods supported the volume as calculated by Atkins. The areas at the end of the nourishment template segments, or taper volumes, are predominantly where the variance exists between the CPE and Atkins volumes.The difference in volumes is within 10% of the total volume of the project and due to engineering judgement exercised by CPE to increase the volumes in the taper sections. The comparative profiles in Appendix A show the computed quantity of sand per linear foot required to rebuild the 2006 beach fill template and the amount proposed for the 2013 beach fill template. The Comparative Volumetric Summary in Appendix B indentifies the amount of sand to be placed at each profile for each segment of the project(Vanderbilt, Park Shore &Naples). The assumptions are listed in CPE"s Design Matrix under Special Adjustments and include taper sections, minimum fill densities, and additional volumes needed based upon modeling. The methodology used by CPE to determine the design life of the 2013 project (design matrix, advanced nourishment, and special adjustments) was the same method used in 2006, and that project achieved its design life. Figures 3 & 4 in the report are examples of the profile comparisons in Appendix A detailing variations in the 2006 and 2013 beach fill template design. The 2013 project does have a slightly higher fill density(15.7 cy/ft in 2013 to 15.0 cy/ft in 2006) meaning slightly more volume will be placed per linear foot of beach. R-44, and R-58A through T-62 required fill beyond the 2006 template in order to address hotspots that were identified through yearly monitoring reports. The additional fill required based on the design matrix at R- 59 increases the potential for impact to nearshore hardbottom per the equilibrium toe of fill analysis, but based on the 2006 project performance this concern is alleviated. The CPE Design Matrix is an engineering analysis that consists of calculations to determine total beach fill volume based on the minimum beach width, erosion rates, advanced placement of fill material, special adjustments and the 6 year project design life. The proposed 2013 beach nourishment project has less total volume than the 2006 project (667,000cy), because the total project length was reduced from 44,378 ft. (8.4 mi.) to 24,616 ft. (4.7 mi.) based on need and past project performance. The total project length has been reduced and consequently less volume is being placed. The 2013 project does have a slightly higher fill 20 February 25,2013 New Business 7-c 31 of 74 density (15.7 cy/ft in 2013 to 15.0 cy/ft in 2006) meaning slightly more volume will be placed per linear foot of beach. This is due to subtle differences in the project areal extent and profile geometry. R-44, and R-58A through T-62 required fill beyond the 2006 template in order to address hotspots that were identified through yearly monitoring. The additional fill required based on the design matrix at R-59 increases the potential for impact to nearshore hardbottom per the equilibrium toe of fill analysis, but based on our review of the 2006 project performance this area is not expected to cause impact. The design criteria necessitates (a) a minimum design beach for a period of six (6) years and (b) no impact to nearshore hardbottom. The design approach utilized by CPE is a) consistent with the design approach commonly used by the U.S. Army Corps of Engineers (USACE) where the "advanced nourishment" is intended to address erosion rates throughout the proposed design life of a project; and, b) fundamentally sound and appropriate based upon our review of the data, documents, design drawings, and reports as prepared and provided by CPE. The 2013 beach fill template proposed by CPE is appropriate to meet these criteria based upon Atkins"assessment of the design and our experience monitoring the project areas since 2006. 21 February 25,2013 New Business 7-c 32 of 74 V. REFERENCES Atkins, Inc., Collier County 2012 Coastal Monitoring Report, October 2012 Coastal Planning & Engineering, Inc., Collier County Beach Renourishment Project Three Year Post-Construction Monitoring Report, September 2009 Coastal Planning & Engineering, Inc., Collier County Conceptual Renourishment Project Analysis, May 2011, Revised October 2011 Coastal Planning & Engineering, Inc., Collier County Beaches 2013-14 Renourishment Project Description with Engineering and Design Summary, November 2012 22 February 25,2013 New Business 7-c 33 of 74 APPENDIX A-PLAN VIEW AND COMPARATIVE PROFILES • 23 :,.��w.i.�..R... ....v.v.�r..R.� .D r.. 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O_ O 0 0 0 N 1 O co O w (89 aAVN)133d NI NOIIVA313 (88 aAVN)133d NI NOIIVA313 z 0 0 co co co w - 1 I S z i p II "`° COLLIER COUNTY I I, 2800 N.HORSESHOE DRIVE ;° „ �, E, f - NAPLES,FL 34104 o'^tl^" ., _ rya ID I 4, COLLIER COUNTY BEACH MONITORING u '"§` REPORT-PEER REVIEW , �.ro '�� ; ,, Z �� PROJECT DESIGN-BEACH FILL %« .d a.�«o.,,,,,. roi m, N TEMPLATE PROFILES-NAPLES �„ n„..a��, o„E a. ORIGINAL ISSUED DATE: D I m I 0 I 0 I m I r I 0 I I February 25,2013 New Business 7-c 71 of 74 APPENDIX B-COMPARATIVE VOLUMETRIC SUMMARY TABLE 24 February 25,2013 New Business 7-c 72 of 74 2013 Protect-Comparative Volumetric Summary Design Volumes Effective Taper Effective R-Monument Distance('' Matrixjzl Length Distance t) Atkins Volume 3) Difference (FT) (CY/FT) ' (CY) (FT) (FT) (CY/FT) (CY) (CV) R-17 R-I8 ____R-19___ R-20 R-2I R-22 R 23 R-24 R-25 "'T." _ _ R-26(Tat- -71Z --7(5-(7""_-7864 -73 �_�736 T 2 9,432 -432 R-27 1095 18.1 .--19,851.._.. 1,095 1:8.00 .19,7(0 -141. R-B 1026 10.0 10 256 1026 10.2 10 4410_ 194 R-24-24 x.942 10.0.... 9,423 942._ 10.0 9,385 -38 150(Taper �1033 (03): �10,330� X 500.. 83 X 13:.4_ 10,199 -151 10 31 ." " R-33 R-34 R-35 r_______._._ 9-36 9-40 -_--------'------�----_..----- ---------"-'----------___ ------._. R-4I y✓� R-42 ----- ----- R-43 _ _ _ _ _ R-44(faperj I000 SA- 5,000 350 825 18.1 14,942 9,942 19-45 00_ -7,435 R-05 .9,078 35.4 311,)3$ 1,078 28.5 30,1fl3 040 .. 10.0 -..-,..10,403 ....� -- 1,040 9:9-. 10,323 _-80 R::{7(Ta_per) ....953_ __;5,2 ..5,040 500 703 6 l7_ _41739 -261 R-49 7- 7f7w -201r 2.1 2 500 500 _ 250 _ 14.5 3,625 1.125 �'.R-51 1 108 14.5 16,057 -1.:108- 14.5 16,045 _..-12 9=52 967 26.6 25,726 967 268 25,608 118 RS3 1':,060 12.2 12923 -1,060 12.2 12,956 93' R-54(Taper) 500 5.0 2,500 400 ; 860 2.5 2,134 -366 R-55 R-56 R-57 T.. 14,613 :;200 100 '75.5 7,550 -7,063_ 12-58A 667�.. 73.6 49,122 - 404 75.5 - 30,509 -18,613 R-58 737 58.4:58.4 43,057 " 737 611, 45,530 2,473 R -59 10035 030.4 31470 ; 1,035 25.7 26,565 -4;905 .., R...60 1 081 10.0 10,813 €,081 10.0 I,,850 37 _R-61 ... 1. ,0-049 100. 10 488 -� 1,044 133 14,775_ 3,887_ 962 1,015 17.8 :`18,048 1,015 18.0 - 18,308 210 --�9-63 967 18.3 17,691 967 18.2 17,585 -106 854 5.9 5.000-. 500 604 _53... 31221 -1,779 R-65_______ R-66 R-67 R-68 R-69 `805 :6.2 w_ 5,000 6f10 :505 -77- 187 �•�4,81,3 R-70 800 !.15.6 12,513. .� 800 15.6 12 504 =9 ....-R-71 803 E 22,8 18,284 803 22.8 18,291. 7 R-72 iff.a.mn X1805... -6.2 __ 00_ __507_ ..33_ 13690 ��3�310 . R-74 R-75 R-76 lI - ----- ---- R-77--'-----------------'-----I-'-'-----____--- -'-•-----�__..}- ----- R-78 R-80 R-81 R-82 R-83 Total: 24,616 419,120 22,080 387,395 -31,725 Notes:(I)Derived from Tables 5 through 7 of the Sept.2(8)9 Three Year Post-Construction Monitoring Report prepared by CP&E (2)Derived from CP&E 2012"Design Matrix for 6-Year Renourishment Interval"in Appendix E of the"Collier County Beaches 2013.14 Renaurislunent Project Description with Engineering and Design Summary" (3)Volumes derived by Atkins utilizing point files,elevations,and drawings provided by CP&E 2013 project extents Effective distance developed by Atkins using different length than identified by CPE Effective Distance Equation for Tapers ((c.1,,,,,„)1:0.50)) a�rr= “R-agora. where effective distance used for volume talc in taper dx r,,, =effective distance for adjacent R-Monument d am,=taper length February 25,2013 New Business 7-c 73 of 74 APPENDIX C-GLOSSARY OF TERMS 25 February 25, 2013 New Business 7-c 74 of 74 APPENDIX C—GLOSSARY OF TERMS Advanced Nourishment—Portion of the beach fill design template that is "sacrificial"and is intended to maintain the design standard during the initial renourishment interval of the project. Berm—A plateau between the dune and water line along the beach profile. Design Standard—the minimum design beach width that has been established from a landward baseline (seawall, vegetation line, property line)to the mean high water line (MHWL) for each beach community. Vanderbilt and Naples Beach have a 100 foot design standard, Park Shore has a 85 foot design standard. Equilibrium Toe of Fill (ETOF)—The predicted seaward-most extent to which beach fill placement moves offshore on the existing profile. This is based upon predicted adjustment to the profile shape based on fill material sediment characteristics. Toe of Dune—The location where the dune face transitions to the beach berm. Toe of Slope—The location where the slope of a design feature intersects the existing profile. 6-year design template—Beach fill project intended to maintain the minimum beach design standard after six years that includes: 1) Volume necessary to achieve design standards 2) Volume necessary to maintain that standard for six years 3) Volume necessary to account for erosion from latest survey to proposed construction start 4) Volume necessary independent of inlet bypass projects 5) Special design conditions (tapers, minimum densities, model results) 2006 unmodified 6-year design template project(2006 project)—The beach fill design constructed in 2005/2006 intended to maintain a 6 year minimum beach design standard with the five categories stated above, based on composite erosion rates from 1996 to 2004. 2013 6-year design template project (2013 project)—The currently proposed project with fill volumes based on the August 2012 survey and the composite erosion rate from 1996 to 2004 and 2006 to 2012 combined. Project is scheduled for construction in 2013. 10H:1 V—A measure of slope. "10 feet horizontal to 1 foot vertical" February 25,2013 New Business 7-d 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the development and execution of Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the FY13/14 Vanderbilt, Park Shore and Naples beach renourishment program and reaffirm the existing Board of County Commissioners' policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed Temporary Beach Restoration Easement (TBRE) and authorize the Chairwoman to execute Resolution for TBRE. OBJECTIVE: Approve the development and execution of the TBRE's to allow construction access for the FY 13/14 publically funded major beach renourishment, vegetation planting and dune restoration of the Vanderbilt, Park Shore and Naples beaches. Reaffirm the existing Board of County Commissioner's policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed TBRE. CONSIDERATIONS: Approximately 20 parcels are required to have TBRE's obtained for the upcoming beach renourishment project. This activity will require Collier County's Real Property Management in conjunction with the County Attorney to research, develop, execute and record TBRE's with beachfront property owners for construction access required for the next planned beach renourishment. In addition to beach renourishment; vegetation plantings and dune restoration are expected at various locations throughout the beaches. This activity will require approximately 200 hours and cost approximately $13,000 for the Real Property Management staff to complete this effort. It is anticipated that it will take six (6) months to complete. Consistent with the Board of County Commissioners' prior policy regarding TDRE's, if a property owner refuses to execute the TBRE, no renourishment, plantings or dune restoration will occur on that property. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Taxes, Project 80096. It is anticipated that the cost to execute the TBRE for the Vanderbilt, Park Shore, and Naples beaches will be $13,000. GROWTH MANAGEMENT IMPACT:T here is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was unanimously recommended for approval by a 7 to 0 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG February 25,2013 New Business 7-d 2 of 5 RECOMMENDATION: Recommendation to approve the development and execution of Temporary Beach Restoration Easements (TBRE) with beachfront property owners for the FY13/14 Vanderbilt, Park Shore and Naples beach renourishment program and reaffirm the existing Board of County Commissioner's county policy that no renourishment will occur landward of the Erosion Control Line (ECL) on private property without an executed TBRE and authorize the Chairwoman to execute Resolution for TBRE. Prepared by: Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department Attachments: A) Resolution February 25,2013 New Business 7-d 3 of 5 RESOLUTION NO.2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF "TEMPORARY BEACH RESTORATION EASEMENTS" BY GIFT IN SUPPORT OF THE IMPROVEMENTS NECESSARY FOR THE COMPLETION OF THE COLLIER COUNTY BEACH RESTORATION PROJECT AND THE ASSOCIATED MANAGEMENT PLAN, PROJECT NUMBER 80096. WHEREAS, the Board of County Commissioners approved a Professional Engineering Services Agreement with Coastal Planning and Engineering, Inc. to provide professional engineering services necessary for the completion of the Collier County Beach Restoration and Management Plan; and WHEREAS, the criteria for design and construction of the Collier County Beach Restoration and Management Plan provides for compliance with provisions in the Coastal Zone Element of the Growth Management Plan;and WHEREAS, the beach renourishment improvements shall affect the majority of the Gulf shoreline commencing at Vanderbilt Beach located in Section 29, Township 48 South, Range 25 East, and proceed south along the Gulf-front beach of The City of Naples;and WHERES, the restoration project will be extending the width of the upland beach area, by collecting clean beach sand from either inland or offshore areas and placing it along the shoreline;and WHEREAS,the majority of the Project's construction will occur on land owned by the State of Florida (seaward of the mean high water line or the erosion control line); however, the land located landward of the mean high water line or erosion control line is owned by individual beachfront property owners;and WHEREAS, in order to ensure placement of sand landward of the mean high water line or erosion control line, the Board of County Commissioners requires the conveyance from the individual beachfront property owners of"Temporary Beach Restoration Easements" to cover only the areas which are seaward of existing seawalls, revetments or beach vegetation line to allow the County's contractor to place sand on the area between the mean high water line or erosion control line and the seawalls,revetments or vegetation lines;and WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition of the required "Temporary Beach Restoration Easements," which shall terminate on September 15, 2013 is of importance in order to utilize the easement areas for enlarging and maintaining the beach and shoreline by filling with compatible sand,planting and maintaining native dune vegetation,as well February 25,2013 New Business 7-d 4 of 5 as providing additional erosion and storm surge protection for the beachfront residences, condominiums and hotels;and WHEREAS, the Board of County Commissioners recognizes the mutual beneficial results of a renourished beach and anticipates the construction to begin in the Fall of 2013; however, in the event that a beachfront property owner does not timely donate the required "Temporary Beach Restoration Easement," there will be no placement of sand on privately-owned properties which have not been donated to Collier County for the Collier County Beach Restoration Project; and WHEREAS, the Board of County Commissioners authorizes the utilization of County-owned and/or maintained beach access points to afford ingress and egress of equipment and supplies necessary for the construction and maintenance of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The beach restoration and maintenance improvements, include, but are not limited to, the enlargement and maintenance of the beach and shoreline by filling with compatible sand, the planting and maintenance of native vegetation, the storage and removal of equipment and supplies, and the erection and removal of temporary structures necessary and incident to the construction of the Project, located along the Gulf-front beaches between Vanderbilt Beach and Naples Beach. 2. The Board of County Commissioners recognizes the importance of the land rights acquisition function and its relationship to the overall project schedule; and the Board desires Staff to facilitate and expedite the land rights acquisition process. 3. Staff is hereby authorized to acquire "Temporary Beach Restoration Easements" from the affected property owners by gift only. 4. The Board of County Commissioners hereby authorizes its present Chairman and any subsequent Chairman, for the life of the project, to execute any instruments, which have been approved by the Office of the County Attorney, for any purpose as required for the acquisition of the easements or any other documents necessary for the completion of the Project. 5. All title to "Temporary Beach Restoration Easements" obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, the governing body of Collier County, Florida, a political subdivision of the State of Florida, and staff is February 25,2013 New Business 7-d 5 of 5 hereby authorized to record in the Public Records of Collier County, Florida, said "Temporary Beach Restoration Easements" and such other instruments as may be required for the acquisition of the easements and to perform any other work necessary and incident to the construction of the Collier County Beach Restoration Project. 6. The Board of County Commissioners hereby authorizes the utilization of County-owned and/or maintained beach access points to afford ingress and egress of equipment and supplies necessary to the construction and the maintenance of the Project. 7. The Board of County Commissioners directs Staff not to place sand on privately-owned properties in the event the property owner(s) do not donate in a timely manner, the "Temporary Beach Restoration Easements" to Collier County necessary for the completion of the Collier County Beach Restoration Project. This Resolution adopted on this day of ,2013,after motion, second and majority vote. ATTEST: DWIGHT E.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA, By: GEORGIA HILLER,ESQ.,CHAIRWOMAN Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney February 25,2013 New Business 7-e 1 of 39 EXECUTIVE SUMMARY Recommendation to award Bid No. 13-6039 to Orion Marine Construction, Inc. in the amount of$1,754,884.72 for the Wiggins Pass Channel Straightening Project. OBJECTIVE: Recommendation to award Bid No. 13-6039 to Orion Marine Construction, Inc. in the amount of$1,754,884.72. CONSIDERATION: Wiggins Pass has been maintenance dredged 13 times over the last 20 plus years. Historically, the pass has been dredged every two years but recent trends have the channel filling in every 18 months to un-navigable conditions. In addition to this unsafe boating condition, Barefoot Beach and the mangrove channel to the north have experienced significant erosion. The Board of County Commissioners (BCC) appointed an Inlet Management Work Team on April 13, 2010 (Item 16D1) to address these problems after modeling studies conducted in 2008 and 2009 identified channel straightening as a viable solution. This stakeholder work team developed the following non-structural goals and objectives for this project: • To provide a safe channel for boating • To address erosion at Barefoot Beach • To lengthen the dredge cycle and accomplish it with the least effect on the environment • To provide a solution that is economically effective. This project has been thoroughly reviewed and vetted with the community. In addition to the oversight and approvals from the Coastal Advisory Committee and the Tourist Development Council, the BCC's has reviewed and approved this project over the past two years as follows: 1. On February 8, 2011 (Item 10E), the BCC approved the Request for Proposal (RFP) selection committee's recommendation of Coastal Planning and Engineering (CPE) to complete the Permitting, Modeling and Inlet Management Plan for this project. 2. At the March 8, 2011 BCC meeting (Item 10B), staff was directed to consult with FDEP staff and solicit the probability of FDEP issuing a permit for straightening the pass utilizing a soft engineering sand dike approach. The BCC requested that FDEP review Coastal Planning and Engineering's proposal and comment on the feasibility of obtaining a permit to perform this work. On May 13, 2011 FDEP issued a letter concurring with the County's approach and indicating that FDEP could recommend a permit approval based on acceptance of requested technical information. 3. On June 14, 2011 meeting (Item 10D), the BCC awarded a contract to Coastal Planning and Engineering for the design and permitting for the Wiggins Pass Channel Straightening project. 4. On October 9, 2012 (Item 11C) the BCC approved a resolution for a special treatment development permit for the straightening of Wiggins Pass. This was accomplished after the Collier County Environmental Advisory Committee and the Collier County Planning Commission recommended approval of this item. February 25,2013 New Business 7-e 2 of 39 5. On November 13, 2012 (Item 110), the BCC approved an independent Peer Review of the proposed dredging improvements at Wiggins Pass. The review was completed on December 14, 2012 and indicated..."that the presently proposed and permitted project should be implemented at Wiggins Pass, and the performance monitored to inform future action. The proposed project is viable and presents a reasonable likelihood of improving conditions and meeting the project objectives, relative to current practices. " The complete Peer review and corresponding comments by Coastal Planning and Engineering are attached. Bids were posted in the lobby of the Purchasing Department on January 3, 2013 with 1,382 vendors notified and 72 bidders downloading the plans and specifications. On February 6, 2013, one (1) bid was received from Orion Marine Construction, Inc. by the posted deadline. Staff evaluated the bid and determined that Orion Marine Construction, Inc. was a qualified and responsive bidder. Orion Marine Construction's initial bid submittal was $2,013,933. After reviewing the project with Collier County staff, Orion Marine Construction, Inc. revised its pricing to $1,754,884.72. A bid tab and reconciliation between the initial bid submittal and the final pricing is included as Attachment A. The Engineer's opinion of probable construction costs was projected at $1,746,597. The difference between the engineer's estimate and the final pricing is less than one half of a percent(.5%). This project was budgeted at $1,700,000. Orion Marine Construction, Inc. through its subsidiary Subaqueous, Inc. has successfully completed the Marco South Renourishment project in 2007 and the dredging of both Wiggins Pass and Doctors Pass in 2009. Time is of the essence for this project. This work must be completed by the beginning of turtle nesting season on May 1, 2013. Staff anticipates a Notice to Proceed will be issued on March 1, 2013 to begin construction with substantial completion of construction by May 1, 2013. Staff recommends that Bid No. 13-6039 be awarded to Orion Marine Construction, Inc. as a qualified and responsive bidder. FISCAL IMPACT: Funding for this project will be from Tourist Development Tax, Fund 195. $1,602,028.43 in project funding is currently available in Project 80210. The balance of $152,856.29 will need to be funded from Fund 195 reserves. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 6 to 1 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—GMG February 25, 2013 New Business 7-e 3 of 39 RECOMMENDATION: Recommendation to award Bid No. 13-6039 for the Wiggins Pass Channel Straightening project to Orion Marine Construction, Inc. in the amount of $1,754,884.72 and approve necessary budget amendment. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Bid Tabulations B) Contract C) Wiggins Pass Peer Review conducted by Olsen, Associates, Inc. D) Coastal Planning and Engineering comments on to Olsen's Peer Review February 25,2013 New Business 7-e 4 of 39 i',i rii 3!,o Sind . ,. :I,eg,. ‘ ., c cot, ii i r,. l!',Ci>>>.. 5440 West Tyson Ave./Tampa,Florida 33611/P.O. Box 13427 Zip 33681-3427 Telephone(813)839-8441/Fax(813)831-7498 Gary, Please find the revised price schedule for Bid No. 13-6039. CLIN Description Quantity Units Unit Price Total Price 1 Mobilization&Demobilization 1 LS $650,368.34 $650,368.34 2 Dredging Beach&Nearshore Compatible Sand 89,700 CY $7.18 $644,046.00 3 Dredging Unsuitable Material(Silt&Clay Peat) 1,750 CY $35.38 $61,915.00 4 Dredging Unsuitable Material(Rock&Sand) 3,800 CY $74.88 $284,544.00 5 Turbidity Monitoring 1 LS $58,163.38 $58,163.38 7 Construction Surveys 1 LS $55,848.00 $55,848.00 Total $1,754,884.72 Below is a list of modifications from the original bid: Description Savings The quantity of Silt&Clay Peat was reduced by the approximate volume that lies eastward of STA 1 C23(750 CY)and the price per cubic yard was reduced to$35.38. This reduced the total price of 562,885.00 bid item#3 2 The quantity of Rock&Sand was reduced by the approximate volume contained within the overdredge limits(400 CY)reducing the total price of bid item#4. $29,952,00 3 Orion personnel will conduct interim surveys for monthly pay estimates reducing the total price $7.2,740.90 of bid item#7,Construction Surveys. 4 The seagrass survey and delineation was removed from bid item#6. $8,779 37 5 The contingency line item has been removed. $52,500.00 6 Orion's mobilization fee has been reduced. $8 1,253.04 7 Sand analysis will be conducted by Collier County staff. $4,938.30 Total Savings $259,048.61. If you have any questions please do not hesitate to call. Regards, (,,..3_,.. ..._. 2/8/2013 Curtis Hug s,Vice President Date - ]. February 25, 2013 New Business 7-e 5 of 39 PEER REVIEW OF PROPOSED DREDGE IMPROVEMENTS AT WIGGINS PASS, FLORIDA Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E. Olsen Associates, Inc. 2618 Herschel Street Jacksonville,FL 32204 14 December 2012 INTRODUCTION This report presents an independent coastal engineering review of proposed dredging improvements at Wiggins Pass, Collier County, Florida, undertaken at the request of Collier County, Coastal Zone Management. The review principally focuses upon the formulation of revised inlet management strategies, alternatives analysis, and a proposed dredging project to improve navigation and beach conditions at Wiggins Pass. The project's objectives are to: 1. provide a safe navigation channel for boating 2. address erosion at Barefoot Beach (immediately north of the inlet) 3. reduce the frequency of dredging at the inlet with least (minimum) effect on the environment 4. provide a solution that is economically effective, and 5. avoid adverse impact to the Delnor Wiggins State Park(immediately south of the inlet). This review considers the engineering analysis, design, and numerical modeling -- previously conducted by Coastal Planning & Engineering, Inc. (CPE) and Humiston & Moore Engineers (H&M) over the past five years, more or less—which ultimately led to the County's selection of a proposed dredging plan for the inlet. This plan, anticipated for initial construction in 2013, consists of the following principal elements (see Figure 1), as described in the project's FDEP permit [042538-008-JC]: "The project is to straighten and expand the Wiggins Pass navigation channel by dredging a new alignment and filling the existing channel meander within the flood shoal. The dredged sand from the initial realignment will be placed in the flood shoal channel meander (Flood Shoal Disposal Area), the South Point Escarpment Repair site, the North Onshore Disposal Area and the North Nearshore Disposal Area. Any additional suitable dredge material available after those areas are filled will be placed in the Ebb Shoal Disposal Area. Approximately 7,500 cubic yards of [unsuitable] material dredged from the realigned channel ... will be placed in a separate offshore disposal area.... "Periodic maintenance dredging of the authorized navigation channel location, including the north, south and east tributary channels, may also be conducted. A projected volume of approximately 50,000 cubic yards of beach-compatible sand may be dredged during each maintenance project and placed in one or more of the authorized disposal areas, including the South Onshore Disposal Area and the South Nearshore Disposal Area. Interim maintenance dredging projects may be conducted to remove smaller amounts of sand from the channel. Based on beach and inlet monitoring surveys, the dredged material will be distributed to the disposal areas in order to balance the sediment budget between the inlet and the adjacent shorelines, offset erosion of the adjacent shorelines, and maintain the location and hydraulic stability of the navigation channel." 1 - olsen associates, inc. February 25,2013 New Business 7-e 6 of 39 f ,,..;,r_;! 1 \ s t 1\ ri, t ;` 1- • y.- 6 . . ,.. `« `a. ; * Onshore Disposal Areas ' hearshore Disposal \ j"' °' s• . Area ' \ Y i 1-f:t.' Y.s 1:1't.',.. r :' Flood Shoal Ebb Shoal Uisposai ''— :4j Disposal Area•Area "„ . ,,,,,•• "6 9e � �;., I, —--_ ; ... I/ ,' ._. — ' w: • - - . '`--- . ,z '. : M.. t " Dredge Area a x' r∎' 44e r . ' k ,Nearshore Disposal Area '''t' //' .:''''ll'i: .... Onshore Disposal Area e. `, ' + . '. Delnor Wiggins �.ks'-: i4 - {jr? Photo:April 2012 3 i Figure 1 —Proposed plan of improvements at Wiggins Pass.Adapted from CPE, 2012. Dredging depths range from -8.7' NAVD (-6.4' MLLW)along the inlet throat/flood shoal to-13.0' NAVD (-10.7' MLLW)at the inlet mouth and across the ebb shoal, including 1-ft overdredge. 2 - olsen associates, inc. February 25, 2013 New Business 7-e 7 of 39 Our "third party" review, described herein, is principally limited to the evaluation of existing, prior reports by CPE and H&M, the project's FDEP permit application file, various public correspondence and technical presentations related to the inlet and project, along with a site visit to Wiggins Pass in September 2012 followed by a brief meeting with Mr. Steve Keene (CPE) and Mr. Gary McAlpin (Collier Co.) to discuss the project objectives. This review did not include additional data collection or numerical modeling, nor reproduction of data reduction. Instead, we considered the analyses, interpretations, and conclusions presented by the prior investigators for completeness and veracity. And, in particular, we strove to compare these investigators' findings with our independent predictions of inlet dynamics and probable project performance based upon observations, experience, and engineering intuition. That is, in this review, we sought to assess the degree to which the model predictions, et cetera, reflect the probable realities of the inlet — and project performance — from the standpoint of traditional coastal engineering analysis (i.e., beyond or in lieu of numerical modeling). As such, this review presents our technical opinion regarding the appropriateness of the engineering approach, numerical modeling, interpretation of the results, recommended solutions, and project predictions. We note areas of potential concern or uncertainty, describe our expectations of probable project performance, and discuss other project alternatives or modifications that might be (or should not be) considered in the future as a function of the upcoming project's monitored performance. This includes discussion of structural versus non- structural alternatives for inlet modifications. A list of the primary documents examined for this review is presented in the "References" at the end of this report. Among these, the principal documents included Engineering Reports for inlet management studies, maintenance dredging and numerical modeling for Wiggins Pass prepared by CPE (2012, 2010, 2009), modeling and study reports by H&M (2007, 2004), and the Year- One post-construction monitoring summary of the March 2011 maintenance dredging by H&M (2012), the FDEP permit application by CPE (2010-12), among many others. VIABILITY OF THE PROPOSED APPROACH Is the proposed approach viable, relative to the project objectives? In our opinion, basically, yes; the fundamental project approach is sound, as proposed for the upcoming construction. The project intends to (1) establish a straight navigation channel from the flood shoal to across the ebb shoal to increase hydraulic flow (scour) efficiency and improve navigation, (2) initially constrain the straightened channel through temporary sand dikes that block the existing channel meander and swash (marginal) channels that wrap around the end of Barefoot Beach, and (3) place the dredged material north of the inlet, particularly closer to the inlet along Barefoot Beach (R13-R15) and across the northern ebb shoal, toward restoring this shoreline. These principles are fundamentally sound toward establishing the project objectives. Beyond long-term performance (described below), an area of initial concern may be the viability of dredging the channel's north bank at the inlet mouth, where the channel cuts directly into the 3 - oisen associates, inc. February 25,2013 New Business 7-e 8of39 south flank of Barefoot Beach, principally between channel sections C7 and 0+00 (see Figure 2, below). It seems likely that this area will shoal rapidly during construction. The dredging will require an - 8 ft bank cut. This will be difficult to maintain and may ultimately lead to some draw-down and erosion of the south end of Barefoot Beach, particularly if the dredging perseveres to establish the design channel-depth template. Placement of dredge spoil along the fi '''''`' ;, ' '?.-:,e/:,,,t''','. ; ',;.;;,,, -;;i:z.>,,,,),4 '. 44'1' E south shoreline of Barefoot Beach should help mitigate this erosion if it has a tendency to occur; and the issue otherwise appears readily manageable during construction, through normal review. -,,4,, „, ,,,,,•,'?"7",.., ;;',-.4';'"',A,.'41.1 - Ak..4''''''''''''!i:' i d.a4 ' a 1 a 104 *4 "1 .F3 Ki:3pg r 31' } 1s c '' , 5�,,it�* s;» °': ., ■ �"e. .,, i 2{( ,le 43 B �` ..CUTS , 1 f 8.4,'„,4"V. 4 r, X9 9° T 44.q'°� r ? � .h� le` Y �1 04ift » '�T'i� iaB1 llt 3J � ^ "° �€a Yi9-c °q�t- � i ' e ';,','It'*s' p+ ,#1* a n�-'L:a �. »nv W N ',, , i A I � as W„:0,,,...1 ;I TRANSITION -12.0'70-7T NAVD CUT DEPTH g a WIGGINS PASS — EBB SHOAL CHANNEL ,, i NAVD CUT DEPTH j4' cy ¢a DREDGE a ' AREA y NO,C5: LEGEND. S 1. COORDdNATES ARE IN-BET BASED ON QR-17 FDEP MONUMENT $ 2011 CPE VEr pR ORES i FLORIDA EASTF PLANE CO111 A'ERI 2009 CPE MANGROVES 2009 CPE VIBRACORES . SYSTEM,EAST ZONE.NORTN AMERECAN O i /' DATUM OF 1983(91AD83). 2009 CPE EDGE OF <<`: 2009 CPE JET PROBES 2. VIBRACCRE NUMBERS PROVIDED IN MANGROVE ATTACHMENT 29. 2009 CPE SEAORAS5 2008 H1s'MIS7ON 9 MOOR'S 3 200'iAERIAI PHOTOGRAPHY FROM FIELD POINTS VIBRACORES COLLIER COUNTY PROPERTY APPRAISER 2011 CPE SEAGRASS I;r .�FLOOD Sf?OAL D'SPOSAL AREA trygig.; OFFICE. FIELD POIN 5 4, THERE IS A I OVERDREDGE BELOW THE SEAGRASS AREA EBB SHOAL DISPOSAS,ARSA 1/13/12 BR iDEPTHS SHOWN HERE. NOT FOR CONSTRUCTION 4 ' FOR REGULATORY REVIEW ONLY 9T;49 aarr,aa� `" 8500.83 o STEPHEN KEEHN P.F. NO, 34857 DATE ■ 9 Figure 2: Proposed dredge plan at Wiggins Pass inlet mouth. Dredging the design channel depths at the mouth(green circle)may be difficult and/or lead to draw-down and erosion of the south end of Barefoot Beach,despite placement of spoil along the inlet's north bank(not illustrated in the figure). `t olsen associates, Inc. February 25,2013 New Business 7-e 9 of 39 PROBABLE SUCCESS OF THE PLAN How likely is the project to achieve the objectives or predictions? To answer this question we consider each of two different approaches. First, what are the physical dynamics of the existing inlet processes: that is, why are things the way they are, and are these prevailing processes inherent and ultimately unalterable by the proposed project? Second, what is the accuracy and limitation(s) of the numerical models and their likely ability to predict the project performance? Both approaches are discussed below. For purposes of clarity, the discussion is segregated among distinct topics of(a) the inlet channel and (b) the beaches — recognizing, of course, that these two features are ultimately related. INLET CHANNEL Interior Flood Shoal Meander. It appears likely, though not altogether certain, that the interior channel may have been historically straight prior to about 1953. Sometime between 1953 and 1958, the south channel was cut to Water Turkey Bay and Vanderbilt Lagoon (see Figure 3, following page.) The formation of a northward meander of the channel is evident in the 1958 image which shows a bifurcation of the flow, subsequently replaced by a mostly single channel that meanders to the inlet's interior north bank.' After 1958, basically all images and surveys indicate the strong northward meander of the inlet channel against the south inlet shore of Barefoot Beach. CPE (2012) cites a prior study which states that the dredging of the south channel increased the inlet's tidal prism by 50%. This is a plausible assertion. Inspection of aerial photographs indicates that the Water Turkey BayNanderbilt Lagoon cut introduced a significant additional tidal flow to the inlet from the south (in addition to other interior waterway modifications presumably undertaken at that time). The important conclusion here is that the cutting of the south channel probably introduced a very strong change in the inlet hydraulics which (a) changed the otherwise unusually stable, nearly quasi-static configuration of this overall inlet and the adjacent shorelines, and (b) forced a northerly meander of the flood channel against Barefoot Beach. Why does the interior flood channel meander so strongly and consistently to the north? It appears to be due to (a) flow from the south channel that was cut to Water Turkey Bay/ Vanderbilt Lagoon, and (b) the influx (shoaling) of sand from the south shoreline along the State Park. Both push the interior channel toward the north, into the inlet shoreline of south Barefoot Beach/Island. Why is this important? If the inlet's flood channel was historically straight and stable in that alignment, then it is likely that re-establishing a straight flood channel would remain stable. But, if the prevailing modem configuration of the flood channel is a meander to the north — resulting from tidal flow from the south waterway at Water Turkey Bay, and from interior sand shoaling from the South Beach—then the dredged, straightened channel will tend to quickly return toward its northerly meandering orientation into the inlet's south bank shoreline of Barefoot Beach. A northerly meander is also evident in a 1951 photo;however,this image was 4 years after the effect of a Category 5 hurricane in 1947 which appears to have substantially altered the inlet morphology,at least temporarily. 5 - olsen associates, inc. February 25,2013 New Business 7-e 10 of 39 I 4s 1953 1958 •1 aM1£: 1962 Figure 3: 1953 (prior to construction of the south channel to Water Turkey Bay), 1958(post-channel), and 1962 aerial photography. Images excerpted from CPE,2012. 6- olsen associates, inc. February 25,2013 New Business 7-e 11 of 39 That is, irrespective of the historical (pre-1958) conditions, the modern and prevailing condition of the inlet dynamics suggests that the interior flood channel will strive to recover its northerly meander; i.e., it will not retain its dredged, straight configuration through the inlet throat. If so, this meander will eventually defeat the hydraulic flow efficiency that is sought through the dredging of a straight inlet, and this will ultimately diminish the increased flow velocities that are sought to scour and maintain the navigation channel. Alternately stated, the interior channel may have been historically straight in the past. But that was prior to the cutting of the south channel to Water Turkey Bay (c. 1954-57) and the present configuration of the ocean shorelines — both of which force a strong and inherent northerly meander of the interior flood channel into the inlet shoreline of Barefoot Beach/Island. The historical, pre-1958 conditions no longer matter. The prevailing, modern conditions of the waterways and ocean shoreline dictate the hydraulic forces that will shape the fate of the inlet channel that is dredged today or tomorrow. The numerical modeling by CPE suggests that the tidal flows of the inlet's three interior waterways are divided as such: 29% from the north, 44% from the east, and 23% from the south. See Figure 4a. The resultant vector from these predicted flow distributions is oriented directly straight along the inlet throat. This is a favorable result in terms of possible project performance. That is, if true, it suggests that the resultant-contributory flow through the three interior waterways is directed in near perfect alignment with the proposed straight-channel cut. This would therefore promote the stability of the proposed straight, dredged channel cut. But, this result does not explain the consistent northerly meander of the interior channel observed after 1953 (beyond the sand shoaling that forms along the inlet's south bank from the south shoreline). Interestingly, if the flow from the south channel (to Water Turkey Bay) was assumed to be only 10% to 15% greater than that estimated from the CPE modeling study, then the resultant flow vector from the interior waterways would point substantially toward the north — in alignment with the northerly meander of the flood channel that has been observed since the south channel was dredged in the early 1950's. See Figure 4b. This would explain the pervasive northerly "push", or meander, of the inlet's flood channel. Unfortunately, measurements of the hydraulic flow from the three interior waterways were apparently not available for model calibration (versus singular measurement in the inlet throat); so we do not know the actual distribution of flow among these three channels. But, from aerial perspective of the substantial tidal prism that exists through Water Turkey Bay and Vanderbilt Lagoon, it is possible— or probable—that the flow velocity from the southern channel is greater than that estimated through the numerical model (i.e., equal to or greater than that shown in Figure 4b). Again, this would substantially explain the pervasive northerly meander of the flood channel in prevailing, modern conditions. In sum, in the probable case that the flow from the south channel (at Water Turkey Bay) is greater than that which is predicted by the numerical model, then the interior flood channel will seek to promptly regain its northerly meander even after the channel is dredged in a straight alignment. If so, this will act to eventually undermine the "straight-line" flow efficiencies sought by the project's dredging improvements. 7 - olsen associates, inc. February 25,2013 New Business 7-e 12 of 39 Likewise, the continued influx of sand Flaw c ntnbutions of interior waterways from numerical rnouerng«� ,2012} - ��� from the State Park shoreline immediately south of the inlet — will �-_ continue to build up the shoal that �ti chronically lies along the inlet's south ., a bank, just west of the channel to Water e. Turkey Bay. This shoal acts to push the channel northward, enhancing the � 4nrv�2��s) meander. S(23%} _. ��, Figure 4a: Scaled vector contributions of interior waterway flow as estimated by numerical modeling described in CPE(2012). The resultant flow vector[red] describes the vector Photo Agri,z010 sum of the three interior waterways. Flow contnbutions of mterror waterways with 'f assumed 12%mcreaae in south channel flow rn,5d � z £' m ' r5(35%) 4''' ,/,-,,,\:' . lit 1 , Figure 4b: Scaled vector contributions of - interior waterway flow assuming a 12% �£ increase in contribution from the southern � waterway. The resultant flow vector [red] �' describes the vector sum of the three interior Photo.April 2O1O waterways. -8- olsen associates, inc. February 25,2013 New Business 7-e 13 of 39 This south-bank shoal is formed from sand that drifts into the inlet from the south beach (i.e., the State Park shoreline), pushed by flood-tide currents and waves. Is this shoaling from the south the principal cause of the meander? It is clearly a contributory cause, but it is also possible that the shoal itself results from the [suspected] northerly-directed flow vector that emanates from the Water Turkey Bay channel. That is, if the convergence of ebb flow at the junction of the three interior channels is biased toward the north, then one can imagine a stall in the velocity just west of the Water Turkey Bay channel, along the inlet's south bank, where sand might tend to deposit. The deposition forces the channel further north—which causes a further drop in velocity—which causes more sand to deposit on the south bank, pushing the channel further north, and so on. It is a self-perpetuating process that continues until the channel meander becomes too hydraulically inefficient, and/or until the channel can no longer migrate (due to resistance from geology, mangroves, etc.). But a key possibility is that the overall process of shoaling on the south bank is initiated by a net- northerly directed flow at the head of the inlet, near the three channels' junction. After all, it should be almost as likely that a sand shoal would form along the north bank of the inlet — caused by sand drifting in from the north beach (Barefoot Beach). But this is never observed. Hydraulic pressure from the south — which pushes against the inlet's north bank — appears to chronically prevent deposition on the north bank, and instead always favors deposition on the south bank. An alternate explanation would be that the rate of drift entering from the south is so much greater than that entering from the north, that shoaling along the south bank always pervades. But this argument seems less likely because, as described later, the overall north/south drift at the inlet appears to be fairly balanced, albeit with some net bias from the south. Outer Channel and Thalweg. The orientation of the inlet channel thalweg (deepwater "centerline") has been fairly and remarkable consistent since at least the 1960's/1970's and certainly since 1999. On the following page, Figure 5 illustrates the channel's thalweg locations traced from aerial photographs shown later in Figure 8. Figure 6 likewise illustrates (in section view) a consistent thalweg location between pre-dredging and modern conditions in 1970 and 2007, presented by H&M. This consistency demonstrates that the inlet's modern channel configuration is relatively "stable and preferred". That is, it suggests that the modern channel consistently "prefers" a particular location that is apparently ordained by prevailing coastal/hydraulic processes despite prior dredging events. This, in turn, suggests that efforts to modify this orientation may be ultimately outweighed by the prevailing natural processes. This fact is presumably already recognized; the question remains as to how fast the inlet will seek to regain this orientation. In all, this does not mean that the proposed dredging project to straighten the channel is futile, ineffective, or not recommended. Indeed, the project will likely engender improvements to the inlet consistent with the project objectives. But, this review's simplistic analysis suggests that the straightened-channel improvements will not likely be stable. That is, the channel will likely tend toward the orientations illustrated in Figure 5(following page) after dredging. -9- oisen associates, inc. February 25, 2013 New Business 7-e 14 of 39 q � T t g:, '" Y ,fAP 4 6 P q/r...Yk „� ;k9Stq d ' 4 �. 4 ' a a '^ �?, see „,.. t R.'� : �� :- Figure 5—Approximate historical channel thalweg(centerline) locations •digitized from available LEGEND ssz— aerial photography. (The locations 's'e '' for •images from 1999 through 2010 rn9s» ''az00s --- are from Google Earth; those from 07 °°° �� 1962 and 1976 are from images that `12/2004""'"'"'” ,,,,,,',;,„.2, ,','Z:'41:q•;',,,z.,2,:;; ,1 ' N +rzo�om are"best-fit"to the modern images �, ei"crvv,),,,,, * ' and may be slightly less accurate.) 2007 bathymetry for Wiggins pass t ! 'o_ Cross-sectional area of flow nio ' g 1970 condition usr 2 0 4• i • 9 ' �_ 'f rsoo -1200 ens �o n cos : �� Wiggins pass cross section area prior to initial t dredging of 1884 - it Cross-sectional area of flow r �>� 6' 2007 condition T670 f x •1600 •1300 iir .i00 Wcross section present condition(Jan 2007) 1970 shoreline Figure 6 Inlet channel cross sections as mapped by Humiston& Moore(2007). The figure suggests a similar thalweg position prior to inlet dredging(1970)and in modern conditions(2007). 10 Olsen associates, inc. February 25,2013 New Business 7-e 15 of 39 Figure 7 compares the modern channel thalweg locations (1962-2010) with the project's proposed dredging template for the straightened channel. Across the inlet mouth and ebb tidal shoal, the location of the straightened (dredge) channel is north of the modern, prevailing location. It is recognized that the location and orientation of the dredged channel is ordained by rock features at the inlet mouth and the intent to create a linear alignment with the inlet throat. i i r A • �•> f 4 .*'4,=='" Onshore Disposal Areas -` iNearshore Disposal Area y j, a:6/ Flood Shoal ,,„;,.,1,,,,„,...,..,,,,,..,,/ •r' Disposal Area,. ',,i,,1 Ebb Shoal Disposals �� E ' Areas ,�t�p� A404,0.-../,• ,zilvrl. ,,,,:,,,,,„'„,..0,41.,, ,',, i,,,,-.,,,,4.,.:-..,:e4,..- , ..or 'e.,,,,-te.L.,:ve,-,•".", ..,, ',:s4,,,ii-it.„..-.: 2 t e ° 'z € Recent Thalweg ° A A?, t� Locations,A.•rox. ' ,:,;r'4.,',, ' Dredge-..A,F r e.,.a, r ah; 4 . a„, Nearshore Disposal Area LEGEND 1962 e 1976 : 1/1999 12/2004 Onshore Disposal Area 2 5/2007 4/ 006 ------ •11/2008------ site s , 2 a 4/2010 , zi Delncr-Wggins P s Sta, � >`` ,: �g .. s nom,• • • . ,,Lc Figure 7—Proposed inlet improvements with historical thalweg locations. 11 olsen associates, inc. February 25,2013 New Business 7-e 16 of 39 We therefore recognize that the design channel location and azimuth are not readily altered, nor are we recommending changes at this time. Instead, this graphic (Figure 7) simply describes the fact that the location of the natural channel across the mouth and inner ebb shoal is south of the design channel location. And, to the extent that the inlet's hydrodynamics will seek to restore the existing conditions (after the channel is straightened), it may be anticipated that the outer channel might seek to drift toward the south. Alternately stated, it is anticipated that there will be substantial shoaling pressure from the north across the inlet mouth and inner ebb shoal; viz., between channel sections 0+00 and 7+00, more or less. [In fact, the Year-One post-construction monitoring results after the 2011 dredging (H&M 2012) indicate heavy shoaling from the north along the landward half of this reach.] Again, this tendency for the dredged channel to shoal from the north and migrate toward the south will occur if and when the inlet's inherent existing flow regime overrules (dominates) the modified flow regime that is created by the straightened channel. In the medium- to long-term, changing the inherent existing flow regime would require other changes to the inlet (e.g., at the interior waterways and/or at the inlet mouth, by means described at the end of this report) beyond solely straightening the channel through periodic dredging. Shorelines, Ebb Shoal and Beach Erosion. The southern 3000-ft Gulf shoreline of Barefoot Beach, north of the inlet, has exhibited erosion equating to between about -14,000 cy/yr (1992- 2009) and -10,500 cy/yr (1979-2009). Over the same time periods, the northern 3000-ft shoreline of the State Park shoreline, south of the inlet, has exhibited accretion equating to between about +6,200 cy/yr and +2,400 cy/yr. These values presumably include the effects of periodic beach fill placement. Sand dredged from Wiggins Pass and placed on the adjacent shores— including the shores beyond the 3000-ft beach areas described above -- equates to about 10,400 cy/yr to the north and 9,500 cy/yr to the south, from 1984 to 2009.2 There is a substantial offset across the inlet. The south shoreline is offset Gulfward by almost 350 feet relative to the north shoreline. This appears to be mostly modern, or recent. The offset was not strongly evident in earlier photographs (1942-1978), with the exception of an image in 1962 that is atypical [see Figure 3]. It becomes increasingly noticeable at/after 1984; and this is presumably associated with the first placements of dredge spoil to the adjacent south shoreline. Some recent aerial images of the inlet (1962-2012) are included as Figure 8, following page. One can also presume that the dredging and other changes to the interior waterways in the early 1950's changed the overall littoral regime of the inlet. That is, it is reasonable to conclude that the dredging of interior waterways and construction of upland development significantly increased the inlet's tidal prism — which, in turn, would have changed the flow patterns at the inlet mouth and led to an increase in the ebb tidal shoal volume. 3 2 These values are adapted from Tables 2 and 5,p.9 and p.18 of CPE(2012). H&M(2007;p.9)describes increases in the Wiggins Pass ebb shoal volume as follows: from 0.25 Mcy in 1888 to 0.47 Mcy in 1970 to about 0.55 Mcy in 2000. 12 olsen associates, inc. F ebrry 75.7073 New 9uainew 7< 7 of 38 ■ I 11.1,,,,..,,,,,...07:2—-'.*,"\ 1 ,,,,,. \.„ w ,, ,, ,,,,,,i,,,', ,,„.'„ ,1 ,t/tr.014' x 4..f - r 3-14-1994 d 1 5-1999 �„ „1976 , te12-17-1962 1k ' , 117''' , ''-4: s \ , , , ,,.4,,,,, ■ 1 12-30-2004 4-5-2006 5-7-2007 1 „ ,', 11-30-2008 1 Ct;t" W,, :;,:,,, '-''' ' kkt,,, 1 \ , , „, , 4-1-2010 F.., 2.-3.0-2...011-30-2009 0 4-24-2012 Historical Aerial PhotogFigure raphy 8: 1962-2012 -13- February 25,2013 New Business 7-e 18 of 39 The sand required to fulfill the larger ebb shoal volume associated with the larger tidal prism had to come from somewhere; i.e., the local littoral system. It is likely that the sand was drawn from the existing beaches by currents (and deposited to the ebb shoal rather than being recycled to the beach), and that some portion of the incident littoral drift was intercepted (and deposited to the ebb shoal rather than being passed through the inlet system). The latter, in particular, would deprive the downdrift beach of sand moreso than the updrift beach. Thus, if the net littoral drift is south-to-north, then the growth of the ebb shoal -- occasioned by the 1950's dredging of interior channels -- would be ultimately manifest as increased relative erosion along the north (downdrift) beach. This is because sand was being diverted from the beaches to "feed" the growing ebb shoal requirements that were ordained by the increased tidal prism. Most recently, the north shoal of the ebb tidal platform has eroded. CPE (2012, p. 20) indicates that the core north ebb shoal erosion is on the order of 150,000 cy (since c. 1970). Recent deflation of the ebb shoal platform where it adjoins Barefoot Beach, north of the channel, is substantial. It is visually evidenced by H&M's (2007) graphic reproduced herein in Figure 6, on prior page 10. H&M (and CPE) attributes the cause to inlet dredging and the probability that more sand should have been spoiled to the north shoreline than the south, and placed closer to the inlet—observations with which we agree. The deflation of the north ebb shoal lobe has numerous adverse effects upon the system, most of which are specifically mentioned in the reports, particularly H&M (2004, 2007). As the nearshore seabed erodes, the north shoreline is subject to increased wave attack and tidal current flow close to the beach, both of which accelerate the erosion at the south end of Barefoot Beach. And, the deeper water across the shoal allows for a broader tidal flow area -- diverting flow from the primary channel alignment. This decreases tidal velocities in the channel, which in turn, increases the likelihood of shoaling in the channel, and thereby increases dredging requirements. Restoring and/or maintaining the sand beach along the south end of Barefoot Beach will require that the northern ebb shoal lobe — or at least its platform near the shore's toe — be restored. Hence, there is great merit in depositing sand across the northern ebb shoal and blocking (reducing) the tidal current flow from the north shoreline into the inlet. The importance of both of these project elements is identified in the prior reports by H&M and CPE. The proposed plan addresses these elements to the extent that dredged sand is available from the channel- straightening project. But, as CPE notes, additional sand is required along the north beach and northern ebb shoal platform to restore the overall beach system and meet the project objectives— beyond that which is included in the proposed work to dredge and straighten the channel. Transport Direction. Based upon our review of the reports and overall inlet behavior and setting, we concur that the net overall direction of littoral drift at Wiggins Pass is from south to north. We likewise concur there is a probable net reversal (to the south, toward the inlet) along the southern 800 feet of Barefoot Beach, more or less. At the same time, we believe that the magnitude of the net [northerly] drift is probably small relative to the gross drift. That is, the northerly- and southerly-directed drift rates are probably fairly balanced, with some net overall bias to the former. This supposition is reinforced by the fact that the location of Wiggins Pass 14 - open associates, inc. February 25, 2013 New Business 7-e 19 of 39 appears to have been very stable over at least the past century, or longer. On the Gulf coast, it is not uncommon for inlets to migrate long distances in response to net littoral drift. Small stable inlets established at a location where the net drift is modest and/or mostly balanced may more readily tend to retain both their size and location. This appears to apply to Wiggins Pass. The proposed project includes an adaptive management plan by which the locations of future maintenance-dredged sand will be determined by monitoring; i.e., as a function of local needs. Clearly, the present need for sand placement is along the Barefoot Beach shoreline and north ebb shoal platform (versus the State Park beach to the south). It is reasonably anticipated that this situation will continue to be the case in the future. We concur with the importance of placing sand closer to the inlet along Barefoot Beach, and we concur with the observation that sand placed farther north in the past has provided important benefit to Barefoot Island but has not necessarily benefited the south end of the County Park shoreline near the inlet. In this specific instance, per both engineering intuition and the model results (described below), it is likely that there is not necessarily a significant adverse effect, or risk, from placing reasonable amounts of dredged sand too close to the inlet on Barefoot Beach. NUMERICAL MODELING APPROACHES Numerical modeling of Wiggins Pass was completed by both CPE (2009, 2010, 2012) and Humiston & Moore (2007). Both investigations relied upon measured tide and current data in order to calibrate their respective models. Additionally, both models simulated multiple bathymetric conditions (historical, existing, with- and without-projects). However, the general modeling scopes, approaches, and overall depth of results vary between the studies. Humiston & Moore (H&M) applied flow and wave models contained in the Coastal Modeling System (a two-dimensional U.S. Army Corps of Engineers model) to predict current fields resulting from tidal flows and incident waves under static bathymetric conditions with variable water levels. The 2007 H&M report describes the results for only two generic, frequent storm wave conditions (northwest and west). Implications for sediment transport are assumed to have been derived from the resulting current fields -- since no graphic results of sediment transport pathways are presented. The conclusions reached appear to reply much more heavily on engineering judgment than direct model results; and we note that this is a wholly acceptable and sound approach. CPE applied the Delft3D model which similarly utilizes both flow and wave models. However, Delft3D was additionally used to compute three-dimensional (3-D) flow fields and compute seabed change resulting from sediment transport (i.e., morphologic changes) under varying bathymetric conditions. The Delft3D model was principally used to predict short- and intermediate-term morphologic changes resulting from an average annual wave climate. The results were typically presented as a series of relative comparisons and used to guide the design -15- oisen associates, inc. February 25,2013 New Business 7-e 20 of 39 and permitting of the presently proposed inlet improvements. The conclusions that are presented are generally limited to descriptions of model output. CPE initially modeled approximately 8 alternative inlet design improvements. After analysis, 4 revised channel design alternatives were selected for additional modeling, including longer-term 4-year simulations for both storm and average annual wave climates. A final alternative was selected, revised, and run with and without consideration of beach nourishment placement along Barefoot Island in order to assess the likelihood of placed material reentering the navigation channel. Given the stated scopes of work and objectives presented in each of the reports, it is our opinion that while the approaches of each investigation differ, each was generally appropriate and reasonable at their respective times of preparation and publication. MODEL CALIBRATION Tidal Models. Both of the numerical flow models were calibrated against field data in order to reproduce both measured tidal elevations and currents near the inlet mouth. The H&M model was also verified utilizing a different bathymetric and oceanographic dataset, while verification of the CPE model was not completed. While the CPE model was run in 3-D mode, the calibration relied upon comparison between measured and computed depth-averaged flows. Both calibrations appear to reasonably reproduce the measured data; although CPE did not include a map of the current fields predicted for both ebb and flood tides for the calibration of existing conditions. The apparently important flows at the head of the inlet (where the three interior channels meet) are difficult to discern, and are not calibrated owing to lack of data. Wave Models. CPE calibrated the wave model against hindcast and measured offshore/onshore datasets. The modeling report suggests that achieving a sufficient calibration result required modification of the model's default parameters. Based on the data presented, the end result was a reasonably calibrated wave model. It should be noted that a separate computation domain was created for the purposes of wave model calibration. The geographic extent of this domain was later expanded to include the influence of Sanibel Island on incident waves. Due to a presumed lack of matching deepwater and nearshore data, this larger wave model was apparently not independently calibrated; and instead it relied on the calibration of the small wave domain. Calibration of the H&M wave model was not discussed in their 2007 report. H&M applied a different wave model than CPE; therefore the significance of their seeming reliance on default model parameters is not readily discernible. CPE results specifically suggest sensitivity to the consideration of bottom friction, which have the potential to negatively influence the H&M model results if this factor had not been adequately incorporated. Morphological Model. The H&M modeling effort did not include morphological modeling. The 2007 report concludes that sediment transport is predominantly directed from north-to-south in the net. This conclusion is possibly related to the limited number of wave cases simulated and 16_ aisen associates, inc. February 25, 2013 New Business 7-e 21 of 39 not considering sheltering effects associated with Sanibel Island. They note that net transport is likely weak in magnitude whereby the gross sediment transport is strongly bimodal in nature. CPE states that the Delft3D model was calibrated based on qualitative and subjective analysis of the model's ability to adequately predict sedimentation and erosion patterns throughout the inlet rather than predicting absolute transport volumes. It appears the volume of material shoaling the existing permitted channel cut was the only quantitative measure of model performance; and based upon the results presented, their Delft3D model was capable of shoaling the existing channel with a sediment volume consistent with measured values (viz., 28,300 cy/yr modeled versus 26,400 cy/yr measured). Calibration of the Delft3D model was completed by systematically adjusting model parameters, which is standard practice. The initial modeling report also indicates, however, that the schematized wave cases were "slightly adjusted" to facilitate model calibration (CPE, 2009 pp. 24-25). Explanation regarding the justification for, and effects of, altering the incident wave climate should have been included in the report, as alternate schematizations of offshore waves have the potential to completely transform predicted net nearshore transport processes — particularly when primarily qualitative comparisons of performance are considered. Analysis (verification) of model results dealing with volumetric losses/gains elsewhere in the model (i.e., on adjacent shorelines, interior waterways, etc.) was not presented. That is, the ability of the model to predict erosion and/or accretion along the adjacent beaches was not established. CPE (2009) presents the results of their calibrated model along with a map of measured seabed changes one year after channel dredging. These results are reproduced in Figure 9.4 CPE correctly point out that the model appears capable of predicting the following: • an ebb shoal ridge interrupting the dredged channel template, • the estimated shoaling rate within the channel template, • overall erosion along the ebb shoal around the navigation channel, • erosion along Barefoot Island, south of R-15. While the above capabilities of the calibrated model appear to be accurate, the engineering analysis does not address several questions regarding the model calibration. Most notably are the following inconsistencies between measured and predicted seabed changes south of the channel, which are within the intended spatial scope of the model: • Measured data suggest significant seabed deposition along the ebb shoal south of the channel cut. This area, however, is predicted to be heavily erosional in the model result. • The measured data show the entire ebb platform north of the channel as erosional. The model predicts that much of the north lobe of the ebb shoal is accretional. • At the south limit of the measured data, nearshore erosion occurred. This area appears to be accretional in the model result. • No measured data within the inlet throat were compared to model output — possibly due to a lack of availability of the former [i.e., note lack of data in upper graphic of Figure 9]. 4 For figures copied directly from other reports `as published' figure labels are included for easier referencing. 17 , olsen associates, inc. February 25,2013 New Business 7-e 22 of 39 �„ N s F eattrymevy Change iR) IP S j � B r A? 8 87 .5 L 5.5` i te ,6: - , ,,,i;oorsit."4,,Offp, s 3.5 ti 4. °t 1.5 t 0.5 „eq a o5 , tii ' - 4 ''Z ' ''' ' -2.5 i a jk, 3.5 7$ tie .:, �� tnmr aauye mmpiNe '.� �.. ism, :ree Figure 15.Bathymetry change(in ft)between 2007(post dredge survey)and June 2008. Bathyrrffetry Change(ml t , ' Wkr-,,,, , l't5 '. o 5 . a �-Fie st ;t nti 21.534 at'yr {26,346 c��r} ..t.'� ., oJ'xuliute»IrEinii ;, '� in the channel. a 'ea+sa 4 --. .......... au+xis Figure 28.Simulated morphology change,calibration run X32 Figure 9—Measured seabed change(above)and Delft3D predicted seabed change(below). Figure 10 reproduces graphics from CPE (2009) detailing the predicted average annual net sediment transport pathways in and around the inlet. The figure appears to represent the results of a secondary calibration of the numerical model. Sediment transport pathways predicted from the initial calibration of the model are shown in Figure 11 for comparison. While the 2009 18 - oisen associates, inc. February 25, 2013 New of Business 7-e 39 , Sodinnent t Transport(mhnls) ,' rE t t •Figure ,Patterns and magnitude of net annual sediment transport potential.The darker the color brown. and the larger the crows,equates to higher sediment transport. Figure 10—Predicted net sediment transport potential within the study area. (CPE, 2009) li 4 Bedarnent , i, t transport(m (sfntj a " fr `-"t r ,c,',':'," fa �3 F r` 4 1 qe V' iF�ar5 t R i k ' •1 A de*UGS a 2etiX5 q410''' - t z, 2-3e•Oeh '' ,tunes "$ t AeLC+ ` a y 8 pa'�'44-06 N s 4 dS9 C Km s ? �q, Figure 34.Net annual sediment transport direction,Wiggins Pass,FL. Figure 11 —Predicted net sediment transport direction resulting from the calibrated model, prior to re- calibration(i.e.,"calibration#2). CPE, 2009. 19 _ Olsen associates, inc. February 25,2013 New Business 7-e 24 of 39 report identifies a "slightly modified" transport field following calibration #2, comparison between the two calibrated net transport vectors reveals substantial and fundamental differences: involving both transport magnitudes and overall trends in direction. Most notably, the direction of alongshore sediment transport south of the inlet differs, and the erosion potential off south Barefoot Island appears inconsistent. In any event, the results shown in Figure 10 appear to represent the `final' calibration used during production runs of the selected alternative. Based upon general comparison of the results shown in Figures 9 and 10, several observations on the model's ability to predict transport patterns are summarized as follows: Performance within the navigation channel. As mentioned, the model appears to deposit a reasonable volume of sediment into the channel annually. There is not enough information to completely understand the predicted, specific origins of shoaled material, although the transport pathways presented in the model appear physically reasonable given the limited level of detail reported. The model also suggests post-construction meandering of the navigation channel -- consistent with historical morphology -- which is physically reasonable without permanent channelization of inlet flows and/or alteration of flow emanating from the south interior channel. Channel Shoaling (modeled): o The predicted channel appears to shoal (a) with sediment which is primarily transported off Barefoot Beach, into the inlet, and subsequently mobilized west into the channel on an ebb tide; and (b) to a lesser extent the landward end of the ebb channel receives sediments derived from the southern ebb shoal platform. o There is potential for some sediment to exit the outer channel to the northwest and be transported back to Barefoot Island. Channel Shoaling (measured): o The 2012 physical monitoring report by H&M indicates the channel reaches near the inlet are shoaled hard from the north—excepting the very seaward end of the channel which shoals form the south at a lesser rate. This physical process is also identified in the 2009 CPE modeling report. The net transport vectors do predict some shoaling pressure from the north near the inlet, consistent with observations Performance north of the channel. Overall, the model appears to reasonably predict the major measured sediment transport patterns north of the channel. o The model does a good job in predicting the spatial extent of severe erosion measured along Barefoot Beach —the magnitude of this erosion, however, is not quantified or verified. o The nodal point (location of transport reversal) predicted near R-15.5 is physically reasonable and consistent with that which would be expected at the ebb shoal platform's primary attachment point to shore. o It is uncertain that the beach nearest the inlet receives much benefit from sediment which exits the channel and is mobilized towards Barefoot Island. 20,. oisen associates, inc. February 25,2013 New Business 7-e 25 of 39 Performance south of the channel. There are several inconsistencies with the model performance (predictions) south of the channel relative to the prototype. o The predicted net littoral drift south of the inlet is directed towards the south (see Figure 10). The revised sediment budget presented by CPE (2012) contrarily indicates net sediment transport at Wiggins Pass is towards the north between R-21 and the inlet. o The model predicts that the south ebb shoal is net erosional. But, to the contrary, H&M computed a net gain of about+120,000 cy on the southern ebb shoal between 1970 and 2007 (H&M, 2007. pp.7). And, CPE notes that the south ebb shoal gained +218,000 cy from 1970 to 2011 (CPE, 2012. p 20). o All predicted sediment transport potential is directed shoreward along the south ebb shoal. This is inconsistent with statements that suggest the net transport is from south- to-north; i.e., it suggests no tendency for sediment bypassing toward Barefoot Island. That is, in Figure 10, there is no indication of net northerly transport across the inlet. o The model results give no indication that the outer ebb channel shoals from the south, the latter of which is indicated by H&M physical monitoring (2012). Summary of model performance The H&M modeling effort is much smaller in scope relative to the CPE investigations and was not directly used in identifying the selected project alternative. H&M results describe hydrodynamic but not morphological changes resulting from simulated channel dredging alternatives. Morphological modeling is considered standard practice at the present time (but was less common in 2006-07). It is our opinion that H&M incorrectly concludes net southerly directed transport at Wiggins Pass; however, we concur that it is highly likely that gross transport is strongly bimodal resulting in a comparatively low net transport magnitude. That is, the net drift is probably small and therefore difficult to discern in direction. The conclusions by H&M related to historic ebb shoal deflation and the related negative impacts to Barefoot Island are logical and consistent with coastal engineering theory. The calibrated Delft3D model developed by CPE appears to meet the stated qualitative performance objectives defined in their engineering reports. Most prominently, the model is capable of depositing a reasonable volume of sediment into the navigation channel on an average annual basis. There remain significant questions regarding the predicted sediment transport pathways which are either unclear from the model results or are contrary to either measured data and/or stated physical process at Wiggins Pass. The majority of the model's inconsistencies appear to be related to transport south of the navigation channel. CPE correctly elects to present model results in terms of relative comparisons between various project alternatives. This practice can numerically minimize the significance of smaller performance issues (i.e., potential differences in transport magnitudes away from the channel and/or numerical anomalies in transport pathways). The apparent inability of the model to predict northerly-directed transport along the State Park shoreline (consistent with CPE's published sediment budget) reduces the -21- olsen associates, inc. February 25,2013 New Business 7-e 26 of 39 believability of model results along the south beach — as well as the influence of drift from the south beach upon the channel. There is insufficient detail and/or measured data to assess the flow and transport along the flood shoal portion of the inlet — particularly in regard to the hydrodynamic role played by the three interior waterways that converge at the inlet head. PERFORMANCE OF DREDGING ALTERNATIVES The selected project alternative was not specifically modeled by H&M. The channel dredging alternatives H&M simulates are much smaller in scale relative to the selected improvements and do not include infilling of the existing channel meander. H&M concluded that the modeled channel dredging alternatives would increase the hydraulic efficiency of the inlet, but each are expected to fall short of producing a channel which will reduce maintenance requirements. H&M also predict that there is a low likelihood that channel improvements alone will significantly reduce erosion along Barefoot Island. Their findings are reasonable given the information provided in their report and relative complexity of their modeling effort. Selected Alternative. The selected alternative was modeled by CPE for both with- and without-beach fill placement along Barefoot Beach as far south as R-15.5. CPE concludes that the selected alternative is able to improve conditions at Barefoot Beach and keep the channel deeper relative to existing conditions after 4 years. Morphology. Figure 12 reproduces the initial CPE bathymetry used as model input to describe the selected alternative. Figure 13 reproduces the bathymetry after a one year model simulation. The blue circle drawn in Figure 12 denotes a near vertical channel cut located at the south end of Barefoot Island. Given that sandy sediments are modeled in this area it is physically impossible to construct this condition. Further, physical monitoring completed by H&M indicates heavy southward channel shoaling historically occurs at this location. The Delft3D model is inherently incapable of modeling the gravity-induced avalanching of channel side-slopes to a proper subaqueous angle of repose. Considering this modeling limitation, it is reasonable to conclude that under field conditions this area of the channel would immediately shoal from the north unless channel velocities were sufficient to self-scour and effectively maintain the channel cut. While the initial condition is physically unreasonable, the model appears to adapt over time by eroding the southern point of Barefoot Island and migrating the channel at the inlet throat southward (see Figure 13) --which is a physically plausible outcome. The CPE reports conclude that there will be reduced outer channel shoaling volume over time under the preferred alternative. This would be expected to occur if(a) the channel was able to self-scour, given that the project does not directly stabilize the adjacent beaches; or (b) the channel rapidly fills and reaches a state of quasi-equilibrium. If self-scouring were indicated by the modeling result, one would expect that sand entering the channel would be transported seaward by the increased ebb currents and deposited seaward of the existing ebb shoal platform — effectively elongating the ebb shoal platform over time. 22- o'sen associates, inc. ,2013 New Busine25ss 7-e 27e of 39 February Water Depth(m) 0.5 -0.25 i � - '-175 zo,` •2.5 ,..: \,, ,, .t.o. , -4 7 ---3.25 1. -4.75 w tor •� -5.5 sg,, -6.25 I I I I I I 7 23D y.a, 'StTy 1s 1�.W yrem Figure 27-Initial bathymetry-New Alternative. Figure 12—Initial bathymetry used to describe the preferred alternative, including placement of 50,000 cy of beach fill between R-12.5 and R15.5, on Barefoot Island. Water Depth(m) p0:5:: 4° ,A ". �V1v„WM a W�^�' —-3.25 .... ppff ., ,. `:� -4.75 . -5.5 s -6.25 1 I I I I I -7 Figure 28-Final bathymetry(1 year)-New Alternative. Figure 13—Final predicted bathymetry following a one year simulation of the selected alternative,with beach fill. 23 - olsen associates, inc. February 25,2013 New Business 7-e 28 of 39 Figure 14 reproduces the predicted sedimentation and erosion patterns after one year as well as a comparison between the final bathymetry predicted for with- and without-project conditions after one year. The latter plot reflects seabed changes predicted as a direct result of the selected alternative [proposed project] after one year. It is important to note that the effects of dredge and beach fill operations are included in the relative comparison (bottom figure). Erosion/ Sedimentation(m) 2 15 41. fie. 0.5 BSI it k {gg "" - g -0.5 -15 i I I I I 4 yarn 'SUyr.d= !JV a,m '2 Figure 29-Cumulative erosion/sedimentation.,-Nev.Alternative 11 year). Relative ���s Change(m) 2 • 15 l 1 ": F 05 1,77 a 1,1. 4 -1.5 ba I i I i I •.S yuds '30 vends ?230 yards 2 Figure 30-Relative change of New Alternative vs existing condition-1 year. Figure 14—One year performance of the selected alternative. Upper: sedimentation and erosion patterns of the selected alternative. Lower: seabed changes attributable to the selected alternative relative to existing conditions. 24 - olsen associates, inc. February 25,2013 New Business 7-e 29 of 39 The results indicate continued erosion at the south end of Barefoot Island; however, the resultant seabed elevation is an improvement relative to existing conditions. Further, the model indicates accretion of the shoreline along Barefoot Island relative to existing conditions. CPE does not quantify the volume change along this reach; as such, it is not possible to estimate the amount of beach fill remaining in time. (This issue is discussed later, in regard to the 4-year results.) There are two areas of concern in the "one-year" result which are not fully discussed by CPE. The first is an apparent area of erosion along the northern beaches at the State Park, which is attributable to the selected alternative (Figure 14, bottom pane). In this area, the model typically predicts a depositional environment, with some minor nearshore erosion. This could suggest the relative changes represent reduced accretion -- as opposed to induced or increased erosion — relative to the existing conditions scenario. There is not enough detail to make a definitive conclusion; however, the shoreline here has been historically accretional, suggesting that this effect is reduced accretion (not erosion). After 4 years, this signal appears to diminish in both magnitude and area suggesting the likelihood of model `noise' or a temporary physical process (see Figure 15, following page). A second area of potential concern involves the predicted deflation of nearly the entire ebb shoal platform after one year -- directly attributable to the project alternative relative to existing conditions. (See the comparison of the with-project and existing conditions, Figure 14 lower pane). As previously mentioned herein, if the post-construction inlet was indeed self-scouring, one would anticipate seaward elongation of the ebb shoal over time. This would be manifest as deflation of the landward portion of the shoal and associated shoaling (accretion) along the seaward edge of the shoal. The model does indicate a small area of deposition seaward of the ebb platform, and this may reflect the effects of increased ebb currents which are moving sand further offshore because of the straight, dredged channel. Concerns over the apparent project- induced ebb platform deflation were also raised by FDEP during the project permitting process. The predicted deflation of the ebb shoal platform is not otherwise discussed or explained. Figure 15 recreates the published relative comparison of the selected alternative with existing conditions after a 4 year simulation. The model result does indicate a widening area of deposition seaward of the ebb shoal relative to the 1-year simulation. This suggests that over time, ebb currents appear to be capable of mobilizing sediment out of the channel, although the predicted erosion/sedimentation patterns for this simulation (not shown) indicate significant infilling along the seaward channel ranges. The remainder of the ebb shoal is predicted to continue deflating as a result of the project. A volumetric comparison of ebb shoal losses and gains would be educational in determining the significance, if any, of this potential impact. Interestingly, the seaward-most reaches of the navigation channel are not shaded in Figure 15. These areas indicate little to no change relative to existing conditions (see, for example, the blue- circled area in Figure 15). The location of this area relative to the design channel-dredging limits is not clear. An outline depicting the project's dredge and fill limits, superimposed upon each graphical output of the modeling results, would be useful in this regard. -25 - oisen associates, inc. February 25,2013 New Business 7-e 30 of 39 The relative comparison does indicate continued benefit to Barefoot Island after 4 years. This includes the direct effects of beach fill. Without quantification of volumetric changes predicted by the model along this reach, it is difficult to accurately assess the likelihood that the fill will indeed remain in place in 4 years. A very rough guesstimate can be computed using CPE's revised sediment budget. The CPE sediment budget indicates the littoral cell covering R-14 to R-16 is expected to erode at an average annual rate of about -13,200 cy/yr (CPE, 2012). Over 4 years, this suggests a total loss of about 52,800 cy, about 105% larger than the volume of fill placed between R-12.5 and R-15.5. The margin is close enough to consider evaluating the ability of the model to mobilize (erode) a physically accurate volume of sediment along this reach. That is, the historical performance (or at least, the sediment budget) suggests that the project's fill will be depleted along Barefoot Beach after 4 years. The predicted benefit (green shading) along Barefoot Beach may otherwise suggest that the fill is retained, or the selected alternative is capable of decreasing the erosion stress in this area -- such that the longevity of the fill is increased. This outcome, of course, remains to be determined. :: Relative . `` . , ' Change(m) 1.5 1 1 0.5 i -0.5 471 1 Ilk , -1.5 I I I I f 0 yards 240 yards 400 pm dc )GOD vends - -z Figure 38-Relative change of New Alternative vs. existing condition-4 years. Figure 15—Seabed changes attributable to the selected alternative after 4 years. -26- olsen associates, inc. February 25,2013 New Business 7-e 31 of 39 Physical Performance. The CPE modeling report suggests that channel shoaling reduces over time such that the 4 year average annual rate of shoaling is about 12,800 cy/yr under existing (prior project) conditions. That is, it apparently reduces from over 26,000 cy/yr in year 1 to a very small value in years 3 and 4. This is likely due to the propensity of the outer channel cut to rapidly shoal to pre-construction conditions. The equivalent 4-year average annual rate of shoaling for the proposed project alternative is predicted be about 8,600 cy/yr5 -- a significant reduction relative to existing conditions. The predicted rapidly diminishing rate of predicted shoaling is similar to existing (prior project) measured conditions whereby the dredged outer channel shoals hard and rapidly in about one year, then slows its rate of shoaling as the channel is filled and equilibrated. At this point — which occurs within 1 or 2 years at most in existing conditions -- the channel is barely navigable and requires dredging. This makes long-term (4-year) estimates of shoaling rates less meaningful in practical terms; that is, the important rate of shoaling is that which corresponds to the requisite dredging interval. The modeling indicates that this anticipated pattern of rapid shoaling —which decreases to a minimal level after 2 or 3 years -- is expected to continue with the project. This suggests the system will reach a quasi-equilibrium state. Long-term average shoaling rates are practical, if a navigable channel exists after 4 years. The Delft3D modeling suggests that after 4 years a navigable channel will remain, albeit one which is slight aligned northward of the initial cut orientation. That is,the limiting depth after 4 years under the selected alternative is deeper than - 1.75 meters (6 ft), compared with about-1 m (3.3 ft) under the existing (prior project) conditions. Based on the information provided in the modeling reports, we cannot decisively comment on the likelihood of a given magnitude of reduction in shoaling volume or the potential rate of infilling, but we concur that a more efficient channel should allow for a reduction in maintenance activity. The permit's acknowledgement of the possible need for intermittent channel dredging (up to 10,000 cy per action) between 4-year maintenance cycles appears to be a prudent measure to safeguard against uncertainty in the model results; and this should be likewise acknowledged in budget planning/operations for the Pass. Modeling results indicate that placement of beach fill north of R-15.5 will not have significant negative effect on channel performance. Based on the location of the predicted nodal point along Barefoot Beach (the point where transport is net northerly), this is likely true because most of the fill would be expected to move northward over time. It is also clear that some placed sediment will be transported back into the inlet. CPE describes this volume as insignificant. If the predicted location of the nodal point is accurate (which is probably true), this should be the case. Given that the model calibration is largely described in terms of generalities, the possibility certainly exists for differing eventualities. Nonetheless, placement of fill at and north of R-15.5 on Barefoot Beach is warranted. 5 The 2009&2012 reports suggest the selected alternative shoals at an average annual rate of 8,600 cy/yr(CPE, 2009 p 70). 27_ olsen associates, inc. February 25, 2013 New Business 7-e 32 of 39 POTENTIAL ADDITIONAL MODELING EXERCISES The CPE report indicates that while the initial fill along Barefoot Island appears to offer benefit relative to existing conditions, 50,000 cy is not sufficient to mitigate the erosion which has occurred along this reach since at least the 1970's. CPE recommended continued sand placement and nourishment north of the inlet. We concur with this assessment and additionally suggest that an evaluation of shore protection structures (most probably semi-permeable groin(s)) using the Delft3D model would be of benefit. This is discussed in the section, below. The effects of some type of flow diversion dike, or similar, at the mouth of the southernmost interior waterway (to Water Turkey Bay) are of particular interest. Construction of this channel significantly altered the inlet morphology. As such, it would be prudent to investigate its effects should the proposed alternative fall short of design expectations. Additional data collection and model calibration would be required in order to reasonably model the interior hydraulics using the exiting numerical domains. This specifically includes measurement of the water flow near the mouths of the three interior waterways where they join the inlet channel, also discussed int the section, below. ALTERNATIVES (FUTURE CONSIDERATIONS) Beyond the dredge-and-fill alternatives investigated in the prior reports, consideration might be made of the following alternatives for possible future improvements to meet overall project objectives. The appropriateness of, and need for, any of these alternatives will be determined by the observed performance of the proposed project after construction. That is, implementation of any of these alternatives is not presently recommended in lieu of, or addition to, the proposed project that is anticipated for construction in 2013. 1. First and foremost, the proposed plan (c. 2013) is fundamentally viable and recommended for implementation. The project should be constructed and monitored. Any subsequent actions or modifications will be informed by the observed performance of the constructed plan. 2. It is speculated that the design location of the outer channel across the ebb shoal may be too far north [see Figure 7, page 11]. Consider means to relocate this farther south if warranted; or, perhaps, monitoring results may suggest that some curvature be introduced to the channel to follow the inlet channel's natural tendencies across the ebb shoal. 3. To the extent that it is forcing the northward meander of the flood-shoal inlet channel, consider means to modify/shunt the northward-directed flow from the south waterway (Water Turkey Bay) toward the west. Toward this end, or in any case, flow (current) measurements should be made at the mouths of the three waterways that join the inlet channel at the inlet's head. These data are needed to assess the influence that these three channels have upon the channel's morphology. [See Figures 4a and 4b, page 8.] These measurements could be made by multiple Acoustic Doppler Current Profilers (ADCP); or, more practically and economically, 28 - olsen associates, inc. February 25,2013 New Business 7-e 33 of 39 they could be made by a single boat-mounted ADCP that traverses each mouth and the inlet throat multiple times throughout one typical spring-tide cycle.6 These measurements would be preferably repeated after a heavy rainfall, because it is likely that freshwater run-off will significantly affect the results. 4. If the straight channel adequately increases velocities and scour throughout the channel, but it is too quickly pushed back to a northerly meander across the flood shoal, then consideration might be given to hard structures (training dikes) to constrain the straight flood channel in the interior part of the inlet. A possible alternative to this action, however, could be a flow diversion structure at the mouth of the south waterway to Water Turkey Bay, noted in the prior paragraph (#3). 5. Wholesale reduction of shoaling across the ebb shoal channel, and retention of sand upon the adjacent beaches, would require semi-classical, long inlet jetties on one or both sides of the inlet. This is not a recommended alternative at this inlet given these structures' probable adverse impact upon the overall littoral system. 6. It appears that a central tenet to (1) reducing critical shoaling at the inlet mouth, and (2) reducing erosion along the south end of Barefoot Beach, is to regulate the drift of sand from the south end of Barefoot Island into the inlet mouth. Modest-scale, low-profile (or possibly permeable) beach erosion control structures may be ultimately warranted at the south end of Barefoot Beach. These might consist of a semi-permeable terminal groin at the end of the island with, perhaps, one or more weak T-head structures further updrift along the southern 800 feet of the shoreline, more or less. Detached breakwaters (in lieu of a terminal groin and/or weakly shore connected structures) are probably not recommended because of the potential for flow to develop in their lee. Again, the degree to which such coastal structures may be warranted will be determined in significant part by the observed behavior of the presently proposed inlet improvement project. 7. The utility of similar, small-scale structures at the terminal end of the south beach — toward regulating sand flow into the inlet and channel — is presently less apparent than for the north beach. It is probable that other approaches, outlined above, may be more effective in improving project performance; to be determined. 8. Finally, the need for supplemental nourishment of the Barefoot Beach shoreline (and to partly restore the ebb tidal platform on the north side of the channel) is apparent for the future; i.e., beyond those improvements and sand placements to be made by the presently proposed project. 6 We've had success with that boat-mounted ADCP approach for similar assignments at several inlet locations. -29 - olsen associates, inc. February 25, 2013 New Business 7-e 34 of 39 SUMMARY It is our independent opinion that the presently proposed and permitted project should be implemented at Wiggins Pass (anticipated for construction in 2013), and the performance monitored to inform future actions. The proposed project is viable and presents a reasonable likelihood of improving conditions and meeting the project objectives, relative to current practices. To the extent that the implemented project does not wholly meet expectations or predictions, it appears that the project plan may be rationally enhanced in the future by one or more modifications outlined in the preceding section. Again, the need for, or appropriateness of, these modifications will be determined by the performance of the constructed project. And, in any event, the pre-requisite for incorporating any such future modifications, if any — such as for purposes of permitting etcetera—must be the monitored performance of the fundamental project as presently proposed. Simply stated,the County needs to build this project first, and observe it. In terms of project performance and objectives, it is reasonably likely that the project will improve navigation and reduce the immediacy for dredging relative to present conditions; and it will certainly do so through avoidance and minimization of adverse environmental effect, including to the State Park. It is an economical solution, recognizing that there may be further long-term economic efficiencies to be achieved through future project enhancements — but these efficiencies, if any, cannot be affirmed until after the performance of the proposed project in 2013 is assessed. The project's probable success in mitigating erosion at Barefoot Beach is uncertain. This success will depend upon the degree to which the project can hydraulically isolate the straightened channel from Barefoot Island and reduce the tidal flow off the beach through the placement of dredged sand. The improved hydraulic efficiency of the new channel may more readily displace sand offshore, extending the ebb shoal platform further seaward, which would not improve conditions at Barefoot Beach. But, this might be offset by the project's placement of dredged sand along the south end of this beach and the associated reduction of tidal flows between the beach and the inlet. This will be determined through observation of the completed project. The extent to which the project's numerical modeling is wholly accurate is less important than it may seem. Numerical modeling is a tool that informs — but does not determine — the physical processes of a site and a proxy outcome of a considered project. Per this review, the modeling undertaken for the Wiggins Pass projects, by both prior investigators, is considered to be informative and to have been executed according to prevailing standards of practice within the limits of those data available for calibration. Assessing the probable success, and uncertainties, of such a coastal project is ultimately dependent upon the Engineer's experience and understanding of the site based upon myriad available input data. In the present instance, the consensus conclusion is that the fundamental approach of the proposed project is sufficiently valid for implementation, monitoring, and possible future enhancement as may be determined through assessment of the project's post-construction performance. -30- olsen associates, inc. • February 25, 2013 New Business 7-e 35 of 39 REFERENCES (Partial list of reports reviewed for this investigation, as cited in this report.)7 H&M (2004). "Wiggins Pass Feasibility Phase, Alternatives for Modifying the Wiggins Pass Maintenance Dredging Permit to Address Erosion of Barefoot Beach." Prepared by Humiston & Moore Engineers. Prepared for Board of County Commissioners, Collier County, FL. H&M (2007). "Wiggins Pass Study. Hydrodynamic and Sand Transport Modeling." Prepared by Humiston & Moore Engineers for Collier County. August 2007. H&M (2012). "Wiggins Pass Maintenance Dredging 2012 One-Year Post Construction Monitoring Summary." Physical monitoring report prepared by Humiston & Moore Engineers for Collier County. HM File No. 18022/11054. August 2012. CPE (1995). "Wiggins Pass Inlet Management Plan". Prepared by Coastal Planning & Engineering, Inc. August 1995. CPE (2009). "Wiggins Pass, Collier County, FL. Numerical Modeling of Wave Propagation, Currents and Morphology Changes Phase II: Numerical Modeling of Alternatives Report." Prepared for Collier County Wiggins Pass Modeling Evaluation Working Group and Coastal Zone Management Department. Prepared by Coastal Planning& Engineering, Inc. January 2009. CPE (2010). "Engineering Report for a Maintenance Dredging, Navigation Improvement and Erosion Reduction Project for Wiggins Pass, Florida". Prepared by Coastal Planning& Engineering, Inc. February 2010. CPE (2012). "Engineering Report of an Inlet Management Study in Support of Maintenance Dredging, Navigation Improvement and Erosion Reduction Project For Wiggins Pass, Florida" Prepared for Collier County Coastal Zone Management. Prepared By Coastal Planning& Engineering, Inc., 2481 N.W. Boca Raton Blvd., Boca Raton, FL 33431. January 2012. Report includes updated modeling report as Appendix D, completed in February 2010. Many additional reports and correspondence were reviewed for this report,but are not listed herein.The literature listed above represent the fundamental source materials described in this review. 31 olsen associates, inc. February 25,2013 New Business 7-e 36 of 39 Response by Stephen Keehn, P.E.Coastal Planning& Engineering Inc. to the PEER REVIEW OF PROPOSED DREDGE IMPROVEMENTS AT WIGGINS PASS, FLORIDA by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.; Olsen Associates, Inc. December 14, 2012. We concur with Olsen Associates, Inc conclusions that the "...the fundamental project approach is sound, as proposed for the upcoming construction"at Wiggins Pass (December 14,2012). We also recognize there are uncertainties that will be addressed by the project monitoring plan and a flexible and dynamic maintenance plan. Some of Olsen's' largest concerns are based on nuances easily over looked.An understanding of the nuances can better explain why the specific alternatives and study methods were selected. The following points describe some of these nuances: Olsen notes that the channel cuts deep near the south point of Barefoot Beach (Station C4-C7) and could increase erosion at this point.The Florida Park Service was concerned about impacts along their interior shoreline at Delnor Wiggins Pass State Park, and the final channel alignment was modified to address their concerns. This alignment was selected to be half way between the 2010 MHW shoreline on both parks as shown in Olsen's Figure 2. Initially we proposed a western slanting transition for the Vanderbilt channel to the main channel, but eliminated it due to these concerns. The Park Service had strong support from many on the FDEP permitting staff and was a major influence on the final design.The pass has been in this alignment in the past as illustrated by the 1927 and 1970 shorelines in Figure 2 of CPE "Engineering Report" (2012). Olsen's paper spent considerable time addressing the channel migration to the north, concluding it was largely caused by the Vanderbilt Channel opening in the 1950s. A look at historic information (maps,aerial and historic shoreline locations provided in the Engineering Report(see figure 6 and Appendix B) illustrate that the channel migration and ebb shoal growth was well underway before the Vanderbilt Channel was opened. Even if the hydraulics changed significantly after the Vanderbilt Channel was opened,the speed of the northern migration is manageable, moving 100 feet between the 1970s and 2009(approximately 3 feet per year). Northern channel movement is addressed by the dynamic maintenance plan for the pass. Olsen's modeling comments describe a more comprehensive and costly effort than was contracted for by Collier County. The contracted modeling approach concentrated on showing the advantages of a straighter channel by comparing the existing plan with new plans using a model calibrated for the Gulf opening. This modeling method was selected to reduce survey, current measurements and modeling effort cost for an economical analysis. Olsen suggests that a more comprehensive modeling study is needed to better resolve the channel intersection and the beach processes. The selected methods avoided detailed measurements in the tributary channels,since the primary objectives were reducing erosion at Barefoot Beach and enhancing February 25,2013 New Business 7-e 37 of 39 navigation thru the ebb channel. As indicated above, northern migration of the flood channel is expected to be only 3 feet per year and will be managed by the channel maintenance dredging program. The flood channel has been historically easier to manage. We agree with Olsen's conclusion for moving forward with construction. The cost of additional studies would be better spent in implementing the proposed project, monitoring its performance and making adjustment to the project in the future based on what is learned. This is especially true where coastal processes swing between northwest to southwest wave and climate domination on a regular basis. References: Olsen Associates, Inc. (Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.). Peer Review of Proposed Dredge Improvements at Wiggins Pass, December 14, 2012. Coastal Planning& Engineering Inc. "Engineering Report of an Inlet Management Study in Support of Maintenance Dredging, Navigation Improvement and Erosion Reduction Project For Wiggins Pass, Florida", 2012. February 25, 2013 New Business 7-e 38 of 39 Response by Stephen Keehn, P.E. Coastal Planning& Engineering Inc. to the PEER REVIEW OF PROPOSED DREDGE IMPROVEMENTS AT WIGGINS PASS, FLORIDA by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.; Olsen Associates, Inc. December 14, 2012. We concur with Olsen Associates, Inc conclusions that the "...the fundamental project approach is sound, as proposed for the upcoming construction" at Wiggins Pass (December 14, 2012). We also recognize there are uncertainties that will be addressed by the project monitoring plan and a flexible and dynamic maintenance plan. Some of Olsen's' largest concerns are based on nuances easily over looked. An understanding of the nuances can better explain why the specific alternatives and study methods were selected. The following points describe some of these nuances: Olsen notes that the channel cuts deep near the south point of Barefoot Beach (Station C4-C7) and could increase erosion at this point.The Florida Park Service was concerned about impacts along their interior shoreline at Delnor Wiggins Pass State Park, and the final channel alignment was modified to address their concerns. This alignment was selected to be half way between the 2010 MHW shoreline on both parks as shown in Olsen's Figure 2. Initially we proposed a western slanting transition for the Vanderbilt channel to the main channel, but eliminated it due to these concerns. The Park Service had strong support from many on the FDEP permitting staff and was a major influence on the final design.The pass has been in this alignment in the past as illustrated by the 1927 and 1970 shorelines in Figure 2 of CPE "Engineering Report" (2012). Olsen's paper spent considerable time addressing the channel migration to the north, concluding it was largely caused by the Vanderbilt Channel opening in the 1950s. A look at historic information (maps,aerial and historic shoreline locations provided in the Engineering Report(see figure 6 and Appendix B) illustrate that the channel migration and ebb shoal growth was well underway before the Vanderbilt Channel was opened. Even if the hydraulics changed significantly after the Vanderbilt Channel was opened,the speed of the northern migration is manageable, moving 100 feet between the 1970s and 2009 (approximately 3 feet per year). Northern channel movement is addressed by the dynamic maintenance plan for the pass. Olsen's modeling comments describe a more comprehensive and costly effort than was contracted for by Collier County. The contracted modeling approach concentrated on showing the advantages of a straighter channel by comparing the existing plan with new plans using a model calibrated for the Gulf opening. This modeling method was selected to reduce survey, current measurements and modeling effort cost for an economical analysis. Olsen suggests that a more comprehensive modeling study is needed to better resolve the channel intersection and the beach processes. The selected methods avoided detailed measurements in the tributary channels, since the primary objectives were reducing erosion at Barefoot Beach and enhancing February 25,2013 New Business 7-e 39 of 39 navigation thru the ebb channel. As indicated above, northern migration of the flood channel is expected to be only 3 feet per year and will be managed by the channel maintenance dredging program. The flood channel has been historically easier to manage. We agree with Olsen's conclusion for moving forward with construction. The cost of additional studies would be better spent in implementing the proposed project, monitoring its performance and making adjustment to the project in the future based on what is learned. This is especially true where coastal processes swing between northwest to southwest wave and climate domination on a regular basis. References: Olsen Associates, Inc. (Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.). Peer Review of Proposed Dredge Improvements at Wiggins Pass, December 14,2012. Coastal Planning& Engineering Inc. "Engineering Report of an Inlet Management Study in Support of Maintenance Dredging, Navigation Improvement and Erosion Reduction Project For Wiggins Pass, Florida", 2012. February 25,2013 New Business 7-f 1 of 146 EXECUTIVE SUMMARY Recommendation to award Bid No. 13-6009 to Cavache, Inc, in the amount of$630,185 for the South Marco Beach Sand Renourishment Project No. 80211. OBJECTIVE: Recommendation to award Bid No. 13-6009 to Cavache, Inc. in the amount of $630,185. CONSIDERATION: On May 22, 2012 (Item 11A), the Board of County Commissioners (BCC) approved the conceptual plans, for the FY12/13 Marco South beach renourishment and structure rebuild project and directed staff to develop a six year renourishment design for the beaches. At the June 26, 2012 meeting (Item 11B), the BCC approved the design engineering and permitting services for the South Marco Beach Renourishment& Erosion Control Structure rebuild project. The beach renourishment portion of this project included the placement of approximately 77,000 cubic yards (CY's) of beach compatible sediment along Marco Island's southern shoreline to obtain a six year design life. As an option an additional 15,000 CY's of sand to account for Tropical Storm Debbie losses will be placed on the South Marco Beach if Federal Emergency Management Agency (FEMA) funding is approved on a timely basis to be included in the renourishment. The borrow area is located south of the fill area within the previously permitted and utilized Caxambas Pass borrow site. Bids were posted in the lobby of the Purchasing Department on November 15, 2012 with 1,370 vendors notified and 55 bidders downloading the plans and specifications. On December 19, 2012, four (4) bids were received by the deadline for the South Marco Beach Sand Renourishment Project Bid No. 13-6009. The apparent lowest qualified and responsive bidder was Cavache, Inc. Staff evaluated the bids that were received and determined that Cavache, Inc. is the lowest qualified and responsive bidder for the award of Bid No. 13-6009. The Engineer's opinion of probable cost of construction was projected at $1,570,000 including a 30% contingency. The actual bid is significantly lower than the engineer's estimate due to equipment availability and mobilization / demobilization savings. The bid tabulation is as follows: Bid Tabulation ZEP Construction, Inc. $2,284,940.00 Norfolk Dredging, Co. $1,380,000.00 Florida Dredge and Dock, Inc. $ 993,000.00 Cavache, Inc. $ 630,185.00 Staff recommends that Bid No. 13-6009 be awarded to Cavache, Inc. as the lowest qualified and responsive bidder. FISCAL IMPACT: Funding for this project will be from Tourist Development Tax, Fund 195. Current funding for this project is available in Project 80211. February 25,2013 New Business 7-f 2 of 146 GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was unanimously recommended for approval by a 7 to 0 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. —CMG RECOMMENDATION: Recommendation to award Bid No. 13-6009 to Cavache, Inc, in the amount of$630,185.00 for the South Marco Beach Renourishment Project No. 80211. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department Attachments: A) Bid Tabulations B) Contract 13-6009 Project Manager:Clint Perryman Bid No.13-6009 South Marco Beach Re-Nourishment Project 3,09Runv 370 Date Posted 11/15/2012 Notw4 8wnloaded:55 Date Due: 12/19/2012 Bids Recieved 4 Number Description Unit Qty Florida Dredge Cavache,Inc ZEP Norfolk and Dock,Inc. Construction,Inc. Dredging,Co. 1 Mobilization&Demobilization LS 1 $133,000.00 $254,825.00 $550,000.00 $520,000.00 2 Beach Fill CY 77000 $770,000.00 $314,160.00 $1,479,940.00 $770,000.00 3 Additional Sand Placement CY 15000 $90,000.00 $61,200.00 $255,000.00 $90,000.00 Total $993,000.00 $630,185.00 $2,284,940.00 $1,380,000.00 Material Manufactures (Yes/No): Yes Yes Yes Yes List of Subcontractors (Yes/No): Yes Yes Yes Yes Statement of Experience of Bidder (Yes/No): Yes Yes Yes Yes Trench Safety Act (Yes/No): Yes Yes Yes Yes Local Vendor (Yes/No): No No No No E-Verify(Yes/No): Yes Yes Yes Yes Immigration Affidavit(Yes/No) Yes Yes Yes Yes Bid Bond (yes/No): Yes Yes Yes Yes Opened By Scott Johnson Witnessed By: Nicole Parker February 25,2013 New Business 7-f 4 of Cofeer minty Administrative Services Divis4on Purchasing South Marco Beach Sand Re-nourishment COLLIER COUNTY BID NO. 13-6009 COLLIER COUNTY, FLORIDA Scott Johnson, Procurement Strategist Email: ScottJohnson @colliergov.net Telephone: (239) 252 - 8995 FAX: (239) 252 - 6588 Design Professional: Coastal Engineering Consultants, Inc. 1 I IF OFF Purchasing Department.3327 Tamiami Trail East•Naples,Florida 34112-4901 mm.colkergov.netlpurchasing 1 Construction Services Agreement for Grant Funded Projects: 1/1/2012 • February 25,2013 New Business 7-f 5 of 146 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B -INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 13 BID SCHEDULE 14 MATERIAL MANUFACTURERS 15 LIST OF MAJOR SUBCONTRACTORS 16 STATEMENT OF EXPERIENCE OF BIDDER 18 TRENCH SAFETY ACT 19 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 20 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 21 BID BOND 25 BIDDERS CHECK LIST 27 CONSTRUCTION AGREEMENT 28 EXHIBIT A 1: PUBLIC PAYMENT BOND 35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 38 EXHIBIT B: INSURANCE REQUIREMENTS 41 INSURANCE AND BONDING REQUIREMENTS 43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 46 EXHIBIT E: CHANGE ORDER 49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 51 • EXHIBIT G: FINAL PAYMENT CHECKLIST 53 EXHIBIT H: GENERAL TERMS AND CONDITIONS 55 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 88 EXHIBIT J: TECHNICAL SPECIFICATIONS 89 EXHIBIT K: PERMITS 90 EXHIBIT L: STANDARD DETAILS 91 EXHIBIT M: PLANS AND SPECIFICATIONS 92 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 93 2 Construction Services Agreement for Grant Funded Protects: 1/1/2012 February 25,2013 New Business 7-f 6 of 146 > Co . rty Acimir4—strative Services Division rang PUBLIC NOTICE INVITATION TO BID South Marco Beach Sand Re-nourishment COUNTY BID NO. 13-6009 Separate sealed bids for the construction of South Marco Beach Sand Re-nourishment, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 13th day of December, 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 29th day of November, 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, South Marco Beach Sand Re-nourishment Bid No. 13- 6009 and Bid Date of December 7, 2012". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the 3 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25, 2013 New Business 7-f 7 of 146 State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances, and comply with all grant requirements included in this document, or by reference. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within ninety days (90) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 15th day of November, 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 8 of 146 PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 14 — 26 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 9 of 146 enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement for Grant Funded Projects: 1/1/2012 February 25,2013 New Business 7-f 10 of 146 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7 Construction Services Agreement for Grant Funded Projects: 1/1/2012 February 25,2013 New Business 7-f 11 of 146 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. 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 these Bidding Documents 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 Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the 8 Construction Services Agreement for Grant Funded Projects: 1/1/2012 February 25, 2013 New Business 7-f 12 of 146 actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder 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 holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 9 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 13 of 146 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 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.org/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. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith 10 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 14 of 146 performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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. Section 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 response. 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 11 Construction Services Agreement for Grant Funded Projects: 1/1/2012 February 25, 2013 New Business 7-f 15 of 146 solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, 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. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public 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 from the date of being placed on the convicted vendor list." • 12 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25, 2013 New Business 7-f 16 of 146 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA South Marco Beach Sand Re-nourishment BID NO. 13-6009 Full Name of Bidder C Av P C N E I NC . �� Main Business Address 280 NW 12+ A'E )Po t1/44 PAN NO 8 c1-411.---L Place of Business san1 e— ll f ¢ Telephone No.-154 5(o 0001 Fax No. Cf R43 8550 State Contractor's License# CC2C 15 2 01 1 5 State of Florida Certificate of Authority Document Number PD 200012.03q 1 Federal Tax Identification Number 14'I b5`r o9 .. Firm's Dun and Bradstreet I is lU 9 0 0 CO Number(DUNS) To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as. principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 13 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 17 of 146 BID SCHEDULE South Marco Beach Sand Re-nourishment Bid No. 13-6009 Please input your prices via www.colliergov.net/bid 14 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25, 2013 New Business 7-f 18 of 146 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specific- ions. SS Y C Y 3 yf°3 rr ry d tP Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. �O Please insert additional pages as necessary. te„ d c 6 aka 15 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 19 of 146 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the. Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. rr�ACa,o A t� } ' i t21 s 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 6. Identify other �O subcontractors that represent more than 10% of price or that affect the critical path of the 16 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 20 of 146 schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 8. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 9. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 10. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule ID fl''!"4:1";,"A p A v i. i 17 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 21 of 146 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference KRR C-3q Fn Iar emert4 1. Misc FCorry'eS�wa V3AcE, YYI SS LaKC jeS, �l S CO Tra-Ffc)r! Cr ri ca,! KKStpra-11 (DraginTama) ?-e+er Mor O(11373fto-IS(o� 2. SF\NM D, InirnoKal-ee, Ft_ Ka pepper -+-ISS©Ct Att'S K RIZ Contrac-F /38, t?eac h,y Mu r.}or n i 'N5 CSco�X92-9 l co 3. PaCK-fi 1 I� USAC E 1-11yh1ards-.0Keech obee Courrne3 W RS Co mpct-S5 Aeroje+ Canal C-i/ Na.nK Yuan ( g(3)Li91-/42Coq 4. SF M o rn e5-f earl, FL EC T Gu20+ G-x-42 MaIn+enonce more Le-f-e byre Lar54 l-0 Li s. Dmi9 n y�L �M D, S F V� M� Mom ' , b! Idol ! .! ' _ [rte_(•n, Don_ N ue 1 le (5(D O Co& '- g-DO 6. C1114 of Marten Cow y, rn Cc n'1 -I �n a r► ri 2 Md r-h n Covrrt y pbert eayrS .(9yD2(oCp-(030y 18 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 22 of 146 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. 2. 3. 4. 5. TOTAL $ 0 Failure to complete the above may result in the Bid being declared non-responsive. 3 19 Construction Services Agreement for Grant Funded Projects:1/1/2012 February 25,2013 New Business 7-f 23 of 146 Awe:SetvPt estiiwi iim Purchasing Immigration Law Affidavit Certification Solicitation: 13-6009 South Marco Beach Sand Re-nourishment This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program,may deem the Vendor/ Bidder's proposal as 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("INA"). 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 comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Cl w1-CH E INC Print Name A DA M A. CH e Title ?ES D E N T Signature / Date a)131 /2 State of non dCl,., County of'roward . The oregoing instrument was signed and acknowledged before me this 13 day of DI°CerYI b-ei 20 I -,by A-da n'i Ad a c-e who has produced FL DL: A320 00L 41 3 d 0 as identification. (Print or Type Name) (Type of Identification and Number) �t n tfeE ry b1i ignature ,,sy ANDREA YOU SON An� r-ea Son, .,�` MY COMMISSION#EE14e450 Printed Name of Notary Public EXPIRES November 15.2015 EE I(o 8o/November /5, 015 '"°"' 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. 20 Construction Services Agreement:Revised 1/1/2012 February 25,2013 New Business 7-f 24 of 146 Y fi N. _ e gE V Company ID Number:444336 To be accepted as a participant in E-Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 888-464-4218. EmployerT Cavache;Inc �r .i :,: "� � - Adam Adaehe; � Nam St e(Please Type or:Printi Electronically Signed 0 / 9/2011 gnat're ,: ,�• „ a ° -, Department'of Homeland Security-Verification Dlvi*ion DSCIS Verification rDivisiotr . 3 f Name Please Type or Print) • • Electronically Signed 8/29/201 ': Signature x Date-- Information Requiretlfa >the � e Ify Program . ,: te ,,, .. �: • �r a � Information relating to four compain Company Name Cavache Irra Company Faciiit Rdtlr�ss 3310>NE 33rd St t s� µ Fort Lauderdale AFL,33308 r • Company Alternate . : t 4: - Address � • County or Parish HROWARD Employer Identification - �. Number: .'141867882 Page 12 of 13 E Verify MOU for Employer Revision Date 09/01/09 www.dhs.gov/E-Verify Februausiness ry 25,2013 New B 7-f 25 of 146 M Verif ti ... ....„ ..,_ ....„. .,. .._ .,,„„ . ,,. :,..... _, , . . . . .... ,., „ _ . ..... ..,,,,, ,.. . : Y A ,.....,,. Company ID Number: 444336 ...1...,;,.,.,7i..72.,:t.„.....::::.t.,.,„,:..,...;:r.:,..,...1...........:; : . . ..: North American Industry 7 w Classification Systeftisx x z �,r" " �. 737;: ' Code "7Wa ,. Admmj� ,. ,,� zt strator.:' ;° _. ...Mai .. .,. . z,; Number of din to ee �q o 1 "` 6 "ryr� tt"A Number of Sites Verified . ago .' for •Are you verifying for more tTtan.1 site?If yes,pleas rovide.the nuimber f sites verified for in each State " , r *"t . FLORIDA : i slt fps r Information irelat rig to thG Pr oiam'r►dtnirll tr. fo y r�crr pant' sin policy questlo►1s or operaf�onl rob b a Name' Andraa„Y Son b k t`� Telephone Nun bqr (9 54)568.0007 Fail um (9 4)566 7401 E-mail Address asoa(a cavaahe m �'`�, � ��'� ' ^"; x ad z wr Name Adam D Adache: r �� r Telephone dumber (954)568 0007 z i'FaxNumb.- '` (,-54)-56 7401 E-mail Address - a�lam('cavachq aom ,, g art,N d ' Page 13 of 13 E-Verify MOU for Employer I Revision Date 09!01/09 WWW.dhs.gOVIE-Verify February 25,2013 New Business 7-f 26 of 146 kirrilstratoe Services ON isim kaheere COLLIER COUNTY SOUCITATIONS SUBSTITUTE W—9 Request for Taxpayer identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County(including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name Cu v Q C he Inc (as shown on income tax return) Business Name (if differs t a er n ' Address 7fv �'� AvE City POM PA No 3t-i ci-I State FLOK!DA Zip 33 0(09 Telephone'5(198-000 FAX Email I nom( Cava chf. corn. • Order Information Remit/Payment Information Addressp?S0 NW I2" AVE t Address W IZ+n AVE City P/ �HO state FL zip.`33o(oc1 cityPPR& FAX 9 f - 43- 8550 FAX 954 - 9(43-3550 p 33060 c? Email i 11- dl �O coy a chi• coin. Email i!n-fo eava che. coat 2. Company Status(check only one) Individual/Sole Proprietor Corporation Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Vendors who do not have a TIN,will be r-•ulred to provide a social securit number prior to an award of the contract. 4. Sign and Date Form Certification:Under penaltie�.erjury,I ce�r-:t the information shown on this form is correct to my knowledge. Signature Date J f 12/ 13+ 1 Z G Title-Fre5id*tn. 954 5 0004 Phone Number 21 Construction Services Agreement:Revised 111/2012 February 25,2013 New Business 7-f 27 of 146 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth,'as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of E o C i CSI cL County of Ca YC ch e Inc being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. 1. G va ch-e Inc , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 22 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 28 of 146 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of which operates under the legal name of C VP J INC. , and the full names of its officers are as follows: President ADAM 1JAN\EL ADACHE Secretary ADAM -DANIEL ADACHE Treasurer ANTHonN 7oSE?H env() Manager A N TN oNV SOSEPH fl V O The is authorized to sign construction bids and contracts for the company by - Board of Directors taken , a certified copy of which is e • _ - •-• strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 23 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 29 of 146 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 12113112 C0RP3RAT1 oN Legal entity BY: CAVA E ! C Wit/- WA "T • v • Name of B' •- IWO Witness V A LE NT I NA CA ' 0 Sig ature AD A • 1 • HE I RES) PEN"T Title c2SO NW 12-fh AVON U �0 NPANo 6E / FL-330409 FLORID FLORIDPT CoRPD NT1ONJ STATE OF Florida.., COUNTY OFBro word The for going instrument was ack,Qwledged before me this 1� day of L rember20 12_ by 1`� DACH(= , as PRESIDENT. of CAVACH /NC. , a FLOe l DA corporation, on behalf of the corporation. He/she is _ ersonally known., to me or has produced FL OR 1 DA DR I V 1k"3 L I C EN E as identification and did (did not) take an oath. My Commission Expires: NOVer er/51 65 (Si at' re of Notary) ANDREA YOUNG SON :~ MY COMMISSION#EE14ie n NAME: �N DR A SON (Legibly Printed) E7 PIRE8 MmembSr 15,2015 Monswa,a Flailetimmesnloastra (AFFIX OFFICIAL SEAL) Notary Public, State of Rog)DA Commission No.: E 1 y bLf$o 24 Construction Services Agreement:Revised 08/15/2012 ii 'i I February 25,2013 New Business 7-f 30 of 146 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cavache, Inc. ;(herein after called the Principal)and Travelers Casualt and Suret Com an of America (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County ■ (hereinafter called the. Owner), in the full and just sum- of Five Percent of Amount Bid dollars ($ 5% ) good and lawful money of the United States of Annerica, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrallors, and assigns,jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to.the Owner, a Bid for furnishing all labor, materials, equipment and int;identais necessary to furnish, Install, and fully complete the Work on the Project known as • South Marco Beach Sand Re-nourishment Bid No. 13-6009 NOW, THEREFORE, if the Owner shall accgept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100%the-total Contract Amount as specified in the Bidding Documents or Contract Documents vkith good and sufficient surety for the faithful performance of the Agreement and for the Prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to gibe such bond or bonds, and deliver to Owner the required certificates of insurance, if the pR1NCIPAL shall pay to the OBLIGEE the fixed sum of $ *** noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, thern this obligation shall be null and void, otherwise to remain in full force and effect. • IN TESTIMONY Thereof,the Principal and Surety have caused these presents to be duly signed and sealed this 13th day of ❑ecemper , 2012 ***Five Percent of Amount Bid • • • 25 ■ Construction Services Agreement:Revised 0811512012 February 25, 2013 New Business 7-f 31 of 146 Cavache, Inc. ? Principal BY (Seal) Adam dache, Pres dent T rc. elers Casualty and Surety ompany of America Surety • I 4wir (Seal): D. Michael S9 Atto ley-in- ; fir/ Countersigned � I AA Local Resident Producing Agent for Collinsworth, Alter, Lambert, LLC . 23 Eganfuskee Street, #102, Jupiter, FL 33477 t • • • 26 Consbud[on Services Agreement Revised 08/16/2012 February 25,2013 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 11...D..;'" 7 1 32 of 146 ANIA. POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 218958 Certificate No. 005206403 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint D.Michael Stevens,and Don A.Lambert Jr. of the City of Jupiter ,State of Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of„guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perinittedim any^ s#ions or proceedings allowed by law. 25th IN W> REOF,the Comp i1S have caused this instnunentto be signefi and their corporate seals to be hereto affixed,this day of eptemooer , 1 t ; Farmington Casualty Company- 3,' i, St.Paul Mercury Insurance Company Fidelity and Guar•�anty'flaenrance'4pnmpanyR t' Travelers Casualty and Surety Company Fidelity and Guaranty Insuranee`Underwrkters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company p1.64��r V-i 1-6 C�*a��4, .,1Na4g ',P1.7Y A've'♦G IMMrA 'Mt1. o I982 ©II +!r. m• .^ z, Ito t.'"' y6f�g �a-o �`SEALa+o^ \SSRLJi �s + "� .. -r " State of Connecticut By: City of Hartford ss. Robert L.Raney, artier Vies President On this the 25th day of September 2012 ,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p♦TET In Witness Whereof,I hereunto set my hand and official seal. ,� W w' " . My Commission expires the 30th day of June,2016. * Marie C,Tetreault,Notary Public q1, ♦iy 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER February 25,2013 New Business 7-f 33 of 146 PRE-BID INFORMATION (Attach to Bid Form and include attachments as necessary) A. Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementation. The time to mobilize and complete the work will be considered along with bid price in award;therefore,be specific. ASR e A—M—G ch Pr-e-B d In-form cd Yu B. What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work? What is the estimated duration of the Work in days and months?Refer to Technical Specifications for dredge size requirements. C. What size and type of equipment will you used on this Project, to include scows, boosters, cranes, barges, etc.?? What equipment will you purchase or rent for the proposed Work? See A-1-b ch IfYIer4 ; Me ( Cr&a & BS-2 February 25, 2013 New Business 7-f 34 of 146 D. List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. Refer to Technical Specifications for superintendent requirements. Sew Altachme We- c \ noxm.ctUli Pwsonrie1 E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. ee ch mer}-I- ' t r F. Will you sublet any part of this Work? If so, give details. See A Ala h : 'p r-e Id l 114 rr .ors. G. What is the last dredging project of this nature that you have completed? See Aitiorren4 : Re YL BS-3 February 25,2013 New Business 7-f 35 of 146 H. Have you ever failed to complete work awarded to you: If so,where and why? QQ. A c hrvir-F- '. Pre -Bid l rtrtemp,tho�1 I. Name three individuals or corporations for which you have performed similar work and their contact information as references. SLQ fl W ch mutt- : Pre -Bid I n-fo rrn.c:ho n • J. Is the dredge to be used for the proposed work certified for open ocean dredging by the American Bureau of Shipping(ABS)? Please provide proof of ABS certification with the bid or the reason why certification is not needed. See A -\cAchrncn Wr-e-BI8 In-focrncd oC K. List experience with Gulf/open ocean ebb channel(shoal)dredging and beach fill placement. Refer to Technical Specifications for dredge size requirements. n ..} Prcl .� 4- i I &QQH IX_ "--Bk \ Mo `f��S�.t (+' ' 1 BS-4 February 25, 2013 New Business 7-f 36 of 146 PP of #2 I A A a Il .t. ' ` i OI iht (Cri [ U/1 Prof#3 ' • AO O / -n : r-e B , ) j 1 u (. l Prot #4 See fl +I-o ch mcnH- : Pre —Bid I n The undersigned guarantees the truth and accuracy of all statement " d answe ade herein. Signature of Bidder r -A By ADAM ADACN Name Business Address oS a NW 124h AVENUE POMPANO BEACN ,FL 3-30(0q Incorporated under the laws of the State of FL Ole I D A BS-5 February 25,2013 New Business 7-f 37 of 146 FERIA Supplemental Conditions 97.036 The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. AK°'/ 10/1/2012 Revision 1 1 • February 25, 2013 New Business 7-f 38 of 146 FEMA Supplemental Conditions 97.036 (1) Administrative, contractual, or legal prior to receipt of the notice of intent to terminate. remedies Unless otherwise provided in this D. Upon receipt of a termination action under contract, all claims, counter-claims, disputes and paragraphs (a) or (b) above, the contractor other matters in question between the local shall (1) promptly discontinue all affected work government and the contractor, arising out of or relating to this contract, or the breach of it, will be (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. all data, drawings, reports specifications, summaries and other such information, as may have been (2)Termination for cause and for convenience accumulated by the contractor in performing this A. This contract may be terminated in whole or in part contract,whether completed or in process. in writing by either party in the event of substantial (3) Compliance with Executive Order 11246 of failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, September 24, 1965,entitled "Equal provided that no termination may be effected unless Employment Opportunity," as amended by the other party is given: Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (1) not less than ten (10) calendar days written regulations notice (delivered by certified mail, return receipt requested)of intent to terminate; and "During the performance of this contract, the (2) an opportunity for consultation with the contractor agrees as follows: terminating party prior to termination. "(1) The contractor will not discriminate against any B. This contract may be terminated in whole or in employee or applicant for employment because of part in writing by the local government for its race, creed, color, or national origin. The contractor convenience, provided that the other party is afforded will take affirmative action to ensure that applicants the same notice and consultation opportunity specified are employed, and that employees are treated during in 1(a)above. employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be C. If termination for default is effected by the local limited to the following: employment, upgrading, government, an equitable adjustment in the price for demotion, or transfer; recruitment or recruitment this contract shall be made,but advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, (I) no amount shall be allowed for anticipated including apprenticeship. The contractor agrees to profit on unperformed services or other work,and post in conspicuous places, available to employees and applicants for employment, notices to be provided (2) any payment due to the contractor at the time by the contracting officer setting forth the provisions of of termination may be adjusted to cover any this nondiscrimination clause. additional costs to the local government because of the contractor's default. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf If termination for convenience is effected by the of the contractor, state that all qualified applicants will local government, the equitable adjustment shall receive consideration for employment without regard include a reasonable profit for services or other to race, creed,color, or national origin. work performed for which profit has not already been included in an invoice. For any termination, "(3) The contractor will send to each labor union or the equitable adjustment shall provide for representative of workers with which he has a payment to the contractor for services rendered collective bargaining agreement or other contract or and expenses incurred prior to receipt of the understanding, a notice, to be provided by the agency notice of intent to terminate, in addition to contracting officer,advising the labor union or workers' termination settlement costs reasonably incurred representative of the contractor's commitments under by the contractor relating to commitments (e.g., Section 202 of Executive Order No. 11246 of suppliers, subcontractors)which had become firm September 24, 1965, and shall post copies of the 10/1/2012 Revision 2 2 February 25, 2013 New Business 7-f 39 of 146 FEMA Supplemental Conditions 97.036 notice in conspicuous places available to employees (5) Reporting: The contractor will provide any and applicants for employment. information required to comply with the grantor agency requirements and regulations pertaining to "(4) The contractor will comply with all provisions of reporting. Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the (6) Patents and Data: No reports, maps, or other Secretary of Labor. documents produced in whole or in part under this contract shall be the subject of an application for "(5) The contractor will furnish all information and copyright by or on behalf of the contractor. The grantor reports required by Executive Order No. 11246 of agency and the grantee shall possess all rights to September 24, 1965, and by the rules, regulations, invention or discovery, as well as rights in data which and orders of the Secretary of Labor, or pursuant may arise as a result of the contractors services. thereto, and will permit access to his books, records, and accounts by the contracting agency and the (7)Access To Records Secretary of Labor for purposes of investigation to The local government, the Florida Department of ascertain compliance with such rules, regulations, and Emergency Management, the Federal grantor orders. agency, the Comptroller General of the United States, and any of their duly authorized representatives, "(6) In the event of the contractors noncompliance shall have access to any books, documents, papers, with the nondiscrimination clauses of this contract or and records of the contractor which are directly with any of such rules, regulations, or orders, this pertinent to this contract for the purpose of making contract may be cancelled, terminated or suspended audit, examination, excerpts, and transcriptions. in whole or in part and the contractor may be declared ineligible for further Government contracts in (8)Retention of Records accordance with procedures authorized in Executive The contractor shall retain all records relating to Order No. 11246 of Sept 24, 1965, and such other this contract for six years after the local government sanctions may be imposed and remedies invoked as makes final payment and all other pending matters are provided in Executive Order No. 11246 of September closed. 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (9) Clean Alr Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA "(7) The contractor will include the provisions of Regulations: Contracts and subgrants of amounts in Paragraphs (1) through (7) in every subcontract or excess of $100,000 shall contain a provision that purchase order unless exempted by rules, regulations, requires the Contractor or recipient to comply with all or orders of the Secretary of Labor issued pursuant to applicable standards, orders, or requirements issued Section 204 of Executive Order No. 11246 of Sept. 24, under Section 112 and 306 of the Clean Air Act (42 1965, so that such provisions will be binding upon U.S.C. 1857 (h), Section 508 of the Clean Water Act each subcontractor or vendor. The contractor will take (33 U.S. 1368), Executive Order 11738, and the U.S. such action with respect to any subcontract or Environmental Protection Agency regulations (40 CFR purchase order as the contracting agency may direct Part 15 and 61). Violations shall be reported to the as a means of enforcing such provisions including Federal awarding agency and the Regional Office of sanctions for noncompliance: Provided, however, That the Environmental Protection Agency(EPA). in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or (10) Energy Efficiency Standards: The contractor vendor as a result of such direction by the contracting shall comply with any mandatory standards and agency, the contractor may request the United States policies relating to energy efficiency which are to enter into such litigation to protect the interests of contained in the state energy conservation plan the United States." issued in compliance with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). (4) Copeland "Anti-Kickback" Act (U.S.C. Section 51): The Contractor agrees to comply with the Anti- Kickback Act of 1968 which outlaws and prescribes penalties for"kickbacks" of wages in federally financed or assisted construction activities. 10/1/2012-(2) 3 February 25,2013 New Business 7-f 40 of 146 FEMA Supplemental Conditions 97.036 (11) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689, 48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and debarment. Contractor's debarment and suspension status will be validated at the Federal Excluded Parties List System at: https://www,epls.gov/ and the State of Florida at http://dms.myflorida.com/business_operations/state_p urchasing/vendor information. 10/1/2012-(2) 4 • February 25, 2013 New Business 7-f 41 of 146 FEMA Supplemental Conditions 97.036 CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Conflict of Interest Affidavit 4. Disclosure of Lobbying Activities Or/ 10/1/2012-(2) 5 February 25, 2013 New Business 7-f 42 of 146 FEMA Supplemental Conditions 97.036 Certification-Regarding Debarment, Suspension,and Other.Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (IXb) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal,State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ADAM APACHE Solid MAPco Bt c14,9AND gENovRi'SHNOTT. Name Project Name P ES I D ENT 13— boo 9 Title Project Number CAVilaiE Iivc . 14- 1 S51-892 Firm Tax ID Number c2SoNW 12.-Ph AVE- -q918c9oo & Street Address DUNS Number ?D/vIPAN cD 8i AcI4 I -FL. 330 (o9 City, State, Zip 10/1/2012-(2) 6 4 February 25, 2013 New Business 7-f 43 of 146 FEMA Supplemental Conditions 97.036 General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Co V O f I n' Date 12113112. Authorized Signature h. Address 0280 NW 12 h AV l '0 PAN * .EACH FL 3010' Solicitation SOUTH MARCO 6E40-j Contract# /3—4,000c1 SAND RENOU. !3HMENT 10/1/2012.(2) 7 February 25,2013 New Business 7-f 44 of 146 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employee of Congress,or an employeeof a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a foilowup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,If known.Check the appropriate classification of the reporting entity that designates If It is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5.If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment include at least one organizatlonallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1).If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,Request for Proposal(RFP)number; Invitation for Bid (IFB) number;grant announcement number; the contract,grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI), 11.The certifying'official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. February 25,2013 New Business 7-f 45 of 146 DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 See reverse for •ubiic burden disclosure. 1.Type of Federal Action: 2.Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting.Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name El Prime ❑Subawardee d Address of Prime: Tier , if known: A . Con•ressional District, If known: ' on=r ional District, if known: 6.Federal Department/Agency: ' . Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number,if known: 9.Award Amount, if known: 10.a. Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Mt): 11,Information requested through this form is authorized by tills 31 U.S.C.section Signet ure: 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the Her above when this bansootlon was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This Print Name: information will be available for public Inspection. Any person who fees to Me the required disclosure shall be subject to a GM penalty of not less than 510,000 and Title: not more than 5100,000 for each such Maur.. Telephone No.: Date: s"F^ M,.� t•" +�,o-�...nv ;,"*,^zf{.. .r^"- ar••. # Authorized for Local Reproduction , ar«a°i .rF'` ,`� ,t .mw...,..._... Standard Form LLL(Rev.7-97) • February 25,2013 New Business 7-f 46 of 146 State Department of State I certify from the records of this office that CAVACHE, INC. is a corporation organized under the laws of the State of Florida, filed on November 12, 2002. The document number of this corporation is P02000120371. 1 further certify that said corporation has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on January 19, 2012, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida,at Tallahassee, the Capital, this the Twentieth day of January,2012 ,...-.‹.071-1),>, itilkivin______ il m ,4 Secretary of State �`.. L, ' ` - '°"f Authentication ID;700218882617-012012-P01000120371 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html February 25, 2013 New Business 7-f 47 of 146 Attachment : Pre-Bid Information February 25,2013 New Business 7-f 48 of 146 A)Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementation.The time to mobilize and complete the work will be considered along with bid price in award; therefore,be specific. Cavache's proposed method of project completion: At receipt of notice to proceed Cavache will have survey and engineering work ordered for pre-survey, as well as begin immediate transport of the"Maya Caelyn"a 2010,16"Cutter head Ellicott 1170 custom dredge, dredge tenders, and support equipment to Marco Island staging area and to a near by Marina for assembly. Please see added attachment of dredge specifications. Cavache will set up an embankment area crew for installing a safety fence, signage, lights and a safe work zone. The crew will begin fusing and assembling pipeline, lights and signage, as well as,preparing beach area for embankment. During the same time, Cavache's second crew will be assembling the dredge and stern carriage barge and moving the dredge into the borrow area cut. Pipeline will be strung and ready for attachment. Dredge operations will begin after the pipeline is attached to dredge and all safety inspections and operational drills have been completed. Dredge operation will be 24/7 until all beach embankments have been completed and surveyed. Dredge operations will start on the east end of the Borrow area moving west. Dredge anchors will be set with one of the dredge tender boats as the dredge advances forward. Beach pipeline will be added as needed between shifts. Dredged spoil will start on the southern limits of the fill area and move to the north as dredge embankment is made,crew will finish grading the beach behind the dredge discharge. When embankment and survey have been completed, crew will begin demobilization of dredge pipeline,materials and support equipment from the project. Cavache will then remove all safety equipment and fencing. Pipeline and dredge will be marked per the USCG Rules. Dredge is equipped with a spud carriage barge, a HYPACK real time GPS computer system and a flow&velocity meter to maximize operation efficiencies and production. The borrow area will be monitored with the on board HYPACK GPS real time position system as well as the dredge crew. In the event that the entire borrow area is affected with a heavy concentration of shell hash and moving the dredge does not offer a viable solution; Cavache can mobilize a specialized,hydraulic,dredge dead screen to the job to filter the shell hash and can speak to the owner about the option should the problem occur. This screen option should not impact the schedule. February 25,2013 New Business 7-f 49 of 146 B)What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work?What is the estimated duration of the Work in days and months?Refer to Technical Specifications for dredge size requirements. 16"Ellicott 1170 dredge"Maya Caelyn" Year 2010 The daily production rate per 10 hr shift is 4,500 cubic yards anticipated for the conditions on this project The estimated duration of work areas as follows: -Mobilization and equipment set up: 16 days -Dredge operations and embankment: 15 days -Project clean up,punch out and demobilization of equipment: 15 days C)What size and type of equipment will you used on this Project,to include scows, boosters,cranes,barges,etc.?? What equipment will you,purchase or rent for the proposed Work? Dredging operations will be completed with a 2010 16"Ellicott dredge, 55' spud carriage barge, (2)dredge tender boats,up to 4,000' LF HDPE SDR17 dredge pipe. Beach embankment will be completed with a D6 LGP Caterpillar bulldozer, John Deere 892 track excavator and a John Deere 744E wheel loader. All equipment and materials are owned by Cavache, therefore it is not necessary to purchase equipment for this job. Cavache does not intend on using rental equipment on any portion of this project. D)List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. Refer to Technical Specifications for superintendent requirements. See Attachment: Key Personnel E)List other present commitments including dollar value thereof, name of owner and estimated date of completion. -Palm Aire dredging of 1 million tons of aggregate for Ryan Incorporated Southern. Dollar value is$1.8 million and is an ongoing contract for 2013. -EX65: Owner is U.S.Army Corps of Engineers and the prime contractor is Cajun Construction Inc. The contract dollar amount is approximately$700,000.00 and scope of work is to dredge 180,000 cubic yards of material. The work is projected to begin in April/May 2013. F) Will you sublet any part of this Work? If so,give details. Cavache will be self performing all scopes of work besides survey and soil sampling. February 25,2013 New Business 7-f 50 of 146 G)What is the last dredging project of this nature that you have completed? Bathtub Beach Renourishment H) Have you ever failed to complete work awarded to you: If so,where and why? NO I)Name three individuals or corporations for which you have performed similar work and their contact information as references. 1. Southport Dredging,Frank J. Cichon(954)650-5695 2. The Carmella Corporation(754) 581-5499 3. American Marine, Robert Rogers(941)266-6304 J)Is the dredge to be used for the proposed work certified for open ocean dredging by the American Bureau of Shipping(ABS)?Please provide proof of ABS certification with the bid or the reason why certification is not needed. No.Not Requried,within demarcation boundary February 25,2013 New Business 7-f 51 of 146 K. List experience with Gulf/open ocean ebb channel (shoal) dredging and beach fill placement. Refer to Technical Specifications for dredge size requirements. Project: Kissimmee River Restoration C-37 Enlargement and Miscellaneous Features Owner: USACE Owner Contact: Erin M.Duffy Prime Contractor: WRS Compass Prime Contractor Contact: Hank Yuan Subcontractor: Cavache Inc. Equipment: Dredge Type: 16"Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: C32 Caterpillar Auxiliary engine: C9 Caterpillar Generator: John Deere 25 KW Pump: 16"x 16"3 valve Ellicott Booster: 1. Pearce C32, 16"x 16" 2. Pearce C27, 16"x 16" 3. GIW 16V92, 16"x 16" 4.Pearce C32, 16"x 16" Pipeline: 18"HDPE IPS SDR 17 Project Scope: Dredge 815,000 cubic yards pumping distance of 19,400 LF Project Description: Dredge excavation of main channel and oxbows,815,000 cubic yards Project Duration: 2010 to 2012 Project Dollar Amount: $ 11,077 856 \ N 1 � 1, February 25,2013 New Business 7-f 52 of 146 Project: Bathtub Beach Renourishment Owner: Martin County Prime Contractor: American Marine Prime Contractor Contact:. Robert Rogers Subcontractor: Cavache Inc. Equipment: Dredge Type: 14"Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: Caterpillar Auxiliary engine: Caterpillar Pump: Ellicott Pipeline: 12"HDPE IPS SDR 17 • Project Scope: Embank and finish grading approximately 50,000 cubic yards of dredged material to renourish beach Project Duration: 2010 February 25, 2013 New Business 7-f 53 of 146 Project: Lake Trafford Critical Restoration/Dredging&Containment of Muck Phase 3 Owner: SFWMD Owner Contact: Timothy Carter Prime Contractor: Harry Pepper&Association Prime Contractor Contact: Mark Homing Subcontractor: Cavache Inc. Dredge Quantity: 2 million cubic yards Equipment: Dredge Type: 16"Cutterhead Dredge Dredge manufacturer: Ellicott Main engine: 16V92 Auxiliary engine: 8V92, Generator: Omni 20KW Pump: Georgia Iron Works Booster: Godwin 420D Pump: Godwin 16" Engine: C9 Caterpillar Pipeline: 18"HDPE IPS SDR 17 Project Scope: Dredged 2 million cubic yards and pumped 11,000 LF Project Description: Dredge excavation and removal of approximately 2 million cubic yards of in-situ muck sediment from the bottom of lake and pumped an estimated 2 miles+to a designed spoil area Project Duration: 2009-2010 Project Dollar Amount: $4,203,529.89 CAYAC HE in '.•k' 1777 Ph`"Rl 06:1 February 25,2013 New Business 7-f 54 of 146 Project: OCEAN CAY ---http://www.aesoceaning.com/OceanCay.asp Owner: AES Atlantis,Inc. Prime Contractor: Southport Dredging Inc. Prime Contractor Contact: Christopher Cavo Subcontractor: Cavache Inc. Dredge Quantity: 1,100,000 cubic yards of sand and Aragonite Deposits Equipment: Dredge Type: 18"x 16"cutter suction dredge Dredge manufacturer: Gator manufacturer Main engine: 16v92 Detroit Diesel 1250 HP Auxiliary engine: 8v92 Detroit Diesel 650 HP Generator: Onan 15KW Pump: Georgia Iron Works 18"suction 16"discharge Booster: Barge mount Pump: Georgia Iron works 18"suction 16"discharge Engine: 16V92 Detroit Diesel 1250 HP Pipeline: 18"HDPE IPS SDR 17 Project Scope: Dredge Shipping Channel, Ship Turning Basin,Mining Project Description: Dredging operations consisted of dredging 1.5 miles of shipping Channel 200 ft wide out to the ocean. Dredging 1,200 LF diameter ship turn basin.Dredging Aragonite deposits 2.5 miles out into ocean areas for processing. Spoils were processed and reloaded on to ships for sale by AES. Project Duration: 2004 to 2006 Project Dollar Amount: 5.5 million 1, February 25,2013 New Business 7-f 55 of 146 Project: Free Port Bahamas Harbor Owner: Free Port Harbor Company/Grand Bahamas Ship Yard Owner Contact: Edward Saint George Prime Contractor: Carmella Corporation Prime Contractor Contact: James C. Cavo Subcontractor: Cavache Inc. Dredge Quantity: 890,000 cubic yards of Rock and sand Equipment: Dredge Type: 24"x 20"cutter suction dredge Dredge manufacturer: Dredge Masters manufacturer Main engines: (2)D399 caterpillar 2500 HP Auxiliary Engines: 379 caterpillars,3412 caterpillar, 3306 caterpillar Pump: Georgia Iron works 24"suction 20"discharge Booster: skid mount Pump: Georgia Iron Works 24"suction 20"discharge Engine: D398 caterpillar 1450 HP Pipeline: 20" %2 wall steel pipe with pipe pontoons Project Scope: Dredge Shipping Channel,dock slips, Project Description: Dredging operations consisted of dredging 3.5 miles of pipeline For shipping channel 400 hundred foot wide. Dredging 1,2,3,4 dock slips, each 1500 feet to 2000 feet long 400 feet wide with pumping distances exceeding 2 miles. Spoil was pump to Grand Bahamas rock and varies locations. Project Duration: 2003 to 2005 Project Dollar Amount: 6.5 million got-- •mow, " � ;�. . Wyss .4/ February 25,2013 New Business 7-f 56 of 146 Attachment : Dredge Specifications February 25, 2013 New Business 7-f 57 of 146 1170S"DRAGON®" CUTTERHEAD DREDGE TECHNICAL DATA AND SPECIFICATIONS Portable Dredge for any standard 18"(457 mm) pipeline Nominal pump capacity range= 150-600 yds3/hr(480 m3/hr) ELLICOTT®DREDGES, POWER-PACKED PORTABILITY The"Value Engineered"Series 1170S: Design criteria focused on dependability and low cost with rapid dismantling, mobility, reassembling and start-up; minimizing downtime and ensuring high productivity. Principal Dimensions and Particulars Specifications If �4. f r 01410 10 to N WM*amitemer Ell 10. o Ida 'I "2 "_ .,.- 111 fir �. :111° g. 01,14 .. ■t ■A • 41 r '87=it- 1...41 I M:rt t t% , f , do .- 1, r✓ Ilrlsi��itar::rw se p�a.M.wa .wrrr�r...�s.irE ' ..._. ., �!tlIY I 1 T;i:_.�1...77i �.:-�vz....+�::= t ale l�c.k1s..LR r = o ii u i i 4. v _ February 25, 2013 New Business 7-f 58 of 146 1170S "DRAGON®" CUTTERHEAD DREDGE Representative digging depths and dimensions for average dredging service. Configurations for deeper digging readily available-consult Ellicott®. 11705 Principal Dimensions and Particulars Metric. English 1 Hull Length 33 ft(10 m) i .igging depth 20.73 ml_ 68 ft. Hull Width �.�.� �. . �_ 9.14 mi 30.0 fti Hull Depth 1.37 m 4.5 ft. GENERAL Pry Weight(approximate) 94,800 kg" 209,000 lbs. j Mean operating draft 0.86 m 2.83 ftf i Center Tank Weight(complete 40,824 kg 90,000 lbs.! i 'with machinery) i Fuel Storage Capacity 12,490 L; 6,000 gall 'DIGGING Maximum 15.2 m 50 ft., ,DEPTH Minimum 1.2 m 4 ft.i I 1@ Min. 38.1 mil 125 ft.1 Maximum @ jD gging Depth 0° Swing each{@ Max. ;CHANNEL ide CL {(50ft/15 m) 28 m' 92 ft. WIDTH !Digging Depth Minimum @ Min. Digging i j ,Depth 23.5 mj 77 ft.j {(with hull grounded) ■ 'Diesel Engine CATC32 634 kwl 850 HPI I l(Continuous Rating) _ ,. i (PRIME Diesel Engine CATC9 MOVERS 261 kwi 350 SHP{ (Intermittent Rating) 1 I TOTAL 894 kwi 1200 SHP! i Cutting Power { 116 kwl 155 SHPT ■ 1 Cutting Force T�„�_ � 4055 kg, 8,940 lbs CUTTER Cutting Diameter 1099 mmi 43.27 in Cutter Shaft Diameter 133 mm� 5.24 in! 1'W 1 !Cutter Speed Range 29-48 RPM Shaft Power 36.5 kwi 49 HP DIRECT 'LINE ine Pull-First Layer { 6,804 kg!; 15,000 lbs (!SWING Line Speed-First Layer j 0-31.5 m/mini 0-103 ft/min WINCHES Wire Size 15.9 mmi 5/8 in 1 {Drum Capacity 122 mj 400 ft. i Shaft Power 23.9 kw 32 HP I {Line Pull 7,800 kg i 17,200 lbs !SPUD {•Line Seed { 14.6 m/min 48 ft/min WINCHES ire Size 19 mmi 3/4 in AND SPUDS {Spud Length(33 ft(10 mLDDY 14.3 alt �_ 47 ft ud Outside Diameter 457 mm! 18 in i Spud Weight kg{ _ 6,800 lb February 25, 2013 New Business 7-f 59 of 146 1170S"DRAGON®"CUTTERHEAD DREDGE OPTIONAL EQUIPMENT Accessories and options offered include choice of cutters, pump handling equipment, air conditioning or heating, production measuring equipment, and pipeline components. ELLICOTT®reserves the right to modify equipment in order to provide engineering improvements. Specifications-"DRAGONS Y Model Series 1170S HULL-Three tank design: quick connect/disconnect assembly; machinery in unitized center tank. Outboard pontoons for flotation, ballast and fuel storage. Hull bottom plate is 0.31 inch (7.9 mm), side plate 0.25 inch (6.35 mm)reinforcing up to 3/4 inch (19 mm); all of A36 or equal steel. Deckhouse integral with center tank structure. DIRECT-DRIVE CLOSE COUPLED PUMP UNIT-Close-coupled unit, totally enclosed radial and thrust bearings on reduction gear shaft with ACME threads for impeller mounting. Pump case, impeller, liners and throat piece are cast of special 500 BHN chrome carbide abrasion resistant iron. Driven by heat exchanger cooled Caterpillar diesel engine with electric starting. Choice of 18 inch (457 mm)discharge pipe diameters, HYDRAULIC POWER PACKAGE-Three hydraulic pumps are direct driven by a Caterpillar auxiliary diesel engine. Hydraulic system includes four independent operating circuits; one for cutter, one for swing winch, one for ladder hoist, and one for spud winches and control pressure. The engine, hydraulic pumps, gears, cooler and reservoir are all mounted on a common base. EXCAVATING MODULE AND LADDER-Cutter driven by slow speed, radial piston hydraulic motor. Maximum cutter force available at all speeds. Underwater excavating module features short drive shaft with weight concentrated at the cutter for efficiency. Cutter can be angled down for shallow digging. Excavating module drive recessed inside ladder tube for protection. LADDER HOIST- Independent winch raise and lower. SWING WINCHES- Individual single, direct line winches, direct-driven by radial piston hydraulic motors, mounted on the aft end of the ladder. Speed and reverse controls at operator's console. ELECTRICAL SYSTEM-24 volt DC internal/external lighting and electrical system is powered by auxiliary diesel engine. SPUD AND SPUD.WINCHES-Two heavy wall, cylindrical steel spuds mounted in spud keepers at stern. Spuds designed for single-part wire rope bottom lift, and are raised or lowered by individual single drum winches with free-fall clutches. WARRANTY-Ellicott®warrants its equipment only in accordance with the printed warranty conditions which are normally included in our sales proposals, the latest copy of which will be forwarded promptly on written request. No other warranties are provided. February 25,2013 New Business 7-f 60 of 146 " DRAGONo" Model Series 1170- 16" (406mm)I.D. Pipeline -"lila':211111101111111111111111111111111111111 iII1IllIlIII 1 :t -7111111 ■llilN 7, PI? MI,pl i me) „Nulling'71.3 wall.II 111 -.7.',a h, GRAVEL Meld 'COMM&M+ah.0mm _ j - :ulwoni. U1,, t 0 # 3 t t ! 0 X11[t.>01OTH.MIMS X 1006 Note: Calculated output curves indicate pumping capability only. In actual practice the material varies from free flowing,easily excavated material to compacted and/or difficult excavations. When used for estimating actual outputs,the nature of the material must be considered. Consult Ellicott®for other dredging conditions outside these curves. BASED UPON MATERIAL IN-SITU S.G. 2.10 SUCTION PIPE I.D. 16 in(406 mm) `DISCHARGE PIPELINE I.D.16 in(406 mm) ;PUMP IMPELLER 38 in(965 mm) vIAX. PUMP SPEED _ 654 RPM ;MAX. PUMP HP 855 HP(638 kw) TERMINAL ELEV. 10 ft(3.05 m) For material in-situ values other than 2.1, see conversion below. CONVERSION FOR VARIOUS IN-SITU S.G. S.G._ f ��MULTIPLIER - 2.10 1.00 2.00 1.10 1.95 1.158 1.90 1.222 1.85 1 1.294 1.80 1.375 February 25,2013 New Business 7-f 61.of 146 Attachment : ' Ke y Personnel February 25, 2013 New Business 7-f 62 of 146 Anthony Cavo 280 NW 12th Avenue,Pompano Beach,FL 33069 954-568-0007 anthony @cavache.com Education 4 year degree OSHA and MSHA Certified CPR, First aid, emergency tech training, hazardous waste spill and clean up training and fire preventative training US Coast Guard boaters training course Master captains course OUPV Captains Course GIW pump and slurry course, GIW pump tech course Texas A&M dredging long course Experience Vice President/Director 10/2003-Present Cavache Inc., Fort Lauderdale, FL • Involved in all aspects of project management, operations management and organization • Involved in estimating and marketing • Contributed to major dredging projects of channels, lakes oxbows and waterways,in addition to, land development and roadway projects General Superintendent 6/1997-10/2003 Ryan Sale and Services,Inc. Deerfield Beach, FL • Assisted with estimating,organizing and management of all projects • Managed over 100 employees and foreman • Contributed to construction of major land development projects, DOT roadways and installation of utilities as well as land fill closures, channel and waterway construction and maintenance,and all dredging projects 8/1988-6/1997 Southport Dredging Inc. Pompano Beach, FL • Began as an operator, mechanic and survey assistant with increasing levels of responsibility to become foreman and ending as• project superintendent • Responsible for overseeing all aspects of each project that included dredging,excavating and grading. • Additional responsibilities:Field assessment and future projects February 25,2013 New Business 7-f 63 of 146 • Rocco Cavo 304 Holly Avenue,Port St.Lucie,FL 34952 954-415-6588 Experience Cavache Inc. Project Manager/Supervisor 2008 to Prerrent • Involved in all aspects of project management,operations,quality control and safety management • Contributed to major dredging projects of channels,waterways,ports and lake oxbows • Responsible for estimating,quality control and daily reports,as well as, project organization and supervisor • Responsible for most of the company's open water and total projects United Contractors/City Services LTD. 1998-2007 • Involved in dredge operator,engineer,dredge tender,survey,containment disposal facility operations,pipeline installer,pipeline foreman,engineer foreman,survey lead,dredge captain,operations manager,general superintendent,project manager,quality control and safety officer United Contractors 1996-1998 • Worked part-time as dredge engineer and survey assistant Projects C-37 Critical Restoration Project Completed • Dredging project dollar value was$11 million • Consisted of dredging 800,000 cubic yards at 19,400 LF with 4 booster pumps and a 16"Ellicott 1170 dredge • Duties:Superintendent,Project Manager Bathtub Beach Restoration Martin County • Dredged 55,000 cubic yards of sand for beach renoutishment • Duties:Superintendent VOLPAC Oil Company in the Grand Bahamas • Dredging project dollar value was$12 million • Consisted of dredging 486,000 cubic yards of un-shot rock at 52'ft of water depth using an 24" electric dredge in open water • Duties:General Superintendent,Operation Manager Disney Studios in the Grand Bahamas • Dredged 300,000 cubic yards of sand from the entrance inlet and turn basin with a 16"dredge for the Pirates of the Caribbean movie Part 3 • Duties:General Superintendent,Operation Manager Bradford Marine in the Grand Bahamas • Dredged 85,000 cubic yards of un-shot rock for installation of new dry dock • Duties:Dredge Operator and Captain February 25, 2013 New Business 7-f 64 of 146 Freeport Shipyard in the Grand Bahamas • Performed maintenance dredging next to the ship berths with a 24"dredge • Duties:Dredge Operator and Captain Freeport Shipyard in the Grand Bahamas • Dredged 950,000 cubic yards of un-shot rock with a 24"dredge for dry dock basin 1 and 2 • Duties:Dredge Operator and Operation Captain Discovery Bay in the Grand Bahamas • Dredged 450,000 cubic yards of sand 1.5 miles off-shore with a.24"dredge for Beach Renourishment • Duties:Dredge Operator Key Biscayne in Miami,Florida • Dredged off-shore 2 miles with a 16"dredge and 2 booster pumps for Beach Renourishment • Duties:Dredge Captain Silver-lakes for Lennar Homes �! • Dredged 1.5 millions cubic yards of sand&rock aggregate • Duties:Dredge Captain Education/ 2 Year Degree — --— — • Augusta State University Certifications • Transport of Solid Using Centrifugal Pumps • GIW Maintenance of Centrifugal Pump Course • • Texas A&M Dredge Engineer Short Course • MSHA Certified • OSHA Certified First Aid/CPR • February 25, 2013 New Business 7-f 65 of 146 Danny Sabon 424 Danube Way,Poinciana,FL 34758 954-662-1059 • Experience Cavache Inc. Supervisor 2006 to Present • Involved in all aspects of dredging operations,survey,containment disposal area maintenance and contracting earthwork,grading,survey,quality and safety officer • Dredge operator,captain,site supervisor for excavation and grading operations • Handles all aspects of dredge HYPACK computer system,survey,layout and Topo's • Works on all open water,earthwork and dredging operations Ryan Inc. 1995-2006 • Involved in all aspects of earthwork and dredging activities • Worked as a operator,foreman,site superintendent,dredge captain and lead surveyor United Contractors 1991-1995 • Involved in operating equipment,survey and engineering Projects C-37 Kissimmee River Restoration Completed • Dredging project dollar value was$11,077,856 • Consisted of dredging 800,000 cubic yards at 19,400 LF with 4 booster pumps and a 16"Ellicott 1170 dredge • Duties:Superintendent,Survey,Earthwork Operations 13B Kissimmee River • Dredged 178,000 cubic yards of material and pumping to fill channel cut with a 14"dredge • Duties:Dredge Captain,Survey Site Supervisor Lake Trafford Critical Restoration • Consisted of dredging 2 million cubic yards of material from 1,300 acres of open water and pumping 11,000 ft with one booster pump and a 16"dredge • Duties:Dredge Captain,Supervisor,Quality Control,Safety Officer Bathtub Beach.Restoration • Dredged 55,000 cubic yards for beach renourishment • Duties:Supervisor,Layout,Beachfill Operations MPC5-Miramar,Florida • Dredged 150,000 cubic yards of sand and rock to make mitigation and land embankments • Duties:Operator,Supervisor Monterra-Davie,Florida • Dredged 110,000 cubic yards of sand for landfill embankment with a 12"dredge • Duties:Supervisor,Quality Control,Survey Supervisor • February 25,2013 New Business 7-f 66 of 146 Maple Ridge-West Palm Beach,Florida • Dredged 250,000 cubic yards of sand material for landfill embankment with a 16"dredge • Duties:Operator,Dredge Captain MPC2-Miramar,Florida • Dredged 180,000 cubic yards of sand/stone material for landfill embankment with a 16"dredge • Duties:Supervisor,Survey Oak Ridge-West Palm Beach,Florida • Dredged 320,000 cubic yards of sand for landfill embankment with a 16"dredge • Duties:Operator,Engineer Addison Preserve-West Palm Beach,Florida • Dredged 300,000 cubic yards of sand material for landfill embankment with a 16"dredge • Duties:Operator,Dredge Captain ABerdyne Proving Ground Maryland ��- Dredged 2 million cubic yards of sand with a 18"dredge for submarine fast facility • Duties:Survey,Engineer,and all land base embankment operations Education/ • 2 Year Degree-Broward Community College • MSHA Certified Certifications • OSHA Certified • First Aid/CPR GPS Topo • • • February 25,2013 New Business 7-f 67 of 146 James Forrler 1502 18th Avenue North Lake Worth, Florida 33460 (954) 553-5067 EXPERIENCE: 2009 -Present Cavache Inc. Foreman • Responsible for dredge tender and support equipment operations • Duties include operating boats,bulldozers, excavators, pipeline,fusing pipeline and surveying 2005—2009 Native Technologies,Inc. • Responsible for wetland and mitigation construction and maintenance • Erosion control and maintenance • Equipment finish grading and operations • Worked closely with owner and government field representatives 2003 —2005 FPL • Equipment operator and inventory organiser 2001 —2002 Davasta • Worked as equipment operator • Responsible for finish grading and surveys 2000—2001 Toll Brothers • Responsible for assisting site operations and managerial daily reporting CERTIFICATIONS: • CPR/First Aid • USCG Boaters Safety Course • Aquatic and Natural Area Chemical Course February 25,2013 New Business 7-f 68 of 146 John Cavo 6175 NW 57th Street, Apt#216 Tamarac, Florida 33319 (954) 650-5699 WORK HISTORY: - Cavache Inc,Engineer, 2007-Present o Involved in all dredging operations, dredge engineering and site mechanic o Responsible for dredge maintenance, repair and dredge support operation, including pipeline fusing and installation - Southport Dredging, 1990- 1997 o Worked as an engineer, mechanic, welder, dredge tender, equipment operator, engineering supervisor,project foreman,pipe fuser operator,pipe PROJECTS COMPLETED: JOB NAME: Cocoa Beach Banana River CITY: Cocoa Beach,Florida WORK DESCRIPTION: Maintenance dredging JOB NAME: Maintenance Dredging of Slip Areas CITY: Fort Lauderdale,Florida WORK DESCRIPTION: Dredging of slip areas JOB NAME: St.John's River Basin,S-254 Flow Way CITY: Tampa,Florida WORK DESCRIPTION: Maintenance Dredging St.John's River JOB NAME: John Sessa/Nob Hill Dredging CITY: Pembroke Pines,Florida WORK DESCRIPTION: Dredging JOB NAME: Coral Cove Park Beach Enhancement CITY: West Palm Beach,Florida WORK DESCRIPTION: Beach Renourishment,Dredging JOB NAME: Naval Surface Warfare Center CITY: Port Everglades,Florida WORK DESCRIPTION: • Dredging of slip area JOB NAME: Dredging at Forest Hills CITY: Davie,Florida WORK DESCRIPTION: Dredging in Family Development JOB NAME: Dredging Intake Canal CITY: Tampa,Florida WORK DESCRIPTION: Dredging Intake Canal,Anclote Plant for Florida Power Corp. February 25,2013 New Business 7-f 69 of 146 JOB NAME: Dredging\Marina Caper\Centennial Marina CITY: Sanford,FL WORK DESCRIPTION: Dredge Boat Slips For New Marina JOB NAME: Dredging\Alligator Creek CITY: Sanford,FL WORK DESCRIPTION: Channel Maintenance Dredging JOB NAME: Dredging Bayshore Trailer Estates Canal CITY: Bradenton,Fl WORK DESCRIPTION: Canal Dredging JOB NAME: Dredging Bay Colony Canal CITY: Bradenton, Fl WORK DESCRIPTION: Canal Dredging JOB NAME: New River Dredging CITY: Boca Raton,Florida 33433 WORK DESCRIPTION: Dredging JOB NAME: FSU Marine Lab Dredging Project CITY: Tallahassee,Florida WORK DESCRIPTION: Dredging marine channels to the Florida State University Marine Lab JOB NAME: St.John's Water Management Area Improvements,Corps.of Engineers CITY: Channelview,Texas 77530 WORK DESCRIPTION: Dredging marine channels to the Florida State University Marine Lab JOB NAME: Dredging of Sanitary Landfill CITY: Middle Heights, Ohio WORK DESCRIPTION: Dredging of Sanitary Landfill cover JOB NAME: Tri Rail/CSX Dredging CITY: Fort Lauderdale,Florida WORK DESCRIPTION: Hydraulically dredging under rail road bridges JOB NAME: Dredging at Cabana Point CITY: Fort Lauderdale,Florida WORK DESCRIPTION: Channel Maintenance EDUCATION/CERTIFICATION: - First Aid/CPR - Stott Diesel Engine Course - ASI Welding&Fabricating Course February 25, 2013 New Business 7-f 70 of 146 RESUME Timothy Edward Hoban 107 Columbia Drive Cape Canaveral,Florida 32920 321-750-5061 SKILLS: Equipment Operator: Dozer,Loader,Hoe. Specialty equipment: Work Boats, Push Boats,Tow Boats, Dredge Operations,Barge Mount Excavation,etc. WORK HISTORY: 2009-2012 Cavache Inc • Dredge and booster operator performed all dredging related operations including fusing pipe, grading and pipe installation 2005-2008 VTJ Stevedoring,Port Canaveral • Operator: Tug Tenders, Crane and Miscellaneous Equipment 2003-2004 Palm Beach Aggregate,Loxahatchee • First mate and relief operator,reservoir for South Florida Water Management,30"electric dredge "Sam Houston"with 2 electric boosters operated from the dredge, 7 mile discharge pipe, Estimated yardage 43 million cubic yards 2002-2003 Southport Dredging,Pompano Beach • Dredging 13 canals for CSX and Tri-rail, 8"Mog. 2000-2002 Great Lakes Dredging, Cape Canaveral to Melbourne • Beach Renourishment, 6 months on,6 months off due to sea turtle nestlings,May to November, 30"dredge"Alaska" • Job was through the IUOE Local 25 Marine Division 1998-2000 Subaqueous Services,Fort Lauderdale • Maintenance dredging portions of the Banana River navigation channels, Merritt Island,estimated 60,000 cubic yards • Lake Panasofkee clean-up • Numerous other maintenance dredging projects operated a 12"dredge 1986-1998 Southport Dredging,Pompano Beach • Numerous maintenance dredging projects and pit dredging, 8", 10", 12" and 16"dredges 1984-1986 Rowan Construction Equipment,Pompano Beach • 101 Pit Lyons'Road, fill for Sawgrass Expressway Project • Maintenance dredging Fort Pierce Inlet, 14"dredge February 25,2013 New Business 7-f 71 of 146 CERTIFICATIONS/EDUCATION: • • 130 Ton Manitowoc Crawler,lattice boom • 80 Ton All Terrain,hydro • US Coast Guard Captain • OUPV Captain's Course • First Aid/CPR February 25,2013 New Business 7-f 72 of 146 WILLIAM C. LAMER PO BOX 292 PALMDALE,FL 33944 (863) 673-5910 2008-Present Cavache Inc • Dredge Operator • Performed maintenance and installation of dredge and pipeline on-site • All types of support on dredge and pipeline 2005-2007 Stewart Mining • Mine Foreman • Responsible for all dredge and plant maintenance • Operated dredge and trained dredge3 personnel on a 18"cutter dredge 1999-2004 Florida Rock Industries, Inc-Weatherspoon Mine • Dredge Operator • Performed all maintenance and repairs on booster pumps, all dredge support maintenance,pipeline installation(steel and plastic pipe)and repaired plastic and steel pipe • Loaded dump trucks with a 980G CAT Loader 1972-1999 E.R.Jahana Industries-Ortona Sand Mine • Welder • Machinist-Ran machine shop • Mechanic • Dredge Operator • Dredge Instructor(trained new dredge operators) • Performed maintenance on all equipment • EMSHA Instructor • Safety Officer for the Ortona Mine • Fabrication Foreman; Built and designed dredges, conveyers and miscellaneous plant parts • Ran Heavy Equipment:Loader,Dozer, Track Hoe, Off-Road Dump Trucks, 12 ton and 40 ton Rough Terrain Crane,Motor Grader February 25,2013 New Business 7-f 73 of 146 +O'411t, +' Email: scottjohnson @colliergov.net Telephone: (239) 252-8995 Adiniristative Swims Didion FAX: (239) 252-6588 Putting ADDENDUM 1 Memorandum Date: December 12, 2012 From: Scott D. Johnson To: Interested Bidders Subject: Addendum# 1 Solicitation#and Title 13-6009 South Marco Beach Sand Re-nourishment Project The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: • New Bid opening date: December 19,2012 @ 2:30 PM If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: �`�, /Y t WV;�, ,,� �� �, -. ' .<°`�. ' ;.494 tin " En _ i t } ''�'. Y'.n d I' �y, ��N � �@F ���`✓'tp at": �f'�{g����'`d.` P' '�y g`sC�t'�3�'Fri,�,�.'C`, .� �.¢. 'F- �$''.��r � ''� a. aE. � "a 'tz+,1 , sT �s.'d sT6 y ""'+dt� m d �� ✓�.��rxr L�..-3,a...mG� ,w�'�. � _.�..+ AddendumTemplate Revised:4/15/10 1 February 25,2013 New Business 7-f 74 of 146 Email: scottjohnson @colliergov.net CaleirrAY Telephone: (239) 252-8995 ,� Divtsion FAX: (239)252-6588 P ADDENDUM 2 Memorandum Date: December 12, 2012 From: Scott D. Johnson To: Interested Bidders Subject: Addendum#2 Solicitation#and Title 13-6009 South Marco Beach Sand Re-nourishment Project The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Questions and Answers: Question: The following quote is located in the DEP permit, "During excavation and fill placement activities, Collier County's On-Site Representative will collect a sediment sample at not less than 500-foot intervals of newly constructed berm and prior to completion of the next 500-ft section to visually assess grain size, Munsell color, shell content, and silt content." A similar requirement is in the Technical Specifications, but the responsible party is the contractor. Is this a requirement of both the owner and contractor, and if so, why the redundancy? Would it be more prudent to allow the owner to test solely as it is required by the permit? Response: The County is requiring the Contractor to conduct the permit required sediment sampling and testing as stated in 11.7.9. Question: The technical specifications state substantial completion is 90 days, but other areas of the specifications state 60 days. Please clarify. Response: The Contract Time has been changed to the following. All references AddendumTemplate Revised:4115110 1 February 25,2013 New Business 7-f 75 of 146 within the Bid Documents to 60 days, 90 days, dates of Substantial Completion, and dates of Final Completion shall be changed according to the following. CONTRACT TIME: February 12, 2013: Issue Notice of Award February 26, 2013: Issue Notice to Proceed April 1, 2013: Substantial Completion of Beach Fill Template, Stations 1488+00 to 1481+00 April 27, 2013: Substantial Completion of Beach Fill Template, Stations 1481+00 to 1461+00, subject to the Environmental Window defined in TS-)0C. May 12, 2013: Final Completion Question: Is beach tilling a requirement of this contract upon completion of the dredging? Response: No. The County shall conduct the required beach tilling between April 28th and April 30th to comply with the Environmental Window. Question: I see there is a requirement to have a minimum of a 14 inch ID discharge on the dredge that will be used on this project. The dredge we have available has a 14 inch OD discharge. This is the same equipment we used on the Estero Island Beach project and the Blind Pass dredging project. Both projects were finished on time. Can you change specifications to consider past performance to allow our equipment to be used? Response: The requirement remains the same as specified in the Bid Documents, that being having a minimum of a 14 inch discharge line (Interior Diameter). Question: "Of special note is the Permit requirement for the maximum shell content equal to 5% retained on the #4 sieve. The CONTRACTOR shall utilize best management practices to implement the requirements of the Permits and avoid placing shell hash in excess of state standards." It should be noted that the contractor has very little control as to what comes out of the pipe. The borrow area is established, therefore, whatever material is in the borrow is what will be placed on the beach. We assume the owner has investigated and tested the borrow source to ensure that it is acceptable for beach nourishment. If an unacceptable amount of shell and/or shell hash is placed on the beach, and the contractor has dredged within the permitted borrow template, the mitigation cost should be paid by the owner. We consider placing this risk on the contractor to be unreasonable. The specifications need to address responsibility, regardless of the perceived likelihood of this occurring. Please consider an amendment clarifying the liability February 25,2013 New Business 7-f 76 of 146 of placing "unsuitable" material on the beach so that we have comfort in bidding this project. Response: The intent of this section is to notify the County inspector on site so that the cutterhead dredge can be moved in the borrow area to avoid that pocket of shell hash, if significant. The County and Engineer working cooperatively with the Contractor and will make that decision. The County wants cooperation from the Contractor to move the dredging operation in the borrow area if required. While the County does not expect to encounter significant quantities of shell hash, the County must have the Contractor's cooperation. Remember, that this borrow area has been used many times in the past but there might be small pockets of shell hash. If the Contractor abides by the Permits and cooperates fully with the County, if the County wants to have shell hash removed from the beach or re-spread the shell hash within the Work area, the mitigation costs will be paid for by the County. The County expects the relocation of the dredge in the borrow area will be at the Contractor's expense. Question: "The CONTRACTOR must own the cutterhead-suction dredge having a minimum of a 14 inch discharge line (Interior Diameter) to be utilized on this Project. The Bidder must have demonstrated experience with this dredge on the successful completion of a minimum of three (3) similar projects." We have a long history in beach nourishment and have several dredges that can meet this requirement, but we have one particular dredge that we purchased in 2010. It has worked on one similar project, but does meet all other requirements. Please consider an amendment clarifying this language. Response: If the dredge the Contractor is proposing has a minimum of a 14 inch discharge line (Interior Diameter) as defined by the specifications, and the Contractor's company and site supervisor have experience using this or similar Contractor owned equipment; and the only issue is that this particular dredge has only been in the Contractor's inventory for 2 years, then that meets the intent of the specifications and the Contractor's proposal to use this equipment would be deemed acceptable subject to the other terms and conditions of the Contract Documents. Question: The USACE permit requires turbidity testing every 6 hours while dredging. The DEP permit requires turbidity testing 2 times daily, at least 4 hours apart. Please clarify which is correct. Response: Turbidity monitoring shall be conducted by the Contractor in accordance with DEP Permit No. 0235209-003-JC dated October 11, 2012. Specific Conditions 32 through 34 contain the provisions including monitoring twice daily at least 4 hours apart. ` GENERAL ITEMS February 25,2013 New Business 7-f 77 of 146 1. Please include in the Addendum a sentence emphasizing the importance of the Bidders filling out the questionnaire contained in the Technical Specifications and submitting it with their bid. 2. Please address that the County's one year warranty provision is not applicable to the beach restoration feature of the Project. 3. Liquidated Damages: Are changed to $1600.10 per day TECHNICAL SPECIFICATION CHANGES PART I. INTRODUCTION Renumber I. 2.0 PROJECT MANAGEMENT to I. 3.0 PROJECT MANAGEMENT Renumber I. 3.0 ORDER OF WORK AND PROJECT SCHEDULE to 4.0 ORDER OF WORK AND PROJECT SCHEDULE Insert new section I. 2.0 Alternate Bid The CONTRACTOR is notified that the potential for additional Work exists subject to funding. Specifically, the COUNTY is seeking post-storm recovery funding from FEMA for impacts associated with Tropical Storm Debby. At its sole discretion, the County reserves the right to authorize excavation of an additional 15,000 cubic yards of beach compatible sediment from the permitted borrow area limits and placement of the sediment within the permitted fill limits as part of this CONTRACT. The option to or not to authorize the placement of the additional sediment shall not be a basis for claim for additional time or money. All provisions of the CONTRACT specific to the base bid fill quantity are applicable to the optional bid fill quantity. It is noted the permitted fill template was authorized for 104,000 cubic yards; and the borrow area available volume is approximately 154,000 cubic yards. PART II. SOUTH MARCO ISLAND BEACH NOURISHMENT PROJECT 11.1.0 WORK Add the following section. 1.11 Environmental Window No work on the beach and no equipment storage on the beach are allowed after May 1st which is the start of sea turtle nesting season. Due to the Environmental Window and fiscal ramifications of not completing the Work on time, all Work must be substantially complete four (4) days prior to the Environmental Window. February 25,2013 New Business 7-f 78 of 146 Four (4) days prior to the Environmental Window, the CONTRACTOR is responsible to stop Work, and complete Work area restoration and final cleanup in accordance with 11.7.8 "Final Cleanup." 11.3.2 Order of Work Add this paragraph as the second paragraph. In order to comply with 11.1.11 and 11.3.12, the order of the Work shall include the following sequence: 1. Construct the beach fill template from south to north. 2. Substantially complete the beach fill template between approximate Stations 1488+00 to 1481+00 by April 1st. 2. Substantially complete the beach fill template between approximate Stations 1481+00 to 1461+00, by April 27"'. The CONTRACTOR may propose an alternate order of Work subject to review and approval by the COUNTY and ENGINEER. 11.3.12 Access to Work Add this paragraph as the second paragraph. In accordance with GP-12, the COUNTY notes that the COUNTY will be conducting an erosion control structure repair project of the two (2) rock groins and three (3) breakwaters along South Marco Beach (Collier County Bid No. 13-6011) between monuments G-2 to G-4 (rock groins) and in the nearshore adjacent to the Work area (breakwaters)concurrently with the Work. The CONTRACTOR will have to work cooperatively with the COUNTY and their rock contractor during the Work. The rock contractor shall provide for a 10-foot wide pipeline corridor from 100 feet south of monument G-4 to 100 feet north of monument G-2 for the CONTRACTOR to install their sediment pipeline. 111.1.9 Manatees, Smalltooth Sawfish, and In-Water Sea Turtles Add this sentence to the end of the first paragraph. The CONTRACTOR is responsible for obtaining required approval from the federal agencies for their observers prior to commencement of the Work. February 25,2013 New Business 7-f 79 of 146 If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: R ?a s ed 02 - 4;13.. :51 N Qr Ea'; k€r�s,.-s* .+' � 4? j 3 .4i.444-0.n ' r sr i �nk 4 4 -�Y1T ..'... .-4 � , -�,8 r- e 'T:n fr" te apx h, r $w, at �F � rr iota sr� �a � February 25,2013 New Business 7-f 80 of 146 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. FEMA and other grant forms. 10.Any addenda have been signed and included. 11.The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: .Bid Number; 13-6009 .Project Name; South Marco Beach Sand Re-nourishment .Opening Date.12/13/2012 13.The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Cavach- In Bidder Name. Preside rek- Signa ure &Title DAM ADACH E Date: 12113112 27 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 81 of 146 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Cavache, Inc. ("Contractor") of 280 NW 12th Ave, Pompano Beach FL, 33069, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with South Marco Beach Sand Re- nourishment, Bid No. 13-6009 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Coastal Engineering Consultants, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Six Hundred thirty Thousand one hundred eighty-five dollars ($630,185.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 28 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 82 of 146 underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion by April 1, 2013. The Commencement Date (herein "Contract Time") shall be upon issuance of a Notice to Proceed. The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion on or before May 12, 2013. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand six hundred dollars and ten cents ($1600.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is 29 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 83 of 146 fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above"noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 30 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 84 of 146 H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Coastal Engineering Consultants, Inc. and identified as follows: South Marco Beach Sand Re-nourishment as shown on Plan Sheets 1 through 8. Exhibit N: Contractor's List of Key Personnel ITB 13-6009 South Marco Beach Re-nourishment Terms and Conditions Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: J. Gary McAlpin, P.E Collier County Coastal Zone Management 2800 North Horseshoe Drive Naples, FL 34104 Tel: 239/252-5342 Fax: 239/252-2956 Email: garymcalpin @colliergov.net 31 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 85 of 146 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Cavache, Inc. Attn: Adam Adache, President 280 NW 12th Ave Pompano Beach, FL 33069 Tel: 954/568-0007 Fax: 954/943-8550 Email: infocavache.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. 32 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 86 of 146 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 33 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 87 of 146 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Cavache, Inc. By: FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, Esq, Chairwoman Approved As To Form and Legal Sufficiency: Print Name: ' Assistant County Attorney 34 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 88 of 146 EXHIBIT A 1: PUBLIC PAYMENT BOND South Marco Beach Sand Re-nourishment Bond No. Contract No. 13-6009 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 35 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 89 of 146 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 36 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 90 of 146 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 91 of 146 EXHIBIT A 2: PUBLIC PERFORMANCE BOND- South Marco Beach Sand Re-nourishment Bond No. Contract No. 13-6009 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 38 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 92 of 146 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 39 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 93 of 146 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by , as of a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 40 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 94 of 146 EXHIBIT B: INSURANCE 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 EXHIBIT B 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. 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. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B 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. Coverages,)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 thirty (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 coveragels1 required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverageW and charge the Vendor for such coverageal 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 41 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 95 of 146 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 coverages). purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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. 42 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 96 of 146 Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance/Bond Type. Required*Li"n its>' 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000.00 single limit per occurrence 3. ® Commercial General $1,000,000.00 single limit per occurrence, $2,000,000 aggregate for Bodily Liability(Occurrence Form) Injury Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. $ single limit per occurrence 4. ® Indemnification 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. 4. ®Automobile Liability $ 1,000,000.00 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000.00 Per Occurrence ® Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ 1,000,000.00 Per Occurrence ❑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. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate 43 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 97 of 146 ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ® 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. 7. ® Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds 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"A-"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. 8. ® 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. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® 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. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® 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 44 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 98 of 146 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor') releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated ,, 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by. , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 45 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 99 of 146 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER) or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name &Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 46 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f ,N N 00 of 146 ° o z'1,='' E a O ¢I= a) H o 1 ~ W ~ NI° N N ) 5 I W I- a) 4I I a) •m I 'art Z y'' � ■ a) IFa °7E E W C o 0 rn + w — o a), Q O u mI I N atz mo' v - o �i Z a7 co ai CC m 0i C of .7 -J LL O m O N U a) . N= I w▪• w S2 -0 CC '1 76 I w 2 o a O o .. 01 — —CI CI r3 CU 1 J1 Fw° wtF a3 p O a- I- 0 E I- 2(n 0 d O a6 H c r—,— 1 I ■ w a= • 0 ac o I I- �I mu O N m CD �p 161Z o NO a> I- i ~ r ° cW w — ma.. a — c Qa ca I--, ."3- lici J N p a, u_ a o a 0 a o v a 00 w t LLI a Y b5 c CI I a , .r a) 'm No• o .`C- & w C L Cr r . r o vi O .c o J O i W j= • Co Q 'O 0 O c c .t-. Co r O p C 42 a)I p C -c' 0 Z = € c O c 0 .c a, = cc � i N c a -i w u O Q ocl I- •A N. ` rig i O O O p Z c 2 m 03 CO m t I= m WZ w- r W a. 1 3 February 25,2013 New Business 7-f co cv 101of146 vN _ o 0 t wl re W C co) !4 C m W -p O II 41 T. oo :° a V c � o i 25 m. _ 0 < �7 �o — > w , L o u d ,o > m 'd a O d co ce I- d - as 'O N d 7 > R < C "c7) m a ce L • o ' t N d w v d o E > > C b. a� a c U, _ - 0 a) C N o d U_ 1 W d ea February 25,2013 New Business 7-f 102 of 146 EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: 49 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 103 of 146 Director (For use by Owner: Fund Cost Center: Object Code: Project Number: 50 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 104 of 146 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 51 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 105 of 146 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 52 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 106 of 146 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) 53 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 107 of 146 By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name &Title) 54 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 108 of 146 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 55 Construction Services Agreement: Revised 08/15/2012 February 25,2013 New Business 7-f 109 of 146 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities", Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 56 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 110 of 146 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to. submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 57 Construction Services Agreement Revised 08/15/2012 February 25,2013 New Business 7-f 111 of 146 4.3 Contractor shall submit all Applications for Payment to Michael T. Poff, P.E., Coastal Engineering Consultants, Inc., located at 3106 Horseshoe Drive South; Naples, FL 34104. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 58 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 112 of 146 fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C,, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 59 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 113 of 146 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 60 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 114 of 146 relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 61 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 115 of 146 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 62 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 116 of 146 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under 63 Construction Services Agreement.Revised 08/15/2012 February 25, 2013 New Business 7-f 117 of 146 the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and 64 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 118 of 146 Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping,or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 65 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 119 of 146 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 66 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 120 of 146 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 67 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 121 of 146 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately . upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 68 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 122 of 146 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 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 Employment Eligibility Verification System (E-Verify) 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 services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive. Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. 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, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration 69 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 123 of 146 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 and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 70 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 124 of 146 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed-under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 71 Construction Services Agreement.Revised 08/15/2012 February 25,2013 New Business 7-f 125 of 146 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the 72 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 126 of 146 procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 73 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 127 of 146 recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 74 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 128 of 146 tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 75 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 129 of 146 exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 76 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 130 of 146 consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 77 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 131 of 146 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 78 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 132 of 146 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 79 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 133of146 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 80 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 134 of 146 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within,a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 81 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 135 of 146 and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 82 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 136 of 146 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 137 of 146 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 84 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 138 of 146 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor/ Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 139 of 146 limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county'local program thirty (30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 86 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 74 140 of 146 certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 87 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 141 of 146 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: 13-6009 South Marco Beach Sand Re-nourishment FEMA 2012 10-24 88 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 142 of 146 EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: 13-6009 South Marco Beach Sand Re-nourishment 89 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-f 143 of 146 EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: 13-6009 South Marco Beach Sand Re-nourishment 90 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 144 of 146 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: 13-6009 South Marco Beach Sand Re-nourishment 91 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-f 145 of 146 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: 13-6009 South Marco Beach Sand Re-nourishment 92 Construction Services Agreement Revised 08/15/2012 February 25,2013 New Business 7-f 146 of 146 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project Manager 93 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 1 of 100 EXECUTIVE SUMMARY Recommendation to award Bid No. 13-6011 to Florida Marine Construction, Inc, in the amount of $728,578 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211. OBJECTIVE: Recommendation to award Bid No. 13-6011 to Florida Marine Construction Inc. in the amount of$728,578. CONSIDERATION: On May 22, 2012 (Item 11A), the Board of County Commissioners (BCC) approved the conceptual plans, for the FY12/13 Marco South beach renourishment and structure rebuild project and directed staff to develop a six year renourishment design for the beaches. At the June 26, 2012 meeting (Item 11B), the BCC approved the design engineering and permitting services for the South Marco Beach Renourishment&Erosion Control Structure rebuild project. The Erosion Control Structure project included the rebuilding of the five (5) erosion control structures back to the original design specifications. Bids were posted in the lobby of the Purchasing Department on October 31, 2012 with 1,360 vendors notified and 86 bidders' downloaded plans and specifications. On December 10, 2012, four(4) bids were received by the deadline for the construction of the South Marco Beach Erosion Control Structures Project Bid No. 13-6011. The apparent lowest and qualified bidder was Florida Marine Construction, Inc. Staff carefully evaluated the bids that were received and determined that Florida Marine Construction, Inc. is the lowest qualified and responsive bidder for the award of Bid No. 13- 6011. The Engineer's opinion of probable cost of construction was projected at $1,200,000 including a 25% contingency. The scope of work associated with the award of this bid will include the rebuilding of five (5) existing rock structures on shore and off-shore according to the contract plans and specifications and permit conditions of record. The bid tabulation is as follows: Bid Tabulation Lucas Marine Acquisition Company, LLC $1,706,501.20 Center Marine Contracting, LLC $1,080,857.19 Gulf Group, Inc. $ 973,223.00 Florida Marine Construction, Inc. $ 728,578.00 Staff recommends that Bid No. 13-6011 be awarded to Florida Marine Construction, Inc. as the lowest qualified and responsive bidder. Please note that the recommended vendor is a local vendor. FISCAL IMPACT: Funding for this project will be from Tourist Development Tax, Fund 195. Current funding for this Bid award is available in Project 80211. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. February 25,2013 New Business 7-g 2 of 100 ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was unanimously recommended for approval by a 7 to 0 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. —CMG RECOMMENDATION: Recommendation to award Bid No. 13-6011 to Florida Marine Construction, Inc, in the amount of $728,578 for the construction of the South Marco Beach Erosion Control Structures Project No. 80211. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Bid Tabulations B) Contract 13-6011 Project Manager:Clint Perryman Bid No.13-6011 Erosion Control Structures for South Marco Beach N 'g 360 Date Posted 10/31/2012 Not tp gwn oaded:86 Date Due: 12/10/2012 Bids Recieved 4 Florida Marine Center Marine Lucas Marine Number Description Unit Qty Construction, Contracting, Gulf Group Inc, Acquisition Inc. LLC Company, LLC 1 Mobilization&Demobilization LS 1 $36,000.00 $427,081.89 $335,000.00 $720,089.00 2 - Armor Stone Tons 1050 $96,600.00 $82,320.00 $99,750.00 $113,400.00 3 Bedding Stone Tons 110 $12,980.00 $6,274.40 $21,010.00 $47,603.60 4 Geotextile SY 175 $5,215.00 $378.00 $1,225.00 $29,652.00 5 Breakwaters'Armor Stone Tons 1560 $143,520.00 $122,304.00 $148,200.00 $168,480.00 6 Surveys LS 1 $14,000.00 $35,100.00 $56,825.00 $81,080.00 7 Environmental Protection LS 1 $17,473.00 $17,550.00 $77,193.00 $29,776.00 8 Armor Stone Installation Tons 1050 $145,950.00 $165,364.50 $86,100.00 $202,545.00 9 Additional Excavation CY 4000 $40,000.00 $10,000.00 $20,000.00 $102,480.00 10 Armor Stone Installation Tons 1560 $216,840.00 $214,484.40 $127,920.00 $211,395.60 Total $728,578.00 $1,080,857.19 $973,223.00 $1,706,501.20 _Material Manufactures (Yes/No): Yes Yes Yes _ Yes List of Subcontractors (Yes/No): Yes Yes _ Yes Yes Statement of Experience of Bidder (Yes/No): Yes Yes Yes Yes _Trench Safety Act (Yes/No): . Yes Yes Yes Yes _Local Vendor (Yes/No): Yes No No _ No E-Verify(Yes/No): Yes Yes Yes _ Yes Immigration Affidavit(Yes/No) Yes Yes Yes Yes Bid Bond (yes/No): Yes Yes Yes Yes Opened By:Scott Johnson Witnessed By: Nicole Parker February 25,2013 New Business 7-g 4 of 100 • Cotler- County Adninksizative Services Division Putvhasing Erosion Control Structures for South Marco Beach COLLIER COUNTY BID NO. 13-6011 COLLIER COUNTY, FLORIDA Scott Johnson, Procurement Strategist Email: ScottJohnson©colliergov.net Telephone: (239) 252-8995 FAX: (239) 252-6588 Design Professional: Coastal Engineering Consultants Pudr Depat e1.337.7 Tamiaml Trail East•Naplea,Florida 341124901•www.cdtergov.neVpurchasing 1 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 5 of 100 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B -INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 14 BID SCHEDULE 15 MATERIAL MANUFACTURERS 16 LIST OF MAJOR SUBCONTRACTORS 17 STATEMENT OF EXPERIENCE OF BIDDER 19 TRENCH SAFETY ACT 20 AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS 21 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 22 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 23 BID BOND 27 BIDDERS CHECK LIST 29 CONSTRUCTION AGREEMENT 30 EXHIBIT A 1: PUBLIC PAYMENT BOND 37 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 40 EXHIBIT B: INSURANCE REQUIREMENTS 43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 47 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT .48 EXHIBIT E: CHANGE ORDER 51 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 53 EXHIBIT G: FINAL PAYMENT CHECKLIST 55 EXHIBIT H: GENERAL TERMS AND CONDITIONS 56 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 88 EXHIBIT J: TECHNICAL SPECIFICATIONS 89 EXHIBIT K: PERMITS 90 EXHIBIT L: STANDARD DETAILS 91 EXHIBIT M: PLANS AND SPECIFICATIONS 92 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 93 2 Construction Services Agreement:Revised 08/15/2012 • February 25, 2013 New Business 7-g 6 of 100 "Jae1 Ci3Y Adhinistathe SeMces CiStision Purchasing PUBLIC NOTICE INVITATION TO BID Erosion Control Structures for South Marco Beach COUNTY BID NO. 13-6011 Separate sealed bids for the construction of Erosion Control Structures for South Marco Beach, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of November 2012, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 14th day of November 2012, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Erosion Control Structures for South Marco Beach Bid No. 13-6011 and Bid Date of November 30, 2012". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents, The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashier's check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract 3 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 7 of 100 Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within One hundred twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 31st day of October 2012. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director 4 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 8 of 100 PART B-INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction ServicesAgreement:Revised 08/15/2012 February 25. 2013 New Business 7-g 9 of 100 enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the one hundred twenty (120) day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than one hundred twenty (120) days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. s Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 10 of 100 Section 5. Signing of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued via the Online Bidding System at their respective email addresses furnished for such purposes no later than three (3) working days prior 7 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 11 of 100 to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the Bidding documents. 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 these Bidding Documents 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 Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. a Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 12 of 100 Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the,Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any.Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid, Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent (25%) from the estimate at the time of bid. 11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners, Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder 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 holidays) of the date that the recommended award is posted. Upon filing of said 9 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 13 of 100 notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http://www.colliergov.net/Index.aspx?page=762. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.6 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.orq/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. 12.7 Local Vendor Preference: The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County contracts. A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent (10%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity 10 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 14 of 100 to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087 F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for local preference on this solicitation. A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with responsible bidders 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. Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as"The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an intemal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder 11 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 15 of 100 shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts • 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 Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, 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, 12 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 16 of 100 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. Section 17. 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 response. 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 solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, 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. Section 18. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public 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 from the date of being placed on the convicted vendor list." 13 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 17 of 100 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Erosion Control Structures for South Marco Beach BID NO. 13-6011 Full Name of Bidder FtORZI.A..__MARr,rt.... CoNlatt vg#1-Tou r.7=.WC Main Business Address. .O. Place of Business 171 1�vc it t.oa _C?.aC!. .... r TAmtlb l.xri FL:b1,51 Telephone No. .c�J�1- 01 ' 1`1.38 Fax No. act- State Contractor's License # C-bClg'`j'D`J3/11 State of Florida Certificate of Authority Document Number_ J�5_ Federal Tax Identification Number (0'J •Ooga3n To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 14 Construction Services Agreement:Revised 08/1512012 February 25, 2013 New Business 7-g 18 of 100 BID SCHEDULE Erosion Control Structures for South Marco Beach Bid No. 13-6011 Florida Marne Number Description Unit Qty Construction,; 1 Mobilization&Demobilization LS 1 $36,000.00 2 Armor Stone Tons 1050 $96,600.00 3 Bedding Stone Tons 110 $12,980.00 4 Geotextile SY 175 $5,215.00 5 Breakwaters'Armor Stone Tons 1560 $143,520.00 6 Surveys LS 1 $14,000.00 7 Environmental Protection LS 1 $17,473.00 8 Armor Stone Installation Tons 1050 $145,950.00 9 Additional Excavation CY 4000 $40,000.00 10 Armor Stone Installation Tons 1560 $216,840.00 Total $728,578.00 15 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 19 of 100 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: r'AR=N E C oNST AvCT=e, Signature:_ Qom_ C2Q Date: \2-10-1Z Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. _._..._._..-_._ _-...__...__.. 4. _.. Please insert additional pages as necessary. Company: Signature: Date: 16 Construction Services Agreement'Revised 08/15/2012 February 25,2013 New Business 7-g 20 of 100 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical 2. Mechanical Plumbing 4. Site Work 5. Identify other µox Z'a+��$7,23CS C.M01.07 Au—MAXI porn subcontractors that _ represent more than 10101 M As.t.O a y r 10% of price or that —. Si JAMCS C=TY 1'1. affect the critical path ' - of the schedule '5395G 6. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 7. Identify other subcontractors that represent more than 10% of price or that affect the critical path 17 Construction.Services Agreement.Revised 08116/2012 February 25, 2013 New Business 7-g 21 of 100 of the schedule 8. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule 9. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule � 10. Identify other subcontractors that represent more than I 10% of price or that affect the critical path of the schedule Company: FLD R T'DA Mxt Cp,v5rRoCTToiv NC Signature: Date: Id 10 1.) 18 Construction Services Agreement Revised 08/15/2012 February 25, 2013 New Business 7-g 22 of 100 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. 1 IA A<EL 1.,JA NV Tit • qtrriLiZatimityAVS_____AvAISTOM t PI(Mite N Piutco FL ACTT /.4 pa-it Vt,m,S)091 #11.cs 2. u AyibRket_l_m_.=......C? lAumrtiroti naoat No..96t$ lb awry Moo ac 21, 9021 ik-f JAEtt Ibt.v7) N A PLO 3. t.../; 7"-__(!gars_. IA v.4 zsrou Hevae todat. N FL V't-i90A /011 LC*, 0.4p7i vrAtAA0 ItAtIT NAPO 4. jATLLts, (0020TAL___ , i-1.u.47.sTam iNiKoLcs, FL itott.7, 114404-44-..tepr • or dsoct s/gAmv v it,••Pas 5. -00v.T St,A5 TLAirl A7 rel. e. 1-41■50 h.S5 C 444P7TV F Cots,Trg 439.'6311.6:V __PS% 14.71.1. ut rr LtsCAS 6. Company: T40 Vo A M Ae, £ COPS?'R eTrem, Signature: Date: 19 Construction Services Agreement Revised 08/15/2012 February 25,2013 New Business 7-g 23 of 100 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) (Description) (LF,SY) Cost Cost 1. 2. 3. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Company: 1.4 Q Z 1 -1 5 A I 1 A Q 2 A/Q. C.0 057 iQ VC TT()lJ "TAN Signature: '�....3h,.c��.a. tI Date: _ , d,10.I P 20 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 24 of 100 CO C.pH:my It Immigration Law Affidavit Certification Solicitation: Erosion Control Structures for South Marco Beach This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further, Vendors/Bidders are required to enroll in the E•Verify program, and provide acceptable evidence of their enrollment,at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this_Affidayit and_acceptable evidence of enrollment in the._E-Verifj_prouram,_ma.,y_deem the Vendor/ Bidder's pron_osai as non.resoo,nsive. 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(''INA"). 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 comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. M Company Name C` I_0 M ART N£ 44. X IV(' Print Name C1.4A0La'E CoAa.C.7A Title..1).i2tt,grhtuT Signature Q,a...3.- Date M • 1O• +; State of 1' Lana TTA` County of 1.tQ t rat The forego, ! instrument as signed and acknowledged before me this iv day of M£CtHj4/? , 20 t , by _ , - . , (print or type name)who has produced �,- '{ s�� type of identification and number)as identification. r • , / .r. ,,01%itt4IUHngi Notary Public Signature e ��a �tjlAsew, �i .�`� iuss•• F�' Air ' StL.F• cRRy *.;�yt'�aey18,�� 09 Printed Name of Notary P blic Notary Commission Nu er/Expiration 'q`' „ ;:Q�°�•�• /ry1c;STATE 0 The signee of this Affidavit guarantees,as evidenced by the sworn affidavit requi+ree ,���� ittgFem,the truth and accuracy of this affidavit to interrogatories hereinafter made, 22 Construction Services Agreement:Revisea 08/15/2012 February 25, 2013 New Business 7-g 25 of 100 Cot; u.szty COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal, 1. General Information(provide all information) I Taxpayer Nam ,rt,ii * RtN 1J'iT�VCT SOt✓ NrZ' (as shown on income tax return) i Business Name (if differenhtgm,kexpgxer name p Address . d7 6/4'IS City MANLACN4 t- State a t. e Gt • zip 339 /3 Telephone o��7•orp;�•1129 FAX VA' •M' •of II Email CA4 AR1.,t b FL MA 470.7t.�a T X. I 00 Order Information I Remit f Payment Information Address $A i C. A H F I Address % City State Zip City State Zip I FAX FAX Email Email 2. Company Status(check only one) I _„Individual/Sole Proprietor - ''$ $Corporation __partnership Tax Exempt(Federal income tax-exempt entity ; ,.._. Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification ; _�D=Disregarded Entity, C=Corporation,P=Pe#nershipl_ 3. Taxpayer Identification Number(for tax reporting purposes only) [ Federal Tax Identification Number(TIN) -� ri 1._.(Vendors who do not have a TIN,will be required to provide asocial security number prior to an award of the contract.) 4. Sign and Date Form Certification:Under penalties of pei ury, /certify that the information shown on this form is correct to my knowledge. Signature Date •I Title 'iltiorbtMT ` Phone Number .aS3 494 1 23 Construction Services Agreement:Revised 08/15!2012 February 25, 2013 New Business 7-9 26 of 100 BID BOND KNOW ALL MEN BY THESE PRESENTS. that we Florida Marine Construction,inc. (herein after ------ / called the Principal) U (herein called the Surety), a corporation chartered and existing under the laws of the State of Iowa with its principal offices in the city of Des Moines and authorized to do business in the State f -------------- firmly bound unto the _Board,ofCorty Commissioners—ORfoffierGunty,-rloridi. (hereinafter called the Owner). in the full and just sum of _Five Percent of Amount Bid donarci (S 5% • good and lawful money of the United States of America. to be paid upon demand the Owner. to which payment well and truly to be made. the Principal and the Surety bind themselves, their heirs and executors administrators and assigns. iointiv and severally and firmly by these presents. Whereas. the Principal is about to sobmu, or has submitted to tie O*/ne, a B/� for furnishing all labor. materials. equipment and incidentals necessary to furnish install and fully complete the Work on the Project known as__ _____________________ Erosion Control Structures for South Marco Beach Bid No, 13~6011 NOW. THEREFORE, if the Owner shah accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award ~in accordance with thm terms of such Bid and give such bond or bonds in an amount of 100;�the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor materials and nd supplies furnished n the prosecution thereof or in the event of the failure of the To enter into such Agreement or such bond or and deliver tc Owner the required PRINCIPAL ohail pay to the C)8L/GEE the fixed sum of + above as !iquida!ed damages and lot as s penalty. as piovided in the Bidding Documents then this b1igaivn shall be null ono ,o/d otherwise to remain: in full force ano effect IN TESTIMONy' Thereof, the Principal and Surety have caused hose presents v be duly signed and sealed th/s__?.f4h day o/- 1. �Fri2^e 20 12 . .. ' . ` Florida Marine Construction Inc. 6 �-~ — �� •By {6e�/� . .. '� ` mwz�^���mgc���(mu�aD ' � ~~ � / Bonding Company �u/c�y �``--,' / hr ,t,,ia.duemrAtterriey-in-Fact.80.1 ,Sea!) Licensed Agen CoufIrecoj8ned N/A ' '' ___ February 25,2013 New Business 7-g 27 of 100 Local Resident Producing Agent for N/A r ')1 February 25,2013 New Business 7-g 28 of 100 MERCHANT-7;44k BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL).a corporation duty organized under the laws of the State of Iowa.and having its principal office in the City of Des Moines,County of Polk.State of Iowa.hath made, constituted and appointed,and does by these presents make,constitute and appoint Kevin W0jtowicz.Glenn Arvanitis,John R,Ncu of St.Petersburg and State of Horida its true and lawful Attorney-in-Fact.with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,undertakings,recognizances or other written obligations In the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION($3,000,000.00)DOLLARS and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully end to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney Is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 18,2002. ARTICLE II,SECTION 8-The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact.and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof ARTICLE II,SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of arty bond. undertaking, recognizance: or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed In Witness Whereof,MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal to be hereto affixed,this 9th day of June . 2010. ..�QNG..CQ�A, UFRCHANTS BONDING COMPANY(MUTUAL..) ••y VO °� 9y ' .&'. 1933 ' • By 7:74, STATE OF IOWA • President COUNTY OF POLK ss. On this 9th day of Juno .2010 before me appeared Larry Taylor,to me personally known.who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL),the corporation described in the foregoing instrument,and that the Seal affixed to the said Instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof.I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa.me day and year first above written. CINDY$MYTH G�J / Commission Number 173604 i/ f MyMComhii0 Commission 2012 Notary Rubric.Pak County.tows STATE OF IOWA COUNTY OF POLK 55. I, William Warner,Jr..Secretary of the MERCHANTS BONDING COMPANY(MUTUAL).do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by Bald MERCHANTS BONDING COMPANY MUTUAL).which is still in full force and effect and has not been amended or revoked, In Witness Whereof.I have hereunto set my hand and affixed the seal of the Company on this 26th day of November,2012 .d- • .! :a'• 1933 rC Secretary :c POA 0001 (1109) •'•.o'Iq••..• \A. ------ --- - February 25, 2013 New Business 7-g 29 of 100 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that. since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder, The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within five (5) calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date, The undersigned further agrees to substantially complete all work covered by this Bid within Ninety (90) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within thirty (30) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of F.4,0 RTVA... .. County of L c.€.......... . ..... . ... CN XQ►ac GAR MA42174 COOSTaverso±K being first duly sworn on oath deposes and says that th Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. t /� CNARr..rt beae=,s Fi.,or+ r 1 ►AR-syc CoPSTpvcrxoN , also deposes and says that it has examined and refully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 24 Construction Services Agreement.Revised 08/15/2012 February 25,2013 New Business 7-g 30 of 100 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of i•t.o a's-DA which operates under the legal name of h.eaxns in rwte Cal.-172v ti-Tom 'Zur , and the full names of its officers are as follows: ' President. C 14 4,7g GAao.Ti► Secretary._ CNAaL GAae.TA Treasurer CUAa,,•zt GAQtrA. ,. . Manager....._.0 batt.rt._. GAaean The --P2ESx-DE,vrt is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken . - -• copy o w last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 25 Construction Services Agreement:Revised 08/1512012 February 25, 2013 New Business 7-g 31 of 100 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED v; • to• legal entity ".111-/a. BY: CO.Ag 47C Cofr"./e 11.1.. TNG Wit Bidder (ess Name of Bid ed) ups?02.04,7 row • Witness Signature .-PEQCSTIYA.AT.T., Title STATE OF COUNTY OF LeC I et 74$ The foregoing, instrument was acknowledged before me this lei day of /CC.Crt3ta, 20 IQ, by CWX01.31 G ARO% , as Tratsralck" of 7%-oasiv, MAA rot COPler,00,x_r. a F irs,,A corporation, on behalf of the corporation. He/she persorewn to me or has produced as identification and did (did not) e an ojft My Commission Expires:114 novi .47 ( itna1ure of Notary) NAME: Sg..4.17.• RAY 00"""100., (Legibly Printed) NNot„sys..pe."4. SONt (AFFIXt■F4wAL-Sfilg.)% Notary Public, Ste of 1.f4-4)Rz-D//4 = :4 •* =*; ; = Commission No.:41)97199j #00 9'77221 .141 49%1*,.ecod.di:44, /""figlifICIte‘ 26 Construction Services Agreement:Revised 08115/2012 February 25,2013 New Business 7-g 32 of 100 PRE-BID INFORMATION (Attach to Bid Form and include attachments as necessary) A. Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementing the phases involved. WEeks ro -PAC? SrQ1.)C.Tt1RES FoR. ARMOa S.Ton ID WEEKS zNSTALL FA%Are , CM=G. 51-0Pc B. What is the estimated duration of the Work in days and months? kuTTCr ATE. ?1203CC.-r *O TAKE 111.) 114%04 CyxO,tras) r0 Ca.iP.t,t¢, ?RU.Cc-r t..0CA rr0, 114 t.ut.r. or= ME.vrco MA 13C, TrLPQC*�v bot -re wtd�T►ti� C. What size and type of equipment will you used on this Project, to include cranes, front end loaders,dozers,dump trucks,conveyors,etc.?What equipment will you purchase or rent for the proposed Work? 5 5O LC ko$ELeo C'iCAVATOR ' O LC kOttLc() Low&, I'2E.acN £'sGAVStOa y � 'C'oN Kota x . C.RAMC Sal I ECRC 1aoxor C)01) Leonvco 3d I7001" i"o0r CJrect_ --bARG,E Awe 7,4. D. List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. ?01)NC4 --rR00g- - 10 BtrtAy � ICC `(CAR CM131.011ct 'P£Rt=0ertC'o 2NSYALLATrO„ 01]u. ?Ain leCk. .WA Ma IT-taAOro> $T12utivet1 1•641,,t CLe c,.t• FoaM LA xi � J Vt _ PERvoRHi-p ? NSl'ALLAtro.v pP 15REAIlwATCR, TCTTrdb Ar✓D 9R0RCLsufS BS-, February 25, 2013 New Business 7-g 33 of 100 E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. - 1TC. Gk41.pg A�, 10i2v1 „C Scotr4+_..$3Cb�000._ LEA Cou,vrY OL.b NA;PLes SsA'POaT, 1' 1, 000, 04 NAPLCS St ` �t+dk3a� '��. � + r�gaE4l. U��.�. A COL 001 Ldg1t51 $ 39,006, -1)R14041-00 YAPS J 71.5oP AS F. Will you sublet any part of this Work?If so. Rive details. Nor wo+t'!C , 1'1ATexre. SuA1L 'Sbc... TRIs.NS "PoArCD 3'I . "I'F.raiLPCP-D ENT TRutit=NG. CQrtPA,vY G. What is the last Project of this nature that you have completed? , , k Eck,AY vry "� —psi_ 1 . 6eoFA, 0 etA144,A-r-fie OtwutR - Cold TTNC✓T AL CON5T+2 UC.1-VOA, ewc.x.weta - 44urIT'Stom >; goo 4E H. Have you ever failed to complete Work awarded to you: If so, where and why? No 1. Name three individuals or corporations for which you have performed similar Work and their contact information as references. �R4.A1LtvAT£,,¢ ‘ T- CCae r --?Qortc.TS/14uNr-S a�Tp 1-,Ooa£ '2M.6 •00x'11 Cs ROrN S C,0 aSrAL 5 meet Ls,vE 1 R.oTECT 44N (\AIDS `N rL50,v 'Ass -334.6'. BS-3 February 25, 2013 New Business 7-g 34 of 100 The undersigned guarantees the truth and accuracy of all statements and answers made herein. Signature of Bidder By C.i4 1.re Name Business Address '.c._j30y `a4 M.M. e.WA, F L . "Y39q 3 _._ Incorporated under the laws of the State of 1- 1p AT'DA }3S-4 February 25, 2013 New Business 7-g 35 of 100 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1, The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Local Vendor Preference Affidavit completed. 7. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 8. Certificate of Authority to Conduct Business in State of Florida and the County's Substitute W9 9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 10. Any addenda have been signed and included. 11. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 12. The mailing envelope must be sealed and marked with: s.Bid Number; 13-6011 'Project Name; Erosion Control Structures for South Marco Beach 44-Opening Date. 11/30/2012 13. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON,THECOUTSIDE OF THE COURIER PACKET tErbA I. 1Urn.CQ?ST4V4'f30t, Cum, Comm Bidder Name r Signature&Title Date: 1 v;•10 29 Construction Services Agreement Revised 08/15/2012 February 25, 2013 New Business 7-g 36 of 100 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Florida Marine Construction, Inc. ("Contractor") of 5271 Doug Taylor Circle, St. James City, FL 33950, a Corporation, authorized to do business in the State of Florida, to perform all work ('Work") in connection with Erosion Control Structures for South Marco Beach, Bid No. 13-6011 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Coastal Engineering, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Seven Hundred Twenty-Eight Thousand Five Hundred Seventy-Eight Dollars and no cents ($728,578.00) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 30 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 37 of 100 underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.gov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within ninety (90) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, Five Hundred Ten Dollars and Ten Cents ($510.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but 31 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 38 of 100 the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages. incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 32 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 39 of 100 H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Coastal Engineering Consultants and identified as follows: Erosion Control Structures for South Marco Beach as shown on Plan Sheets 1 through 8. Exhibit N: Contractor's List of Key Personnel ITB 13-6011 Erosion Control Structures for South Marco Beach Terms and Conditions Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Gary McAlpin Coastal Zone Management Department 2800 North Horseshoe Drive Naples, FL 34104 Tel: 239/252-5342 Fax: 239/252-2956 33 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 40 of 100 Email: garymcaplin @colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Florida Marine Construction, Inc. Attn: Charlie Garcia, President P.O. Box 248 Matlacha, FL 33993 Tel: 239/283-1728 Fax: 239/283-0111 Email: Charlie @Flmarineconstruction.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids 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 in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. 34 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 41 of 100 Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract • Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 35 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 42 of 100 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Florida Marine Construction, Inc. By: FIRST WITNESS Type/Print Name and Title Type/Print Name SECOND WITNESS Type/Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Georgia A. Hiller, Esq., Chairwoman Appr- :d As To Form eg:1 Sufficiency: ri► Name: ssistant County Attorney 36 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 43 of 100 EXHIBIT A 1: PUBLIC PAYMENT BOND Erosion Control Structures for South Marco Beach Bond No. Contract No. 13-6011 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 37 Construction Services Agreement:Revised 08/1512012 February 25, 2013 New Business 7-g 44 of 100 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 38 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 45 of 100 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 39 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 46 of 100 EXHIBIT A 2: PUBLIC PERFORMANCE BOND Erosion Control Structures for South Marco Beach Bond No. Contract No. 13-6011 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 40 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 47 of 100 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF • The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 41 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 48 of 100 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 42 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 49 of 100 EXHIBIT B: INSURANCE 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 EXHIBIT B 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", or, the specific solicitation number and title. 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. 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. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B 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. CoverageW 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 thirty (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 coverageW,required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages 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 43 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 50 of 100 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 purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage coveragef_s_i 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. 44 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 51 of 100 Collier County Florida Insurance and Bonding Requirements Insurance I Bond Type Required Limits E Worker's Statutory Limits of Florida Statutes. Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,_090,000 single limit per occurrence 3 ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 per occurrence, $2,000.000 aggregate for Bodily Injury Liability ISO form and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. E Indemnification 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 ContractorNendorlConsultant 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. 4 ®Automobile Liability $L000,000 Each Occurrence;Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5 Z Other insurance as ❑Watercraft $ Per Occurrence noted: ® 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 ® Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑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. 4 _Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ _-per claim and in the aggregate • $1,000,000 per claim and in the aggregate • 52,000,000 per claim and in the aggregate ❑ Project Professional Liability $,_ Per Occurrence 45 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 52 of 100 ❑Valuable Papers Insurance $ Per Occurrence G ® 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. I . Performance and For projects in excess of$200;000, bonds shall be submitted with the Payment Bonds 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 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. H. ® 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. ® Collier County must he named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required. I 0. ® 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. The Certificates of Insurance must state the Contract Number. or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. I. Z 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. t r1 N,nurof Firm F R=."D� , &. t„o�1STQue.7SdA/Dat��.._.__IOt_ * LQ -I 07 Vr'ndorSignature Mint Name C N AQLZ A2C'sA Insurance Agency ,A„AUS iC Co too-4 cRC£ Awl>TAIDuSf4yTNSQRANCt Agent Name CGisey UM-DEktoRTiC S Telephone Number`7 545 46 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 53 of 100 AC RDA CERTIFICATE OF LIABILITY INSURANCE I DATEIMMIDDIYYTY) 9/10/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION 13 WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER NA AT Theresa Jewell Legacy Underwriters, Inc. PHONE 5 388- (727) 445 x604 PO Box 1972 (Arc No-Ertl: rec.�);(727)3911-4510 ADDRESS:tjewell@legacyunderwriters.com Saint Petersburg FL 33771 INSURER(3)AFFORDING COVERAGE NAIC I INSURED INSURERA Itlantic Specialty Insurance INSURER B Commerce and Industry Insurance Florida Marine Construction, Inc. INSURER C P.O. Box 248 JAI D: , Ma tl actla INSURER E FL 33993 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1291000142 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. FX C___ .._0N5 AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA I TYPE OF INSURANCE AWL SUER -- ' POLICY EFF POLICY EXP I INSR y VD POLICY NUMBER (MMIDOJYVYYI�(MM!DC/YYYYI LIMITS GENERAL LIABILITY I( i ! EACH OCCURRENCE 19 1,000,000. jf X j COMMERCIAL GENERAL LIABILITY I DAMAGE TO RENTED T � PREMISES(Es ocanrsncel _3 50,000. A I _ I .,CLAIMS-MADE I X l OCCUR i 5Ja25045 S/30/2012 /30/2013 MED EXP IMy one person) $ 5,000. rX i Watercraft Liability PERSONAL E ACV INJURY 5 1,000,000. I 11{.....i ...'.._ .. i GENERAL AGGREGATE $ 2,000,000. GENL AGGREGATE LIMIT APPLIES PER. I I POLICY PjF¢ Ti LOC { PRODUCTS••COMP/OP ADD S 1,000,000. $ AUTOMOBILE LIABILITY T ' COMBINED SINGLE LIMIT IEaam,dsnf) .S 1,000,000. A �ANY AUTO I BODILY INJURY(Per Pecaonl i IF <AUTOS EO _ SCHEDULED 753023253 9/30/2012 9/30/2013 BODILY INJURY(Per acaoent)�3 I xy HIRED AUTOS X NON-OWNED PROPERTY DAMAGE fflii AUTOS I( eracademt !$ i UMBRELLA UAB X I OCCUR — I EACH OCCURRENCE $ 2,000,000. A I..�EXCESS UAB I I CLAIMS-MADE, I AGGREGATE -.S 2,000,000. i 0E0 I X RETENTIONS 25,000. 5J525046 9/30/2012 9/30/2013 S $ I WORKERS COMPENSATION WC STA'TU• I IOH- i AND EMPLOYERS'UABIUTY Y/N ,FR nv I'ROPRIETOR/PARTNER/EXECUTIVE, 14i 1'b::ER'MEMBER EXCLUOECP I ] N,A j 11/24/2013 E.L_EACH ACCIDENT S 1,000,000. I(Mantlatory in NH) 1 rC005227055 1/24/2012 I E L.DISEASE•EA EMPLOY $ 1,000,000. II y es descr,bs Linder I _DESCRIPTION OF OPERATIONS below• 8155 Inc ludod. ' EL DISEASE.POLICY LIMIT I S 1,000,000. A ;Jones Act - 2 Crew 5J825045 9J30/2012 /30/2013 Knee Ad 51,0(X),OOQ ) i I DESCRIPTION OP OPERATIONS,LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remaf,s Schedule,dram space Is required) Certificate Holder is Additional insured as interest say appear. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County Commission ACCORDANCE WITH THE POLICY PROVISIONS. 3301 East Tamiami Trail Naples, FL 34112 AUTHORIZED REPRESENTATIVE :% ��v)twt�r' ACORD 25(2010/05) ®1988-2010 ACORD CORPORATION. All rights reserved. INS025'. .urYJ;01 The ACORD name and logo are registered marks of ACORD February 25,2013 New Business 7-g 54 of 100 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor') releases and waives for itself and its subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 47 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 55 of 100 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and(4)CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) _ (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 48 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 56 7100 u � - - � } I - - - - - - - S § k1- ,- § . ) , . . . . . .F2 0 � 31 /� 1 / |2 ! § e t - 0 E %2 w _. . . . . § e 7 . k }a ) , 2 8f 2 , . _ . . - , . , . _ | f . 22 )- ) § 1- us ® \ 4� IV EG . Io � / §$ \ //\ . . � _ , \ . . _ k7§J )) . . . _ . . . •. - / k � k g, z _ , . . .Ea } _ E A 0 k/ c z 9E S- 6 ƒ t7 0 � � �f ° � . . $Q -1 2 o 0 ( ] �� w 0 © § 2i D : - . ! 2 0 tr § @ . ¥a o 0o §\ ■ .. _ _ . . . . \ƒ q w k- m7 % ) / . =zW )0.k • ) s= � � A o . & =. 2 u 5 §ga § a oas c I-. a O �£ o —E_ ƒ § E � k/ ® U• �- z - - - - - / � February 25, 2013 New Business 7-g 57 of 100 $0 0 0 .5 w c 2 CC no C CO rn u m o4aa a) I U 5 .e o �. .2 CO 2 < d S U +R, E a`. c u. d ,o > •; a O H d ce F- 4! is 2 a. c o � ro °> E e — Z L. m Q. C. N C .o O 0. c v 0 U_ 0 s x w m w. R 0 February 25,2013 New Business 7-g 58 of 100 EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance.-The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: Director (For use by Owner: Fund Cost Center: Object Code: Project Number: 51 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 59 of 100 February 25, 2013 New Business 7-g 60 of 100 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER • And To Substantial Completion Is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. • The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 53 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 61 of 100 RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTORS obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 54 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 62 of 100 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: , 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES ' NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) • By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 55 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 63 of 100 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1,2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 56 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 64 of 100 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 57 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 65 of 100 3. SCHEDULE. • 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 58 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 66 of 100 4.3 Contractor shall submit all Applications for Payment to Michael Poff, Coastal Engineering Consultants, located at 3106 Horseshoe Drive South; Naples, FL 34104. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner.is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating; in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held throughout the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 59 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 67 of 100 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent 60 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 68 of 100 inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its 61 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 69 of 100 final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a 62 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 70 of 100 substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to • and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time);_ 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 83 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 71 of 100 • 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. sa Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 72 of 100 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time 65 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 73 of 100 shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and 66 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 74 of 100 Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the.Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such 67 Construction Services Agreement:Revised 08115/2012 February 25,2013 New Business 7-g 75 of 100 work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments; actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the 68 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 76 of 100 extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq., and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 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 Employment Eligibility Verification System (E-Verify) 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 services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive., Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. 69 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 77 of 100 Vendor acknowledges, and without exception or stipulation, 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 seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s).• Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 70 Construction Services Agreement Revised 08/15/2012 February 25, 2013 New Business 7-g 78 of 100 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay 'promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract.Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 71 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 79 of 100 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the 72 Construction Services Agreement;Revised 08/15/2012 February 25, 2013 New Business 7-g 80 of 100 procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 73 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 81 of 100 recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents, If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection, Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 74 Construction Services Agreement.Revised 08/15/2012 February 25, 2013 New Business 7-g 82 of 100 tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 75 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 83 of 100 exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 76 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 84 of 100 consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 77 Construction Services Agreement:Revised 08!15/2012 February 25,2013 New Business 7-g 85 of 100 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment, Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 78 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 86 of 100 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 79 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 87 of 100 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said • regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 80 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 88 of 100 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 81 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 89 of 100 and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 82 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 90 of 100 work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 91 of 100 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 84 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 92 of 100 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34,1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2)times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY. If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING. All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 93 of 100 limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS. An underground 62-761, Florida Administrative Code (F.A.C.) or aboveground 62-762, F.A.C. regulated tank requires notification to the 'County prior to installation or closure of the tank. The Pollution Control Department (239-252-2502), via contract GC-690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the 'county local program thirty(30) days prior to installation and again forty-eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty-eight (48) hour notification prior to commencement, The notification is to allow for scheduling of the inspections pertaining to the installation/closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor/project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62-761, F.A.C. and 62-762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator 86 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 94 of 100 certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation' of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 87 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 95 of 100 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: N/A 88 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 96 of 100 EXHIBIT J: TECHNICAL SPECIFICATIONS • Supporting documents found at: http://bid.colliergov.net/bidl and titled: Exhibit J Technical Specifications 89 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 97 of 100 EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Not applicable 90 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 98 of 100 EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid:colliergov:net/bid/ and titled: 13-6011 Erosion Control Structures for South Marco Beach 91 Construction Services Agreement:Revised 08/15/2012 February 25, 2013 New Business 7-g 99 of 100 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Exhibit M Construction Plan Set • 92 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-g 100 of 100 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Construction Superintendent Project Manager 93 Construction Services Agreement:Revised 08/15/2012 February 25,2013 New Business 7-h 1 of 6 EXECUTIVE SUMMARY Recommendation to approve a Work Order for the physical monitoring of Doctors Pass by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of $22,012 and authorize the County Manager or his designee to execute the Work Order. OBJECTIVE: To move forward and provide physical monitoring for Doctors Pass to determine the current condition of the pass, what shoaling exists and potential dredging solutions and quantities. CONSIDERATIONS: Doctors Pass experienced minor shoaling in 2012 that was not severe enough to justify a dredging event. Recent information provided by the City of Naples suggests that additional shoaling has occurred, possibly as a result of Tropical Storms Debbie and/or Isaac. This monitoring will perform a bathymetric survey of Doctors Pass from the mouth of the Gulf of Mexico to the interior channel at the confluence of Moorings Bay and will be consistent with previous yearly bathymetric surveys of the pass. The budget breakdown for this project is as follows: Task 1 —Doctor's Pass Inlet Survey $15,000 Task 2—Doctor's Pass Inlet Engineering Monitoring Report $7,012 Total $22,012 The monitoring report will be completed within 15 days after completion of the bathymetric survey. FISCAL IMPACT: Budget from Tourist Development Tax funds is available in Fiscal Year 2012/2013 in project 195-110406-90536. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 6 to 1 vote. LEGAL CONSIDERATIONS: Collier County's Tourist Tax Ordinance No. 92-60, as amended, currently authorizes the use of tourist development tax for pass and inlet maintenance. The question of whether the County may use Tourist Development Tax funds for pass and inlet maintenance has been submitted to the Attorney General's Office for an official opinion. This February 25,2013 New Business 7-h 2 of 6 item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: To approve a work order for Professional Engineering Services for Doctors Pass for Fixed Term Physical Monitoring Services by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$22,012 and authorize the County Manager or his designee to execute the Work Order. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Proposal February 25,2013 New Business 7-h Doctors Pass 3 of 6 Atkins Professional Engineering Services for Doctors Pass Fixed Term Physical Monitoring Services for Coastal Management Collier County Contract Number 09-5262-CZ January 20,2013 ATKINS is pleased to provide a scope of work for Collier County Coastal Zone Management Department. The intention of this Work Assignment is to provide professional guidance, preparation of project documentation (monitoring reports) and expert review of project information for the Physical Monitoring of the Collier County coastline (Doctors Pass). In accordance with Collier County Contract Number 09-5262-CZ the following scope of work is presented herein. SCOPE OF SERVICES This monitoring will take place in Doctors Pass. Consistency with previous surveys is extremely critical and significant to Collier County. Contractors/consultants will have the responsibility to complete monitoring for Doctors Pass from the mouth at the Gulf of Mexico to the interior channel at confluence of Moorings Bay. Navigation Channel and Interior Inlet Hydrographic Survey Nearshore cross-sections will be surveyed as per the previous post-construction survey events. An ACSM Certified Hydrographer shall oversee the hydrographic survey. All work will be conducted in accordance to Section 01200(Borrow Site, Shoal and Other Bathymetric Surveying) of the March 2004 Bureau of Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control Projects. Cross-sections will be collected from a survey vessel equipped with RTK GPS technology and a dynamic motion sensor to provided instantaneous tide and motion corrections. Standard hydrographic procedures shall be followed including all necessary quality control checks. Horizontal and vertical positioning checks will be conducted at the beginning and end of each day. The fathometer will be calibrated via bar-checks and a sound velocity probe at the beginning and end of each day. The DIGIBAR PRO sound velocity meter or equivalent which provides a fast additional calibration for sound velocity as compared to the traditional bar check shall be used. More specifically, bar checks will be performed from a depth of five feet to a maximum depth of twenty-five feet or a depth representing the maximum potential depth of the survey area. Analog data showing the results of the bar check calibration will be displayed on the fathometer charts at five foot increments during descent and ascent of the bar. In order to maintain the vessel navigation along the profile lines HYPACK navigation software or equivalent shall be used. This software provided horizontal position to the sounding data allowing real-time review of the profile data in plan view or cross section format. The navigation software will also provided navigation to the helm to control the deviation from the online azimuth. 1 February 25,2013 New Business 7-h Doctors Pass 4 of 6 Atkins Preparation of Post-Project Monitoring Reports ATKINS shall prepare the yearly monitoring report in accordance with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems (BBCS)protocol for submittal to Collier County. Data collected for the monitoring of the project shall include navigation channel and borrow area surveys for Doctors Pass. The purpose of the monitoring reports is to summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns within the monitored area. In addition, the report shall include a comparative review of adverse impacts attributable to the project(s). Specific quantities and parameters that will be analyzed, if data are available, include the following: • Bathymetry changes within Doctors Pass • Bathymetry changes across the interior navigation channels of Moorings Bay • Volume change rates The above analyses will provide a qualitative understanding of the project and/or storm-induced bathymetry changes to the pass. All monitoring reports will include a transmittal referring to applicable FDEP permits, the permit condition requiring the report and the period in which the monitoring was conducted. The reports will be submitted as a bound printed report and on a disk in electronic .pdf format. ATKINS will prepare for,travel to and attend two(2)meeting. The meetings will be held to coordinate the project, meet with County staff, and to provide project updates to the County Project Manager and other stakeholder representatives as deemed necessary and appropriate. One ATKINS senior engineer will attend this meeting, again as deemed appropriate. ATKINS will complete monthly updates to County staff on the schedule,task and present budget of the project. In addition, quarterly progress reports will be prepared that outline project expenses to date and review the budget and schedule. Budget Estimate Work for this assignment will be performed for the lump sum amount of$22,012. Work will be billed to the County on a monthly basis based on the percentage of work completed for the preceding month. The budget breakdown per project area is as follows: Task 1 —Doctor's Pass Inlet Survey .$15,000 Task 2—Doctor's Pass Inlet Engineering Monitoring Report $7,012 Total $22,012 Schedule Estimate The following schedule of completion is anticipated. 1. Submit draft monitoring reports within 15 working days following receipt of the survey data. 2 February 25,2013 New Business 7-h Doctors Pass 5 of 6 Atkins Assumptions 1. All existing information/documentation including, but not limited to, survey data, project permits, environmental information,previous studies,etc. will be provided to ATKINS by the County. 2. This quote is based upon project scope outlined in Contract Number 09-5262 CZ and conversations with County Staff on January 18,2013. 3. No biological monitoring of artificial reefs or hardbottom are included in this scope of work. 4. No side-scan sonar or diver verification of seagrasses, artificial reefs or hardbottom are included in this scope of work. 5. No aerial photograph will be flown. 1/21/2013 Jeffrey '' ,lr Date Projectair;6tor Atkins North America,Inc. 3 February 25,2013 New Business 7-h Doctors Pass 6 of 6 Atkins C j : ."T 111:DC FT Q (Collier County Project IColllerCounty Physical Monitoring Project No: Collier County Post-Isaac Survey Labor Cbsis Task Task 1 Raw Nlit Y u 1 ` zz i M nits; Total Labs Labor a R3sornel i Rate Repci is Nbnhotts Cost (Thrt Project NIAfit- $%85 -1 4 $235 $718 Sericr ErAgireer $4292 A) $858 $2,618 Project Et cii $3550 8 8 $284 $866 ErOnfer E1T Woo 0 0 $3 $0 CADTedTicaan 5330.00 2-1 24 $723 $Z 196 Airtiristrathe $18."A 2 2 $37 $114 'Rita Hobs 4Riiiiiiti 58 58 u 4 rl1 '',t11 w 1 M N l+ r I u > i. -cam riiiiiiiiiiiiiiii INIMINIMININ $4 iii a 1 MIL IaxurGist 221111101 $6,512 515,512 �, i q ' q si - A irinsable 1\1i1tipIied in1is iie Q761S r ieF z 1n ,,,,r13 z Costs Costs ' Y, Y , a Tawl $0 { � o $D $D lodging SD 7-.':A9466gallan,V11 SD SD Nlsc. $p �i���ihN}tip $D $D 41Y4ls C_eotedtrical Analysis $D ;1 r1at " $D $0 Bach Suney $l 'a 10001 1 $1 $l GlactkstReproduiion $500 alga s i ttias a r. . $15503 YY w ,° >l sa s $15500 $15,503 11 Molt ReinllsaHes $15,503 M $15,503 $15,500 'MIA Avject Bu t $15,500 AliiiiiiiiiiiiiiiiiillMOIRa $22,012 4 February 25,2013 New Business 7-i 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Work Order to Atkins North America, Inc. to conduct Post- Tropical Storm Isaac physical beach monitoring of Collier County main beaches under Contract No. 09-5262-CZ for a lump sum amount of $59,800 and authorize the County Manager or his designee to execute the Work Order. OBJECTIVE: To conduct post Tropical Storm Isaac physical beach monitoring for potential FEMA reimbursement of beach storm damage. CONSIDERATIONS: This analysis will take place on the Vanderbilt, Park Shore and Naples beaches to determine the exact damage that occurred as a result of TS Isaac. The budget breakdown for this project is as follows: Task 1 —Vanderbilt, Park Shore, and Naples Beach Engineering Post-Storm Topographic & Bathymetric Survey.. .$40,800 Task 2—Vanderbilt, Park Shore, and Naples Beach Engineering Post-Storm Analysis Report ..$19,000 Total $59,800 FISCAL IMPACT: Budget is available in Fiscal Year 2012/2013 in project 195-110406-90536. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 6 to 1 vote. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG RECOMMENDATION: To approve Professional Engineering Services for Post-Tropical Storm Isaac Analysis of Collier County Beaches by Atkins North American, Inc. under Contract No. 09-5262-CZ for a lump sum amount of$59,800 and authorize the County Manager or his designee to execute the Work Order. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Proposal from Atkins North America February 25,2013 New Business 7-i 2 of 3 Professional Engineering Services for Post-Tropical Storm Isaac Analysis of Collier County Beaches for Coastal Management CN 09-5262-CZ January 23,2013 ATKINS is pleased to provide a scope of work for Collier County Coastal Zone Management Department. The intention of this Work Assignment is to provide professional guidance, preparation of project documentation(monitoring reports)and post-storm analysis of the impacts to the Collier County coastline after Tropical Storm Debbie. In accordance with Collier County Contract Number 09-5262-CZ the following scope of work is presented herein. SCOPE OF SERVICES This analysis will take place on various beaches and inlets of Collier County indicated below as part of the 2012 Post-Isaac physical beach monitoring. The following is a list of expected monitoring locations. Please refer to previous monitoring reports for exact boundaries, survey locations,ranges and control monuments. Consistency with previous surveys is extremely critical and significant to Collier County. Contractors/consultants will have the responsibility to complete monitoring for the respective beach segment during the times indicated for each segment. Locations and monitoring timing is as follows • Vanderbilt Beach physical beach monitoring and report performed in January-February this year. • Park Shore Beach physical beach monitoring and report performed in January-February this year. • Naples Beach physical monitoring and report performed in January-February this year. Post-Storm Analysis& Report ATKINS shall prepare a report specifically discussing the impact of Tropical Storm Isaac in accordance with the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems(BBCS)protocol for submittal to Collier County. The purpose of the post-storm report is to summarize and discuss the topographic & bathymetric data collected by Morgan& Eklund, Inc. and identify erosion and accretion patterns within the monitored area. In addition,the report shall include a comparative review of adverse impacts attributable to the project(s). Based on the scope of work requested by Collier County, ATKINS will only address Range Monuments R-23 through R-89, R-139 through R-148, and 9 intermediate lines. ATKINS will review the data and use the information to create a database to identify and characterize trends and current conditions of these reaches of Collier County's coastline. The database will be created to enable visualization and completion of a comparative analysis. Specific quantities and parameters that will be analyzed, if data are available, include the following: • Shoreline and volume change rates • Beach profile evolution • Identifying and quantifying areas of acute erosion The above analyses will provide a qualitative understanding of the project and the storm-induced topography and bathymetry changes to the beach. The reports will be submitted as a bound printed report and on a disk in electronic .pdf format. 1 February 25,2013 New Business 7-i 3 of 3 ATKINS will prepare for, travel to and attend two (2)meetings. The meetings will be held to coordinate the project, meet with County staff, and to provide project updates/results to the County Project Manager and other stakeholder representatives as deemed necessary and appropriate. One ATKINS senior engineer will attend each of these meetings,again as deemed appropriate. Budget Estimate Work for this assignment will be performed for the lump sum amount of$59,800. Work will be billed to the County on a monthly basis based on the percentage of work completed for the preceding month. The budget breakdown per project area is as follows: Task 1 —Vanderbilt, Park Shore, and Naples Beach Engineering Post-Storm Topographic & Bathymetric Survey.. $40,800 Task 2 — Vanderbilt, Park Shore, and Naples Beach Engineering Post-Storm Analysis Report $19,000 Total .$59,800 Schedule Estimate The following schedule of completion is anticipated. 1. Submit draft reports within 30 calendar days following the Notice-to-Proceed and receipt of all required data(surveys)to complete analysis. Assumptions I. All existing information/documentation including, but not limited to, survey data, project permits, environmental information, previous studies,etc. will be provided to ATKINS by the County. 2. This quote is based upon conversations with County Staff on November 19, 2012, and January 18, 2012. 3. No biological monitoring of artificial reefs or hardbottom are included in this scope of work. 4. No side-scan sonar or diver verification of seagrasses, artificial reefs or hardbottom are included in this scope of work. 5. No aerial photography will be flown per County direction. I (Jf - 1/23/13 Jeff4110fabar Date Projct birector Atkins North America, Inc. 2 MAR G KETIN PARTNER S REPORT 013 February 25, 2 aples q. arco Island 1 0* Everglades A awe, j or Resea cull" Ke p Klages Research & Services, Inc * Research Data a s R �� ..,': �:, ;fi� Ja n ua ry 2013 i ` :.n. . w N4 n 1 i • _ 3 - :.•+•• � � . ourist De .: Counc` xt ' Presented by r T7-, ,14,,,' ''' ''' ... . 1 , . . t IL -441 0 .: i : �i, , .^m�yi 4.?....-....',74.:_tr .,� . . _ lt ._... I " "' . ei . Naples Marco Island " Eve rglac es� , i February X ,2013 Marketing Partner 25 Re a Economic Indicators Naples Marco Island Wolf Everglades , 3• :r•3 I i d 1:':.. x February 26,2013 Marketing Partner Repgfteira424' ------- _,., ... _ 6 of 107 _ _ _ .. Forecasts/Housing Starts Target Practice I Few forecasts hit the mark Housing starts, seasonally adjusted at an annual rate Actual:7.8%i Average:8,3% (in millions) UNEMPLOYMENT RATE - 0• -(13 0 Fourth quarter 2012 Low:7.4% High:9% 1.2 Fourth quarter 2012 compared with a year ago 0.9 GROSS tXhMESTIC 91) -9 0 1 ll PRODUCT 1.3%." L LS%L2A% 4.8% 0.6 ,,,:', '' ,6' ''',,,, /7' "■•' 'r; ','"/-7 INFLATION 0 4/ (?, 0 0.3 Personal consumption 03% 1.5% 2,0% 3.8% expecliture price index , ''' .,' /,ro i V `'*e;'';''' V's CORE INFLATION 0 lit? 0 '07 '08 'Oc) '3.0 '1.1. '12 0.1% 1.5% 1.7% 2,8% Source: Commerce Department February 25,2013 .-- Marketing Partner Rt) a-g — --- 6 of 107 — _ _ Consumer Confidence/Retail Sales Consumer-confidence index Retail sales, change from a 70 month earlier MEW 60 Wil, ° 0.5 II I d II 50 alli 0 I 40 Mil E. - I 1 II 0.5 30 -1.0 2011 '12 '13 2012 Source: Conference Board Source: Commerce Department February 25,2013 --,--,-- Marketing Partner ftfritik'ffe.14 7 01107 ,,/,'ff•**` Median HH Income/Euro Performance Median household income, The euro's performance seasonally adjusted, against the dollar in 2012 dollars $56,000 • $1.50 1.40 Ell ilikTIIM 52,000 ilir1411 =MAIM 1.30 48,000 MIIII 120 '07 '08 '09 '10 '11 '12 '11 '12 '13 Source: Sentier Research Source: WSJ Market Data Group February 25,2013 Markebng Partner Reportslia,g' 8 of 10 Annual 2012 (January — December) Visitor Profile to,r, Naples Marco Island Everglades °Research Data Services, Inc. 2013 r Number. o f Vi s i t o`i s February 25,2013 .,..... Marketing Partner Repo,,*,, a=g 9of107 Economic Impacts of Tourism Annual 2012 0/0 Number of Visitors 1,573,000 +5.6 Room Nights 2,264,700 +3.5 Economic Impact $1,435,074,518 + 11.2 © Research Data Services, Inc. 2013 February 25,2013 Marketing Partner Reg 9a.g Visiror Origins Annual 2012 # of Visitors 2012 A ©lo Florida 580,158 +1.2 Southeast 103,896 -2.1 Northeast 284,720 +4.0 Midwest 250,079 +8.8 Canada 41,913 +28.3 Europe 240,590 +18.1 US Opp Mkts 71,644 +2.1 Annual 2013 1,573,000 +5.6 © Research Data Services, Inc. 2013 February 25,2013 ..- '` Marketing Partner Repor alt _--.-- 11 of 107 ..� -- __ » European Visitation Data Annual 2012 oho Share `of Visitors © °/a 2012 111-112 Central Europe 41.3 99,363 +20.7 U.K. 42.5 102,280 +14.7 Other 16.2 38,947 +20.9 Total European Markets 100.0 240,590 +18.1 © Research Data Services, Inc. 2013 RDS Occupancy/AD f - 12 of Annual 2 12 Occupancy ADR 2011 2012 % ,n, 2011 2012 % A January 66.4% 74.8% +12.7% $159.1 $168.7 +6.0% February 83.8% 86.6% +3.3% $233.1 $253.8 +8.9% Mph 89.1% 92.2% +3 5% .:. $240.6 $260.1 +8.1% April 76.1% 78.0% +2.5% $217.1 $223.3 +2.9% May 66.5% 67.6% +1'.7% $150.1 $160.9 +7.2% June 61.3% 61.9% +1.0% $134.2 $141.4 +5.4% July 63.7% 66.3% +4.1° $112.1 $115.5 +3.0% August 50.0% 51.1% +2.2% $102.4 $110.7 +8.1% September 48.7% 49.7% +2.1% ' $103,0 $108.7 +5.5% October 60.5% 61.9% +2.3% $116.6 $122.1 +4.7% November 68.3% 69.6% +1.9% December 65.4% 67.5% +3.2% $174.7 $189.1 +8.2% ANNUAL 66.7% 68.9% +3.3% $155.8 $166.1 +6.6% c AVERAGE February 25,2013 Marketing Partner Re w 13 of 107,, � .. Smith Travel Research Information Naples Marco Island Everglades it Tr flit cu a c F ery 25 2013 arkebng Partner Re . 4 of 107 `.. January 1. Occupancy (%) Trans % A 12-13 Grp % 0 12-13 Total Naples MSA 30.8% +18.0% 39.3% -2.8% 71.9% Miami-Hialeah 52.9% +11.0% 25.8% -2.8% 82.5% Florida Keys 66.3% +12.4% 12.8% -21.8% 79.2% Ft. Myers 39.9% +15.9% 23.2% +8.0% 65.5% Sarasota-Bradenton 4°3 3%a 3 »3% 18.8% +11,1% i 62.2% Clearwater 26.5% +4.7% 31.4% +3.6% I 57.9% St. Petersburg : 36.3% +4..0/0 217% +12.6% 60.6% Palm Bch Cty 49.0% +11.9% 27.9% -5.8% 78.1% Ft. Lauderdale 51.8% +9.5% 23.3°la. -13.7% 80.1% SOURCE.SMITH TRAVEL RESEARCH,INC. Smith Travel AD Marketing Partner Rem • "" 15 crf iii n January 2013 ADR ($) Trans % A 12-13 Grp % A 12-13 Total Naples MSA $242.83 +11.9% $189.75 +3.5% $209.35 Miami-Hialeah $230.81 +12.2% $190.20 +8.5% $211.11 Florida Keys $229.49 +7.6% $20543W/ +3,3%% $225.42 Ft. Myers $126.75 +4.8% $120.72 +5.0% $122.05 Sarasota-Bradent n $110.40 +3.3% $10 . 7 +5.5% $ ,0 .9 is Clearwater $113.22 +7.8% $96.13 -0.7% I $103.95 St. Petersburg $109.86 +8.4% $116.92 +4.9% I $112.16 Palm Bch Cty $172.60 +3.8% $166.70 +2.6% I $168.49 Ft. Lauderdale $141.00 ` +6.0% $158.08 +7.2% $140.86 SOURCE.'SMITH TRAVEL RESEARCH,INC. Smith Travel0cc u pa r � F> Reporta'tra'cr January 2013 Occupancy ADR RevPAR 2013 % A 2013 % A 2013 % A Naples MSA 71.9% +5.7% $209.35 +8.0% $150.53 +14.2% Naples Upscale 81.9% +5.0% $264.47 +7.9% $216.69 +13.3% Miami-Hialeah 82.5% +4.7% $211.11 +12.2% $174.26 +17.5% Florida Keys 79.2% +4.9% $225.42 +7.3% $178.53 +12.6% Ft. Myers 65.5% +10.4% $122.05 +6.4% $79.90., +17.5% Sarasota-Bradenton 62.2% +2.0% $109.99 +3.9% $68.44 +6.0% Clearwater 57.9% +4.1% $103.95 +3.4% $60.21 +7.6% St. Petersburg 60.6% +6.8% $112.16 +7.6% $67.98 +14.9% Palm Beach County 78.1010 +5.5% $168.49 +3.0% $131.62 +8.6% Ft. Lauderdale 80.1% +1.0% $140.86 +5.9% $112.79 +7.0% SOURCE:SMITH TRAVEL RESEARCH,INC. February 25,2013 �_ Marketing Partner Re"rn 17 of 107 Executive Summary January 201. 3 la Naples Marco Island Wolf l,verlads © Research Data Services, Inc. 2013 Metrics esa p3,a201 a r 3 e a January 2013 • This January, a record 1671000 visitors stayed in Collier's overnight accommodations (1-..1.2 % . Travelers spent $883 million in the destination, with a total economic impact of $131.7 million (+8.2%). Key performance statistics are as follows: January: 2012 2013 % A Occupancy 74.8% 75.8% +1.3 ADR $168.7 $178.3 +5.7 RevPAR $126.2 $135.2 +7.1 © Research Data Services, Inc. 2013 • February 25,2013 s VisitorM etri c 9aof;fl Part RepaF Januciry 2013 The majority of property managers % indicate that their three month forward reservation levels are the same or better than this time last year: of Properties (January) Reporting Reservations: 2012 2013 Up 58.5% 48.3% The Same 22.0 41.4 Down 12.2 3.4 Research Data Services, Inc. 2013 I Visit"of M e r c 2D of 1{��', January 2013 • This January, the Naples, Marco Island, Everglades area attracted visitors from the following core markets: 2012 2013 January Visitation Visitor # Visitor # % 0 Florida 44,388 46,092 +3.8 Southeast 11,016 10,688 -3.0 Northeast 46,008 47,929 +4.2 Midwest 32,400 32,064 -1.0 Canada 3,402 3,674 +8.0 Europe 17,982 19,372 +7.7 Mkts. of Opp. 6,804 7,181 +5.5 Total 162,000 167,000 +3.1 © Research Data Services, Inc. 2013 Transportation January 2013 • Two thirds of visitors used air transportation to reach Collier this January (2012: /o). • Some 66.2% of these travelers deplane at Southwest Florida International (RSW) , while Miami International garners 10.6% of related deplanements this year. © Research Data Services, Inc. 2013 • Time 2 Fe ruary 2arkehn e i r s Visitors January 2013 • Better than one of every three visitors (34.3%) are in the Naples, Marco Island, Everglades area for first time, an increase over January 2012 320.1 %)0 © Research Data Services, Inc. 2013 February 25 2013Q Information Marketing Partn .... Jcinuary 2013 ❖ As many as 94,14% of Collier's January visitors cite using the web as a source of information for their trip. © Research Data Services, Inc. 2013 �� I�►e 8 5,2413 �.,✓""-,p...1 r 's , S atisfaction emo r � P e January...,„ • The vast majority of visitors % are satisfied with their Collier stay; 94A% plan to return to the area. • The typical January 2013 visitor is younger (2012: years f age; 2013: 50.1 years of a e), and commands a reported median household income of . © Research Data Services, Inc. 2013 February 25,2013 ,- Marketing Partner Rees„,--- w..m._ ...._.._.. '25 of 107, January 2013 Visitor Profile Naples Marco Island Everglades. © Research Data Services, Inc. 2013 February 25,2013 marketing Partner Rep q z \Iisitation/Economic Impacts of Tourism Jan Jan 112-113 2012 2013 Aolio Visitors 162,000 167,000 +3.1 Economic Im act $81,652,900 $88,346,300 +8.2 p © Research Data Services, Inc. 2013 ✓ sgi February 25,2013Ft Markef101ting Partner e Visitof-Origins 27ct :, . January Florida 46,092 +3.8 Southeast 10,688 -3.0 Northeast 47,929 +4.2 Midwest 32,064 -1.0 Canada 3,674 +8.0 Europe 19,372 +7.7 US Opp Mkts 7,181 +5.5 TOTAL 167,000 +3.1 © Research Data Services, Inc. 2013 February 25,2013 • • arketin Partner R,aewv,First Time Vsitors / Yes) January 40.0 34.3 32.1 30.0 % 20.0 23.5 24.1 10.0 6 1°1'2 8. 0.0 2012 2013 II New Market Share • Gain from FL ©Research Data Services, Inc. 2013 February 25,2 013 ✓ .:. • Markepng P ner Repo a•g .._ Airports- De -: la names Janwelry 80.0 65.8 66•2 70.0 ,n �i%✓,,, i �� jovo i 60.0 ©/0 50.0 40.0 30.0 20.0 10.0 E] 2012 III 2013 ,,A 0.0 .. 1 ...,.,._ Southwest Florida International © Research Data Services, Inc. 2013 February 25,2013 • e Marketing Partner tepq `Fa t Visit �Pe�rceptions 1� .. . Jan Jan 2012 2013 Satisfaction (c mb d, 97.4°/0 98.9% Would Recommend 94.6 94.2 More Expensive 14.7 16.6 Plan Return 93.5 94.4 © Research Data Services, Inc. 2013 February 25,2013 .� Marketing Partner Re Average Age/Median Income Jan Jan 201, 2 2013 Average Age (yrs) 51.2 50. 1 Median HH Income $149,530 $150,881 © Research Data Services, Inc. 2013 February 25,2013 Marketing Partner Reps 9 a.g 32 of 1,07 ,. i r Employment Statistic Cs oll e Naples Marco Island kvcrglades 7'.^ #i awl *3 $ °'e R'.'. ( s:! JrN °• 1 February?25,2013 - "' Marketbng Partner R.ep 33 of fGT -..,- ':�, Collier Direct Leisure and Hospitality Employment (Calendar Year)* 28,000 27,000 _.____ ___........_...._....___...._.......___.___......._ _..._..._.._....._..............__........... __.____ Tourism Industry Supported Jobs (Direct and Indirect): L y 26,000 _ 2011 2012 % A '11-'12 0 2012 25,000 30,600 32,300 (p) +5.6% W a 24,000 b___ ._. ..___ _ ..._._ _.___ ..____-._. -39 - O i x 23,000 -0 q b d22,000 ---...._._.. ..._.._...._......__...._.._..._............_....._..........._.......__....................._...._......................._._. .._---"_ ....._..._....._..._........__._. .._..._.._........_._..._...... - .,.. 21,000 ...._....--------,_..._.___........_...__..._.._._...._.._.._.___.____..._..,. ......_.._..............._.._. _.._....._.._....._..:. ....____.._.._.__._._._..___., ;:;;:._._......_......._.._.__._._ F A ,>, 20,000 ----_-__.-_ __-_ _ _"- __...-...-- .O a+ 0 O 19,000 ?- ._.._.______..-..._._-....__.-.. ....._....,.__.,__..._.._ _....__,_._.....,._..._��_._,___..._____._ ... 18,000 Jan. Feb. Mar, I Apr. May Jun. Jul. Aug. 1 Sep. Oct. Nov. Dec "40..2011 23,700 24,200 24,600 24,200 23,000 21,500 E 20,300 20,000 20,800 21,800 23,600 24,500 2012 25,500 26,000 26,200 1.... 25,800 24,400 22,700-j 21,900 21,100 21,200 22,500 24,700 25,600 i *Source: Florida Department of Economic Opportunity,Labor Market Information,Current Employment Statistic Program(CES), Collier County Leisure and Hospitality Sector. f X33 � X 9 � ^a` L 0 12 � i L. l g rA ��.� t ,,.....,,,==;== 3 ii �� Sri �y� '. /L i 0& 1 iiii:z124 y v,° i,,;,,m 1 13 4rilire i .. „ .,,,,...,.„,..,,.,,i,;',‘,,,4',1,:,:ki ,' ...,:' ,:',,,,,,,„,,,,, ,,- , .,, e , -,- � ,. pia ' Advertising Report Paradise Advertising • Inc . Marketing, OB/�u'✓ 6 a� q 3 � � Naples .M r a Islam Ever ales . r +e c. c ,r.�. P SS` Development Council Repo •k e � � February 2 , 20.13 € n E'''::::'!:;!:0...i.:::i...i...;;0f,t'i,,,,::!;',:".;.c..,..,„i,.....:.........!;...:.......;:„. . . . ...: E 9j N v'; . w S J SRS Y g: Febru-a Ales Marco Island Marketi rt'' 37 of 107 n, .�, z' u� F.. Winter 2013 Campaign Results to Date Chicago Outdoor 107,286 Total views 4 ` delivered in first month k ' ,4 of board rotation � f{ Sii{mil Y 4 rai - - . , v -...... .. g *cHA�s'A.gi._.>f.AMASiMk ww� eY,„.,...,.......... . .„-- i•-c ...„. - 3 L 9p :_.'k i • sMMn y Mi Febru �?pies Marco Island Marketi rt At�� : Aa t"'T- �E,� 38 of 107 NYTimes.com & Great Getaways x f +.3• L.L 5FCff4 PiF' 495",asai a s _Mta,st I6tatSA. ■ Nyiq Ehr Nov an.,,times. Travel v..1..ct,..a..La'S xi 29t� t 1.1:, L S1 'fS LsS Ut F<ES: 'ELES C,V t .£".:L .14AL-.1 :SEPT,. ,,,JESL\;, ,.7: .:1,.Li 'rtAY CL JEERS SEAL f.Matt AUTOS Search M1 ntV•destma6ens Plan Your Trip Tirana Pitta .. a.. Salad aka)WM1a_°untr; L.l 3a1>da CE51ina9th ,.J. chi*4(i i'lcss-rs l0 CI,I/1 201.3 Book tour trip•.:m-* o-f. ff Lac pe `°°�°oam ," ' ota Ad displayed 437,816 times Iiiiiiiiimillism $, ; Graphic and generated 1,640 clicks to ti ParadiseRefined.com 7, �� *Performing above k E ;� CuA from York tit) 3 2.pit�s r., f h� 1�h ,,. industry average III :,� A �ataktanr .r..- � ES Slam/ . s h ' i Photos ' Get DealBook by E-Mail aa iai d 4� 'a T t a. .rnm.o*. ,3'r P iaPao f as CY aanf od )gi �E.C. � r+`#'>: oab a.n ctx. here are doe3)a of .na tv ewape ar.d explore tnnpear- a!-+x.�=+ piat,Irreeenytnes.cent,,sr U: Stott,Pastor it EL E,. rrax e} NI:,, l'rtas'el%Visit1.iSI ti rng Sa.IS taa LIDS POPUAAR-TRAVEL art:etex r.r.tiara.Sae sat WI•and f f..S14.11, E.SseC a,64ia:e,:xo Gc ih mi3 Febru-14::) t�t 8 Marco Marked -rt (t0 - //.4 " - 38of107 .4 I „* „ )1,it 46i Pozil„K.ed,cw L .. Southern Living & VISIT FLORIDA ,9 � . �� DE "Florida's Hidden Treasures" _ Online Magazine December 2012 - February 2013 Totals to Date: r: :.�KW; :� , : ;,1. ;� raw taw..p..fa■iv 4.4114g L.rb • Page Views: 174,130 . ra..a w.+� a anal rnry w<vun x 6arsroodierl M . • Collier County Totals to Date: r ril>T W( •TPP4. 1nAY YpF\YA Il z;',{"'"°f4py o Page Views: 7,069 ,r� ��� ; ."Y IrsM:;:.1::alvw Wan�aq...r..s '�>• � o Ad/Video Views: 1,356 - 0, "da L� � x j � 4016., 4 W`,»....w....F,....» .ARx�e ti3'sawra;Y3al1AAA#MYYLMRh,r.SN€s 6 stOrra .. i/i4 . f ` Febru-i, iples Marco Island Market! -rt c': 40of107 ,1 � w_. Facebook — Winter Campaign Statistics from January 16 - Present An Island for Two Its paradise refined and redefined. Come find'<our ., paradise e r Florida"s ' rd Coast. • Total Campaign Reach = 1,204,313 • Social Engagement = 3,968 chilly?chill out. • Click-throughs to website = 1,661 Define your parade. Ifs here on lorda's, arm .', and sorry paradise ..,, L Coast Your Foodie Paradise Visit Piondis Parad se g- 414 Coast for the Everglades Seafood Festival,Feb. - Febru., >.T, , ples Marco Island Market =rt -IfftfidtIVEgiaog 41 of 107 kF' ""' Website & Social Media Activity Statistics from January - Present Website Data • Winter campaign drove 21,570 new visits to the website in January • Mobile visits to site increased 182.49% over last month due to the new mobile-friendly winter campaign Social Traffic • Increase of 129 fans on Facebook and 235 followers on Twitter, large increase mid-month due to winter campaign launch • Visits to website via social media referral increased 140.67% and Twitter interaction is up 42% over December due to increased user engagement • @ParadiseMeetings, @ParadiseDeals, @AthleteParadise, @FilmingParadise increased an average of 64.73% in total followers since last January I / ,i, antes Marco Island ",... Febru412 ai,.,..,.,..1i- ..„,„,....„,„,..".....),, ' Market rt 5I'41.111dtttwa-tf.-0*^...'"_ t, 42 of 107 eScapes Consumer & Meetings Email Campaign January Null ,,, , , ,,, ,i , , ,,, I 1 ,„\,,,, . 1 \1 ESCAPES ',--- .„ E_-.SCAPE , in!, , , l ' 1P,'+ ' ■ 1 ',III RI Ilr'I r ■ '" RRRRIR dm t fr4N* fee Dim (I\I R \I\ 1\1 \\I) I ()It I\\() tt)004,41 )"' 41110041P I \\HIM I RI 11 \IR 1\1) 1111 \1() 1 1)1 ()1)1 t. 11\1 \1I I 11Nt, I \I 1: H1 I i[“1I 1 a■ 1,,, 1%,,1 r 000 H, 11 ' I. '11 VISrts,,O1ORTUY'f":11.1S. i....§...,,,,,.fAP.rst 6 ue4niW 1 Fs:.,:A7,.1 !.,,, -',T, ' rrr Arr."kw-14'itu rar1"444,"r rri.4114,140.41terirAt' -1,49 % 1 1"'°' ''I I '*" }j''0 ' 1 1' i'1100 — •;.''' 1‘);,t ,I coo)t•et.,a)tt ilai 3."4-..."'.f-0:1 ''''''77'', . _ ■ r " /*U*4MVY 12.+' rt,A1 vt4ED NiErtiNO,AND CONFERhN4.'S tikt1 ELS , ,%`,, 4. , Febru , I Pies tMarcoIsland Markets -rt' ' EB10��✓' eScapes Consumer & Meetings Email Campaign - January Consumer • The open rate for January's consumer eScapes was 12.31%, an increase of 25% over last month's distribution • The click-through rate for the January consumer eScapes was 20.5%, a 36% increase over last month — most popular link was ParadiseRefined.com Meetings • The open rate for the January Meeting eScapes was 13.75%, a 2% increase over November and well above industry averages • The click-through rate for the January Meeting eScapes was 10.93%, a 27% increase over November and consistently increasing from month to month — most popular link was ParadiseCoastMeetings.com Fe b ru- > #pies Marco Island Marketi -rt 44of107 ,.,rv', DISCUSSION I QUESTIONS? • Public Relations Report Associates Lou Hammond E �t February 25,2013 Marketing Partner Reports 9 a-g 46 of 107 Naples Marco Island NZ/ Everglades, Public Relations Update 2012 + Jan/Feb 2013 TDC February 25, 2013 February 25,2013 ples Marketing Partner Reports 47 of 107 _ SrcO Isl a 1d Media Value - 2012 Destination Publicity glades TV $4.3 million News Websites $1 . 15 million Online Version $1 . 1 million Daily Newspapers $1 . 1 million Blogs $696 thousand Magazines $586 thousand News services $40 thousand Community papers $15 thousand Others $5 thousand TOTAL $9,003,341 ' 4 February 25,2013 jj��jj�pies n House Team Star Results 48 of 107 Partner Reports _ d lades, fri-:- Top Tier Magazine Cover Stories eve= s ,z C HAPT rj S SST a K #441Pit':'.5 E O4 '''''' ..z a romantic.-x cottage ,„ litlittll yi` E even�.za � �; .- 1 — ..... III � �f. IA ISLAND OASIS a r t arc 4 In-Community Team ■ February 25,2013P,es Marketing Partner Reports t 1 49 of 107 re°Island Community Awareness iverdes 'ft th/ Focus on raising awareness of the Privrehliew positive impacts and value of tourism through local/regional and broadcast Livering your world media relations. �� NEWS-Ps ... SVapieti Dailt; 1'rtt FtRIDAWEEKLY napiosneviccom 'IN THE KNOW.IN THE NOW. MARCO ISLAND "0 ./�*'t(- 4 , February 25,2013 p e S @ In- House Team• MOar 107 g Partner Reports rco Bland International Press Assistance Everglades •Handle incoming inquires for FAMs and assistance •Direct to CVB inquiries 'Our German and UK-based marketing agents 'VISIT FLORIDA 'Direct contact with journalists at shows such as Pow Wow, FL Huddle, etc. *Nearly 100% result in coverage r . T February 25,2013 !CS Marketing Partner Reports e 51 of 107 3 SfCQ Island LHA Top Accomplishments eve •Close to 100% coverage rate for agency-generated media visits •Successful program to collect hot tip information for media pitches from area tourism partner businesses 'Tourism PR Workshop xti 'S =a i , i. - ; February 25,2013 Marketing Partner Reports 9 a-g 52 of 107 Naples Marco Island Everglades 1/40sw t-3 C; P,* National Public Relations Update TDC Meeting February Lou II A MMON D&ASSOCIATES SlU IONK • ,11{111,-I'ON February 25, 013 g les Marketing Partner Reports 9 ' 53 of 107 Marco Island Media Highlights Ever lades • DELICIOUS MISCHIEF on January 19 and January 25 • CANADA.COM on January 22 UMV: 2,232,702 • TRAVELINGMOM.COM on January 25 UMV: 54,735 • OFFMETRO.COM on January 30 UMV: 40,271 • MAKE IT BETTER in February Issue UMV: 192,564; CI RC: 55,000 :02 February 25,2013ples Marketing Partner Reports r 54 of 107 _ ICQ Island Media Highlights Everglades r • QUEENS CHRONICLE on February 7 CI RC: 160,000 • FOX 4 WFTX on February 10 UMV: 36, 153; VIEWERSHIP: 12,000 • HUFFINGTON POST on February 14 UMV: 40,903,800 • WINK NEWS NOW on February 14 UMV: 94, 145; VIEWERSHIP: 50,000 February 25,2013 Marketing Partner Reports 1,pies 55 of 107 arco Island +MIMMMYwM"w1.1'"w*~ V11.�iw Activities Everglades • Weekly LH&A "Value Blast" - inclusion in 3 editions • 1 Hot Tip partner media leads • SheKnows.com Naples Marcoisland Iverglades Paradise Coast Dear Team, SheKnows.cam(UMV:5,588,439)is seeking the best and unique guest service offerings at hotels for a country wide roundup. Instead of just chocolate on the pillow,some hotels are offering cake pops and gemstones.Others are offering free bike rentals,happy hours or books.Lou Hammond&Associates,on behalf of the Naples, Marco island,Everglades Convention&Visitors Bureau Is collecting the best offerings for this pitching opportunity.The more unique the better! v,.,„ , ies Marketing February25 Partner 2013 Reports? 56 of 107 Marco Island Activities everglades Agency social media efforts • 3 LH&A Facebook posts • Value Blast • 1 /30 — Marco Island Lakeside Inn • 2/6 — Marco Beach Ocean Resort • 2/13 — Marco Beach Ocean Resort facebook � February 25,2013 Marketing Partner Reports ples 57 of 107 arca Island Activities Everglades Agency social media efforts • 6 LH&A Tweets • National Geographic Dolphin Explorer Article • "Find Your Perfect Beach Vacation" Article • Taste of Naples Article • Value Blast (x3) Lou Hammond PR 1/1 Marco Island in Oaradisecoast named one of 100 places that can change your child s life by National Geographic Lou Hammond PR Enjoy a taste of old Florida in Naples" :ParachseCoast via '-,nationalpost bit ly/12zewx1 - Lou Hammond PR Which beach will you end up at when you use this new tool? \ltstIAC .TGoTaBermuda -)ParadiseCoast bo st14JPFrO Lou Hammond PR Shake things up with a getaway w one of these packages in this - - week's Valueblast. FyilLISTVVIF n'traveldeafs pic.twitter.com/113P4ABP CIA February 25,2013 peS Marketing Partner Reports g 58 of 107 Marco Island Activities Everglades Completed Individual Visits: • JERYL BRUNNER, HUFFINGTON POST • January 22-26, 2013 • "Unwinding in Florida's Paradise Coast" feature within the next six weeks will feature the area's beaches. • Accommodations at Ritz-Carlton, Naples, rental car and guided kayak tour with Naples Kayak Company THE HUFFINGTON POST , _, co, February 25,2013 ICSMarketing Partner Reports Ir 59 of 107 C{O Island Activities Everglades Upcoming Individual Visits: • t.KENDRA WILLIAMS, MIDWEST LIVING �� . x • February 20-23, 2013 • Marco Island selected as the warm %, ° weather getaway destination • Will be featured in the Jan/Feb issue • Focus on art galleries, romantic restaurants, boat rides and the beach • Accommodations at the Lemon Tree Inn and Old Marco Island Inn and Suites February 25,2013ples I Marketing Partner Reports 60 of 107 rev s an d Activities Everglades 44 Upcoming Individual Visits: � , • DEIRDRE FROST, BUFFALO SPREE, FOREVER YOUNG, THE HOUR • February 21 -24, 2013 • Covering destination for k *00 several Northeast outlets • Focus on outdoor activities, • working with Everglades Area Tours to schedule • Accommodations at Port of the Islands Resort February , Ies Marketing 25 Partner 2013 Reports aD 9 61 of 107 _ SIco Island Activities la tea, Media Outreach Sampling � �� � �` .,_ 14$14$4,t • Alejandra Ramos 4 � ; • Associated Press `q x , �� 144 7,40 • Examiner.com • FabulousLiving.com • Huffington Post • Judy Antell, TravelingMom.com • Kelly Merritt • Kelly Carter, National Geographic Books • Lauren Mack, The Daily Meal • Tamara Lush, Associated Press • The Knot • Travel + Leisure • Visit Florida February 5,2013 mole Marketing 2 Reports s Partner 62 of 107 iviarco Island Everglades Results Sampling February 25,2013 @ .1/"? Marketing Partner Reports." irlieS 63 of 107 -Marco Island canada.corn Everglades ,M111,,,, ,,St 10417 January 22, 2013 UMV: 2,232,702 Paddting and Panthers Part of Paradise Coast Travet Experience 0 1., . . lz. 14L 4 ,, : -',,,._ , * , Kayaking Opponunittes Va d in It qh s',"1 i.,Ket c e d ed A%cal , e ,e ' e t'It Pe the.a P a Uri-ter ot:,,ii no ch-rnanf es rive la-le no ea-NNI,rnujn store-,the ii cc-nr^e.flg L,,,,,11.61,'''R. =cl 410-W:.dx crees,P d...de •,., , a->or q^,,wirrsp an restuaefs tele-en 1.ankrrs,at necile'-trite-tt,r1t,ri,",,s,n r It 50-11.-^r^,^ te>re'errees pall,.^a',,Valant r,Seeder'-n,tee' I cc'le on"to see ekpkenstem la'he 1,alfz:2 ftnuILte,.....34 Vsill,r boasts a net/tore a"paid n1 tra 1 ,*re' ri-e''', 11-COt`13 PC'rlY,`"to'bes 1P,'"c a" ' 4411, ' * , ...,” '„ fra"pake'l rail AC-eat rklenerfierth,th--u3h I r a a;toots faans are available ter ex rArr inci■a'tie Marra 1,on.am wiMi a,a,agnantra h ahnn re thn mtv,lincna,n,;my, Evcrgialos Inn a,:a hZ ICCICalel la ate: 1 alghn+ Anon en-h-.ay 1 ha.dr eeNenhdes 1101 i,aV,rnfre',tan aferalete veepping err ne0n3 1h01111w,al nrni pelt-fent 1 e,a.reeqf'e.p'tie ra,trara,,cc-heart re%-aVtlIa0.4. part-se-,11 nrea,reas H.ra me as r 7neelable hotels,wren'NeAl a-en res kip`a'he IIPX.day S ALtNg Pi Hectic ar ess s.AiSC.aeur.an' 1,41 a hanati tt 14,t),h 4.4,ti"Or,npnOesi re des+nalon Orem 1,-012 wre Pita',caw;tonal it"I pre'ff a he et Meta-in-If evening 1'4'1 40e1 In Ora',It•Kr, eeteraincl frynever,Mane{Ntatnre s-tpralty a Ian,bit AOOVYS to the Fionds Ever-ow:4s .'•a-plin Irate trOCt a I 04a,the WIZ Ni.Ypetv'-14,'th'4 ,1<,',„t vcratNtr,Niv,an Pa ,,L. 1110 anartitit p41-,'Ire Opel oatpionathe ttatelweys clmNno..to teethe A taccre et'viyilf.,n wor,n,,I rtv tanst?ere tathan ar franc a-laltry naval',a Cur Parf,Cl"11P SAM Are Tete 1 C•••tie'irr,tarn tynnttn,}nu it he ahta o wrn,t MIT l'a a'na+MOW'nes•me t ariorr'...r,tc• I,hren nr,atrLai V b,s M"‘te.rift,00111(1)11010 Expioration of Pantriel HOOMItS "'"C :fL:.)■-%i th kat;n:... w=c)../„.>;.:1.6:,c .:,ant,ore o,thc+61clec re•Loo•:;aya OM*o a:Ars'o'It: 0t111, ,5t101r,;(...41;1 '.-S1Nr01101 la 1'4;9 an,,,r'nn 1 itit-ar,(0'Tr t-rtalvvyrml-..rvie-Art r'n,nnttan C ttriv,Y.,..e.Mit.If‘1£1 26:CO A t.6 A.,a6Kit'o out,LI or....rubl Ji,0,141e0n,rt, tht.Fi JILL;raVaci "nc t,en.c:130 let sale?vong Ira-t$ai.34 arK'31 erptiatrn Act63ng a,';olon access 24c.TO' nraat,,,AV'6,0-;,,,Catr0 February 25,2013 Niples marketing Partner Reports 64 of 107 Marco Island Everglades DeliciousMischief %TV X • - 0 -LLI.diata6“-71, January 25, 2013 UMV: 1,439 Jan.19 Podcast:Stone Crabs in Naples ",Aserf NOW iffARO IMeff&NAT mai(Rift AUSTIN Saturday 0 TT a.m.Talk 1370 A etesNitatam af Sped Wanes.Spuds sc1 riX145 a,n Scott,r,ay narol,inVolved,te few wo,U to 5W40. P.mda ethic o'a.S tot Of. rex.,'no,made them r,rtitr, Whtr0vtO r,r,F Ja hoOts tn 0t GA Otis tweith flC%itttt INF id0 t0050 NNWe' v1" did we pr a o, 0 trIp'0:590 t0rtr0,SOnOnni p,1 an.er,It Whit" HOUSTON Saturdays 23 p.m.News Talk 1000 KNTH °MIAS Saturdays 1 570 KIR NEM S FROM — LOU HAMMOND&ASSOCIATES 6 February 25,2013 a` PIGS Marketing Partner Reports Yl t 1 65 of 107 arco Island Everglades January 25.2013 UMV: 54,735 Iii l3sv.s tii�.tt�`7i!�4d3 1.�fe- tiv t is n r 3 i3 t µ:aniWrrW Woe Wes Cegrlare the Cascara Wdrle Preserve Traits e,>U d wr d.cn•a may wart.a Passrr,,.;tc y v wtn s t arxsrrrew 4413 0-V ecos/Stam 8 t •.� e s 3s<l ti•:3ar■I I marl. fk 14 fs,,stasa,a Piaanat Ptaptafive IjAhk ara '=< 7*.,,^' a.ta■ 4 •.t 10 4.3 Id:,,w.,val..,„, n sl V 3t)str n tt«frt£r1f Ct YVSfi I?t:lr',e ., gy • wca,ix....ry _vt a iw.y aw.,rte. .,><..,. a f rn:aw d art nF Csai.crrw P 1 er pd n:nit i s vs<'cxd,e i i Nr.Ca t a al PrArte • ##• w9 Cypress 1.40Kasal Preserve and Grerglades National Park t” Y<'3 Y tt`A'Srnr tl t 1<:tCa4 Ggna inn • n lir it aa r lr 4a ate , uas'■ isa A rt s rteo 41t.r �meaxt<, ar�nr a•s t,win a-�d«�^rz�• ,� #w�' ��-,�� bate.t 3ktt.3 F tYpak j tat f rWd 7i of t Wtdttfn key3,3wa,Inm-;a'.Itd Wes,and:mch kt elad Py4V,r r cna'r u. I,,.jIa mole.the active<attie!erase r'c' des the d,,',,.,.a r or ox. ,.+k r.,3 en:uses la she writ ataW fork wlct o moor re.ee atloivettrO advectu't of stet caws o•ift h:km • a atectro a 3 II acrts at n¢6w&.Lies S-a+np 0 yp as ma an 1,2fArva c,rlatas a am r>x at.11C x mp rate plani cann<n.t e rs as are tuaru to 3 s,t <ak<icn st v«N3tc II..C.almoq n to wvamy tir sovinwau ftorttka e wi e 3 d i ca<)e vC f$rk'YS p n-e it 'I 1 4'','* a i a in ooaa C lhoii,tit'431¢1 n C,'.1(ir1 r L 1 r a� n sh3 a gas' z_trtegrcal a a3Twnass in t'1¢t:m'vd.131s1,�,vsg:dax roat:nrst parr 3s xma to tot "l14 t.tkns / F xi-.rear v 1 s,anr+es. .5 0' I' vI Snutkywea7 ° ' ce>enratron of sin the natt;ral treasures rn tint ..,. ."tl'•* . 'ergot' tint w.uet,lend,s.d31<ft emd tuna¢.Tire 21 acre notate ta,.petier+ce continues puti713 the•rnIshmss %r Ils,on i23 system ISIS'.(eu“a.n4111 rIn Glitl'tL 'K sonsp1at.tj re lotael ed Horton i.°I!CC4)t'/Center'.i now op en.Thos,Tt'7.ctiv ,Yh110Jr alI ON;'.'IIaII1'toi0.4 Tilt pat''t3'ati.!,tar takes thr0Sgh The V3rlaids 50.3t 14as'.fkticia ec,ssystem,and e>zp<r,tn:e tie plant:Intl ud?d;tts.,n exit hacrtat.I'i.^,u3.a'¢'(cats coat tic(,a,avc0a0l0 are the c.crder Y.,r;er and.mveras now via,,,vxzt o.r10.ks prcvide Onrp!s at.v33en9 and',<L'lter'C1l'.ort3s.nnutsson,s Iran L'c'h El'-3ttdn'4 3331 tin-`'34 Aar'13 3 ad n ti on Is 54.41'3*<hild!ert t. inn cone,' February 25,2013 µgpies 2 Marketing Partner Reports y I 66 of 107 ICU Island wwr wP Everglades off M tro tt0oect uttitttowttrt anti tlraxri4 tarsladditabd January 30,2013 tio Fesiderts andNSilo's.wall a'aatK VtAler UMV:40.271 a.,t,ak ,i Octal av*held¢Tnt 91,1:,t.ait' i I min r mStt A $5001P0 toll 0101 COCK;itt4 BOMB day 4V'.NS 10')Caacri 'HINDS DO IN NAPLES, FLORIDA �1 cv..0}1' CV/1/19 d123(:eve?3 at tln} .,t'.,test"�.�.. '"r iSxa Haar:event 0opt6at Ate,and Snaps.and a.A,._.t.eit,aVic rCStarart•C.addldan Eo the shuttle aaat rereads ete a'va3atde atFuYr`,«m., '-as «- 'S'nr t.12(0.0,1Y1t.I..031¢73, at i i Y vi'110.3}.l t p-i';hHS i F/2.14 1 k:Y•fa''YS,et t'20i).14 t i:ti I$ ."'" CV3'i14 IG a'1010 00£WV.'1`1AYta 109,:1`M 110.r'oF .-S 10'tit r)''F'11'''.3" .:};10'a t,Y=Tl.natrated ttatary of 190 add kodostIrc ia 31(0 040 eiOF 331',141a ana Sh0 # GJ t at hie+cc on ma a:aw'cin to at Sao p'ant,.ia naFIaa.tat scar tot fry:,13.‘,at th0 CFO Cantan:ai *a Beath Ra.od Ba tont Pats ate:arorF otrc•nabr hatafa)ourd'rc cry .',,. i toot,of?aaarn aldopt°"'N Breckrq:,0■50.of nanar§a Cray and: '°Fit Joo0.00,01t..t ft 1 e`rClk'r Iscra frail r'nelst ate g)''ar to wxela t?'a4a t a 4Yeal wdr 101100e0ts to 108t1 0&e1.3 C00 hat a 1"3012012 for Deina an it 4(5, ettetreKO ConknlrT Y.ix ti,lit,042,■'•YBlil et:.e>3`0'1$:2re/0 path al 1)a. "c'.,„w1,10,031,s00,0-101t.1x;041.YBa;1 4.A1F73,32a,!FP "F• 3 2 3.Sr t.0 p's n... 't}lne 0tu,of t'aeFi e H=taa,. ill Where to rctaz 3.... nitcyce?hair to tc+:dnc .Wa(233124-tfaaca tntmhr tlow treat a a,'ta'S0onatiem,art:tf a a&s 0141540.0 a, y,� •. . Y c'd 5'1'44'and"w•1'"1140 o 1210',JAW,r•rt5ao ",+ > `' 1a r ,r a fLoat(Wp10(torn 0,0 Da a)hewn (314,00(43/1:tao4 03.423.NS and)20,da•Yrt 0 Sal 10, h4t1 00130 rYn the 63. k 2„, • s n P^ 0a(11t>ertt IA.eN arc!00 a'OrtA.YIrY. s.attd o neart} **)C {Sal ii1 �1` Y K" F 1 V TT TrA g 2 � 0 ti na 24.,1 oels 411/�z;>r;Al 0.01s'at cat sl �� � ;.; � as ai war ac r'e'oa to 000 Cn'u'Sc 0.rosa y0o GcBeSc 31.4.419 town '' an v 8are east en at a 401''a Suct an., � „,, a • ✓stet},1C phl8.0s313 04-'aWja'sxs and Rectal 100.03 are a alaa+a 5..t001111 "01,..-. '1000(1 003 roc ttsa 'o(3,..atrdetrolk cOeaW1 Com*,),,,n tio-„,,* Ovet.c.V. flatland E t ? -.� Ya,FR?t4a.FF'!.6 As? 'Sf Vol toot dt 101,.!¢ Own 4 .,0 ..03 *Ara 2,2-#.22 2 4a ' Sr¢5110 tRi"T§L#.;106 ha'in pfl too0' SE.pDrIF r S 520 tot*to day From es pith _ x1' hetenditdotal �,4 atiOr yt+00. an,'t1'¢tO Tn ny a a - lar t3 W.,..1"31(.1.01,0?r whi r e,stsecrs uxl Hal Where to eat Petit,1Ti0017.404001'¢1'VW FeI:Y 111,03y' � r „.• =; „ ; 4•ce tic 4t*loom atep,t t ':n4 Fiat and 6"2.,tx 33'033 e,l beindua,.1a.'5)t'ciaa't p4,0:'OXla':'F?t'.CLC 1111 a 1I'111,44 ltdu h e1' ,._..u. 'era Yam YCa1 faYta2!6 J;e9(t.at8d r�:xa'{- tat-arts,:ho0.trn Toni t0r0ke13.r.v4=0 r. . grade.T00 autianbC 333t20 arc:007 00 78041 wee!000 Aaiar 1000,,eha ha-/e y7.i 1'004005 01,7000 711F0 s 0132 ta_61 to(.a,'to00 S doC 11th S.,JJ.0.1 *he''c-IFJS 1,00.05. Ft'n a a2003(.12 Soon,F''1',(SF ea tt"z.,_-a 100 a,autalltai t4-000.00s..00.1,4„IA).(2211110.. 1 t 0,074.0 iA 10,0IJr r-.5, tea paitad 1,1 hta'J:Otto Iry 1'00 dot*of east a 1'70 Seaf}a)clatter'fatioAg Loiter tat acid' lure.art trice 1du'ee at it ulanmro1na arc-CSVIae teat aai valet you or05 rash.-;as C1 tx y. Cot tot%Mies cui5sle Ay T4 e'Yk:P;at Co b.F Cote'i1 tiapkts edit The ra',n n.'1.0031*as a}resit'-rttis wall -.n QRaggi.'d.Maitct,0.0101 00'040, Tt 0 tract weer 1;1•SCIerd fees 0X1'1 a 5,40(1 5F ,0x181 a Puts?14,,,Tr*1'),,,A 1 February 25,2013 moles Marketing Partner Reports a 67 of 107 arco Island kk.'' it h'h c't 1 r � eW Everglades February 2013 UMV: 192,564 Circ 55,000 EVF�M 14' 13 l 1 11th Adventure 1'1111,, February 10,2013 UMV:36,153 Viewership: 12,000 Marco Island named"Top 100 places that can change your child's life" A National Geographic book names Marco Island a'"must see"aesenat.en ISask.;t cask.; "The odurtkn program k:groaning A fat of now conoolc are now okanad up'.n nano of Nun:York. ,^,ag;rar Pernskiven:a and kodde kkhe we onarkirro with elernentary schuot kids on a well.cseuetoPea curriculum" ue tr at Al of this utu to tots aye of a fdatbmel Geograp tk Tray do,Edb-h wtw txk s rkla on the po,it r.a book t1ar,�§•relax ct1 in a nitrear{,Moroni I'dnmy ke named 0^'r:nl tl+n`I op 1 g.i Plnlena r not Con(Mngo Your Gonda 1.tra "' In' The book p read o Cmustn PI'de anal Vx s Ana the smm�ing vrcrtei.aflag readers nt'must.ae`dx!maliru^r,Ana the i;rerd^,anynn. "Rfs pretty remarkable.I en ell th e's other rernarkaboi am-lours in Florida.000 Ce neatly neat to be Kam!rdn peek{sure ' .r..,.e,v. + rva'!4 '¢i •,e-:>. ,_s =; named•singled cut.`saw!Anne . Man fikt I o kilts raibng think Ws pratrf new too sek Marra ts6 c ss a grew destination .60 zdfr`ire bear sumac down lawn how yore bar,25 years."said Ten Pops,risr rq t;n:M:rnasota. ata0op 3o ne3f a at0t C'diffawc-eac bt t5"""" §nerd The -en:f the 00ok hopes Kn:e tae.to travel-and than navel n ad law,' Kan,a d M rasu0rcn feirr s aKOd'he 13 ON Is mod aidyn' As fop Kant.no coot-mama h in hnk a fears to take leans log to an t new height 071,,kwarnf s/he In,ifitHr s Con athas ltrel mad,an 'n'ra of row e,te dn♦htina ere.nr.prosna on' ui f Yee 0or more Inirmfe,o^visit vs'o`fort,,n noon:,.nom NEWS FROM .-_ t01 IOAMSION t knt� e ','rr.wa e,m yo ,v,hs r«as,r rlrim'- sift boat Add-:ac stucenx to the Jackman,uedryi 5k,p0. IROSM( ... I0C'-HANMOM)A ASSOC]NIES Fobruory 25,2013 al Marketing Partner Reports ttr, .._n es . ..... - i 68 of 107 ..viarco Island , -- Everglades Afili vi c 1 I 1*'''' hinit le ,,,,,,, . :. February 7, 2013 Circ 160,000 UMV: N/A Valentine's Day Gift and Travel Guide s ta Mal swat,forma:am or Vattatta$tfao of fra any minaret OCCA4401 tt rawer cavf if"ace tante idea&that atft natal hat WO mai at vetA SIM ItAbrktIO feat*ttattlt4tc 41)**01 Or4 tft•ttalttrt W' 4*trtAttolo Jar lacCant,ttaftot fos car$04",I MI fmacas Wahl AMOttta t ftgOettItttOtit C*1#044.01t ti 9 76 itttat it t tottoOlit tt■ttte tttelit It4tWft,t1"t■f1 tftitOttiitttt A ftt fasl fecal rettitteMti Ntttrfilt 04 Mal the Corot"hat*,osetatt tars am:vett and rot compete ter soch tat son"orafat,cort aandot f as Amazon Moot OvC ahl at% faatt thocacalit thatataft tatt a$fkakaa Ofwardet F amen Roche,aino See afl make teaft contact" Wow Lova Confect".oat of Naatat 4FM P4 has a t$6*&Mt et carxtort get st*1 February 25,2013 Marketing Partner Reports S 69 of 107 1v.tarco Island TRAVEL Everglades February 14,2013 j4 Ore:40,903,800 Valentine's Day Travel: The Most Over-The-Top Hotel Packages mr, (PHOTOS) . vou tt 1W hA,q.a 5 an tnevtiAlmhz F.4,ruan t r0314FtQ happ1. February 14, 2013 Ekvry ha3F muiginabk,0 word,hAs pAikar: n bank t th holiday Thm 1430a3 p44<44wros aro,Ct 340Ut1131 33394 orw, -v.4334313t eale rm.A Olt AN+ UMV 94,145 bowitnr plum, offrrexi tly rmt ffflP,but two bott4 thr rilpfxr•mndy to Viewership:50,000 at:.ch 1,Aelwi: Patii Ltraapd k.holly as the in at Oa itmo top V,i,ntrn,(On patkapos around tho Winter ad campaign tempts northerners with warm weather NIl It 39 kl• Att (YvT. ES0 110 l F =,".;:to.er ****1401,./ftek <,',••13,L.A 31 1 1,1 4't■! ala 1114%40441 34 .,r",r 4 '04 44 4srn314 t194111441r<431 3911314441 31141031131431 130 Vrttl,;;. 411 141 144 Chl:".a,;.‹, *44111 1 444) et,434134144c:04 34414314t)1444 47441 3 40•1 14110 FF1143314444 11 4,14$'4 40434 43141431 1444 414' 1314+1391 FInpOO February 25,2013 g leS Marketing Partner Reports 9 ip 70 of 107 ..warco Island News Releases Everglades -3h • Marco Island Named One of 100 Places That Can Change Your Child's Life Paradise Coast Tempts New York, Chicago and Toronto Commuters With New Advertising Campaign - Local version • Paradise Coast Tempts New York, Chicago and Toronto Commuters With New Advertising Campaign - New York Version • Paradise Coast Tempts Chicago, New York and Toronto Commuters With New Advertising Campaign - Chicago Version February 25,2013 �� Marketing Partner Reports b p 71 of 107 arco Island Positive Local Publicity Everglades Winter ad campaign Naples Daily News WINK-TV ' Marco Island - 100 Places book mention Fox 4 NaplesNews.com MarcoNews.com Business Currents Tourism article detailing positive outlook for 2013 peak season February 25,2013 !es Marketing Partner Reportsp 72 of 107 _ $1 Ca Island Looking Forward Eve= , 2013 Planning ds 3S�Y • Pet-Friendly FAM in May • Upcoming written materials �,pt �n � ■ Meetings in Paradise `Ya LH&A Value Blasts • Upcoming media outreach ' ■ Pedestrian-Friendly City Pitching ■ Stress Awareness Month Spa Treatments ■ What's New in 2013 Q0,_ :, February 25,2013 Marketing Partner Reports 9 a-g 73 of 107 Naples Marco Island Everglades , l', A FA A 1113 I v.YF c:; C) A IS "'V' Thank you! Proud to be your Partner in Paradise ! „O) 2-1.: L.t (.: 11:5MMON')&ASSOCIATES 1{.1C YANK 1'tl M llh'xl:fl - 1'li.{Ii1.A:+hIM1 Ta To u , r st e ct n s Collier aunt Tam collector 75 of 107 BEI.,)33oR1) 02/01/2013 COLLIER COUNTY TOURIST TAX - YTP REPORT BY ACCOUNT TYPE PAGE 1 *1 APARTMENT ** -- . OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS - 1205 5819 1168 7008 15401 ........... ....„ ,. ,.............. ...........,_________,„.. . ...._________,,,...._.........____ ..,.._..,_...._____. ** COND0f4I N I lfM ** 0(1' 4'JV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 37104 19674 34328 95965 187071 4* CAMPGROUND/RV/PARK ** OCT NOV DEC JAN FEB MAR APR MAY JUN jUI, AUG SEP TOTALS 23• 1 2872 5966 11-.,)36 24745 ** 110TEL/MOTEt. ** QM NOV DEC JAN FRB MAR APR MAY JUN JUL AUG SEP TOTALS 495304 623240 817839 841115 2777498 ** INTERVAL ** OCT NOV DSC JAN FEB MAP APR MAY JUN JUL AUG SEP TOTALS 7420 9011 8739 10799 35969 '* MOBILE HOME PARK *" OCT NOV DEC JAN FEB MAR APR MAY JUN JUL, AUG SEP TOTALS 126 281 1558 1306 3271. ** SINGLE FAMILY ** OCT NOV DEC JAN f/ED MAR APR MAY JUN JUL AUG SEP TOTALS 38494 20440 19793 6E428 144151 ** REALTOR ** OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 45837 53082 69.C..,32. 241.319 40970 ** OTHER ** GUI' NOV DEC JAN FED MAR APR MAY JON JUL AUG SEP TOTALS ** TOTALS ** OCT NOV DEC ./AN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 621861 /34419 959221 1276477 3597978 . ....... . - :; ., ....„....„.-:-......- .. . .........„:., . . _ . ... . . . , . ........,,,. . ... . . ..... ......,„ . .. ... ....... . . .......„..........„„. ..... .... .. . . .,..:.. , .. , ... ........„....,,,_ . . . , „.. ..... „. . .. . .. . . , ..... ..., ,. .. ... ...:........::,... ,,„ ............. ,,,...... ... ............_ . ........ ,, . .,_ . .. ... . •0 • F113 2 0 p n 02/01/2n13 COL COUNTY TOURIST TAX - YTD REPORT BY Cl Ty PAGE 1 ..- ** NAPLES ** OC1' NOV DEC ;JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 154953 197464 260272 344.886 55/575 ** MARCO ISLAND ** OCT NOV DR(' JAN FRB MAR APR MAY JUN JUL AIN3 SEP TOTALS 1921329 1654 A 196934 244332 799638 ** 1 MMOKALEE ** OCT NOV DEC JAN FEll MAR APR MAY JUN JUL AUG SEP TOTALS 457 749 804 554 2664 1* EVERGLADES C VIA' ** Gel` NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP TCYtALS 6971 5847 8340 9878 30986 ** COLLIER COuN• y ** OCT NOV DFC JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 277701 364816 492871 676727 1807115 ** OTHER •* t)('1 NOV DEC JAN FEB MAR APR MAY 4.r UN JUL AUG SEP TOTALS ** TOTALS ** OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP TOTALS 627861 734419 959221 1276477 3597978 FISCAL YEAR (OCTOBER THRU SEPTEMBER) TOTALS February 25,2013 JANUARY 2013 Marketing Partner Reports 9 a-g (MONTH OF DECEMBER 2012 VENDOR TAX C01, 7(TION) BREAKDOWN FISCA OVERALL COLLECTIONS L FISCAL DIF 2011-2012 2012-2013 F ERENC E % +-- , MONTH TO MONTH 1,208,561 1,276,477 + 67,916 + 5.62% YEAR TO DATE 3,350,329 3,597,978 + 247,649 + 7.39% HOTEL / MOTEL i 1 MONTH TO MONTH 796,797 841,1.15 + 44,318 + 5.56% i YEAR TO DATE 2,572,153 2,777,498 + 205,345 + 7.98% --- - REALTORS MONTH TO MONTIf 248,957 241,319 - 7„638 - 3.07% YEAR TO DATE 392,483 409,870 +- 17,387 + 4 i.43% 1 INDIVIDUALS (A PTS/CON DOS S F HOMES) MONTH TO MONTH 135,437 168,402 + 32,965 + 24.34% .„,..,_.... _ YEAR TO DATE ! 321,579 : 346,625 -+ 25,046 + 7.79% FY 13 TDC Revenue Report 31-Jan-2013 February 25,2013 Marketing Partner Reports 9 a-g Collections 78 of 107 %Budget - - Collected to %over FY 12 %over FY 11 %over FY 10 Month Actual FY 13 Cum YTD Date collections collections collections Oct 627,861 627,861 4.374% 19.52% 31.12% 41.11% Nov 734,419 1,362,280 9.490% 6.18% 17.48% 34.27% Dec 959,221 2,321,501 16.172% 3.73% 27.88% 28.74% Jan 1,276,477 3,597,978 25.064% 5.62% 26.42% 20.69% Feb 0 3,597,978 25.064% nia &a nfa Mar 0 3,597,978 25.064% n/a n/a nia Apr 0 3,597,978 25.064% n/a nia nib May 0 3,597,978 25.064% nia n/a nib June 0 3,597,978 25.064% n/a nia nia July 0 3,597,978 25.064% n/a n/a n/a Aug 0 3,597,978 25.064% nia n/a nfa Sept 0 3.597,978 25.064% nia nia nia Total 3,597,978 3,597,978 7.39% 25.64% 28.74% Pt*acted 14,355,200 Bal to Collect 10,757,222 Budget Comparison 5 Yr Collect 5 Yr Collect Budgeted Actual Month over Month Forecast Month History-Cum History-Monthly Collections Collections Variance Collections Oct 3.5% 3.5% 498,837 627,861 129,024 498.8-37 Nov 8.1% 4,7% 667,994 734,419 66425 667,994 Dec 14.0% 5.9% 847,404 959,221 111,817 847,404 Jan 22.3% 8.3% 1,189,853 1,276,477 86,624 1,189,853 Feb 35 1% 12.8% 1,840,940 0 nia 1,840,940 Mar 50.8% 15.7% 2,246,668 0 n/a ,2,246,668 Apr 69.1% 18.3% 2,624,759 0 n/a 2,624,769 May 79.2% 10.2% 1,457,116 0 nia 1,457,116 June 85.4% 6.1% 882,042 0 &a -- 882..642 . , July 90.3% 4.9% 708,949 0 nia --": 708,949 Aug 95.6% 5.2% 752,626 0 nia " 752,826 Sept 100.0% 4.4% 638,012 0 nia 638,012 Total 100.0% 100.0% 14,355,200 3,597,978 393,890 14,355,260 Web Site Miles MeMedia Group 4; f February 25,2013 Marketing Partner Pp r 6 § Naples, Marco Island, Everglades CVB 80 of 107 Marco Island Executive Summary January 2013 Everglades Consumer Overview • There were 141% more visits in January than December, due in part to the time of year and the advertising campaign. Also, there were 92% more page views in January than December. • Time on site and overall bounce rate are on par with running a big campaign. (In January, 86% of visits were new visits.) • More major cities than usual were in the top 10, due to campaigns, which accounted for 44% of visits. Mobile Overview • Visits and page views were down slightly from January 2012. Time on site, however, was up 30 seconds. • For the first time, the top five browsers maintained their positions from the previous month. It will be interesting to see whether this becomes a trend. February 25,2013 Naples Marketing Partner Reports 9 Mbrco Island Naples, Marco Island, Everglades CVB 81 of 107 Everglades Measurement Dashboard .,, . January 2013 LM=vs.last month I LY=vs.last year I Good Not Significant 11, Needs Attention IB=vs.Industry Benchmarks I B=vs.2011 baseline 0—12%change 13%or higher change ENGAGEMENT LY IB B SIGNALS OF INTENT TO TRAVEL(SIT) Time on Site: 1:59 2:29 3.43 2.10 Total conversions Minutes Q 2 5 211 Bounce Rate: 39% 41% 33.0% 34.4% 19.31 of Home Page of total page views Signals of Intent to Travel Bounce Rate: 62% 52% 45.3% 55.1% Overall See breakdown below ACTIVITY SIT BREAKDOWN LM LY LM LY Guide Orders: 520 +160% -19% 49,025 Total Visits 141% t 27% Newsletter Signup: 345 +91% +94% Deals Page Views: 3,397 +28% -75% 130,571 Page Views 92% 4% Stay in Paradise Listings Views: 11,244 +93% 49% Download Guide Link: 255 +29% +554% 49,025 Visits Year-to-Date(vs.38,497 visits in 2012) Paradise Priced Book Direct: 332 +82% +36% BookDirectTM Searches: 4,428 +63% -15% 130,571 Page Views Year-to-Date(vs. 126,139 in 2012) BookDirect'"Clicks: 3,450 +81% +5% eScapes page views: 1,240 +328% milEsmEdia February 25,2013 maples : January 2013 Marketing Partner Reports 9 O&M()Island 82 of 107 ✓�.- , Everglades Visits—2008-2012 MOST REQUESTED PAGES 60,000 •2010 —17,. 1. Paradise Refined 40,000 —2011 20,000 _ , ,., 2. Homepage ..'' 2012 3. Current Events Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec •2013 4. Interactive Map 5. Events&Festivals in Our Area Top 10 Cities International Traffic Over Time Visitors Visitors City for Month Year toDate Canada —......Germany ,,d UK Norway Switzerland New York 3,489 3,489 1500 - i Naples 2,604 2,604 1250 1000 Chicago 1,542 1,542 750 500 Fort Myers 1,059 1,059 250 Bonita Springs 606 606 ��• Toronto 528 528 JNyti 4z,1 PQk 42 titi ,Jc," ss' PJoc yz< o`'ti: ‘o-1' oe`" Cape Coral 475 475 Marco Island 380 380 Note;Canada's highs 2012 s were 5,180 in March January and 6,301 in anuaary 2013. Miami 283 283 Jacksonville 265 265 milEsmEdia February 25,2013 Naples 83 January 2013 Marketinof107 g Partner Reports 9 r00 Isjan j Everglades SOURCES OF TRAFFIC CAMPAIGN RESPONSE Baseline average 6.64% percentages for 2011: >!Typed,� Sag eookmarked Organic Sea;c b t r ffic: 40.02% 21 570 44.00% AR Referral Traffic paid Search Traffic " $$% Total responses of total visits :,{ aT rffic earch ype I l$ookmarkNd: Traffic 20.73% y' ■PaidSearchTraffic Referral Traffic: 27.36% Traffic by Source (by month) 50,000 45,000 ...... . 40,000 35,000 30.000 25,000 t Fil4Mtte 20,000 �a' 1, a eV..,Fr ri Po r, 15,000 mt "4 ,i; `� a n ii` f° i - 'Z 3,tr;k S �. ,, �2<, a '' v'.%' n;J'a� vi" .34rt,., 10,000 j,. '"r 5,000 0 February-12 March-72 April-32 May-12 June-12 July-12 August-12 Flt September-12 October-12 November-12 December-12 January-13 •Typed/Bookmarked ■Referral Traffic °Organic Search Traffic ■Paid Search Traffic milEsmEdia February 25,2013 Naples January 2013 Marketing Partner Reports 9 i irco Island 84 of 107 Everglades VISITORS BY STATE LM LY 1. Florida: 9,236 +19% -3% 2. New York: 7,659 +767% +139% 3. Illinois: 4,412 +479% +92% 4. New Jersey: 2,513 +354% +47% 5. Pennsylvania: 1,212 +132% +12% INTERNATIONAL Visits LM LY Visits LM LY Canada 6,301 +786% +49% Germany 807 -37% +7% USA: 39,064 +131% +29% UK 615 +80% -38% International: 9,961 +187% +22% Norway 132 +140% +23% Switzerland 127 +11% +9% Visits By Day 3100 ,. ...____-....-._.._.._ ......... �_�. ......... ... _�.,-_ _ _.......- -__-.... 2600 -__. __.__ ....._ ..._. ....... _._. ____ ..._.... .___ _..... .__._. _...__.. _ ___._. ...._.. 2100 - ____ ____. .._...... _._ .......... ___ __..._ ..._ .... 1600 1100 _._____... .......... ......... ........ ......... ....,........ _.._._ ............. ............ ......_. ................_ _.. e e e..,e e e \ti\ti \ ti\ ti\ \\ \\0'\ e e tie e e 0 p e e e e e e e 0 e e e e ti3 O \tie\ti e -1) ,ti \' 4'' ��' Al. a$1' c tiP\l' ... ,ti \titi41' 1' ,1\ q\ti41' o\' 41' \' \' a ti4ti41' \' 419 41'\ y 0p p yp \' y ' mo \'J' ,ry \ 0p\'I' \ryryp- y ti ON milEsmEdia February 25,2013 Naples January 2013 Marketing Partner Reports 9 Island 85 of 107 Everglades DMO Competition - Quantcast m" Site Reach by U.S.People, Reach by U.S People, January 2013 January 2012 ParadiseCoast.com 30,900 26,400 PalmBeachFL.com 24,700 15,200 Fla-Keyscom 47,200 126,900 DaytonaBeach.com 70,300 29,700 Sarasotafl.org 7,300 68,600 FortMyers-Sanibel.com 29,300 51,200 VisitStPeteClearwater. 79,400 76,400 corn milEsmEdia Naples, Marco Island, Everglades CVB February 25,2013 Naples Marketing Partner Reports 9 a- Mobile Dashboard 86 of 107 �Iar'` 'I'sl Everglades January 2013 ACTIVITY & ENGAGEMENT BROWSER LM LM LY Visits 3,785 8% -20% 1. Safari 2,068 -13% 2. Android browser 1,264 -1% Page Views 18,535 +8% -9°/r 3. Safari(in-app) 238 610 4. Chrome 126 -6% Time on Site 2:00 1:42 1:30 5. Internet Explorer 51 +21% COUNTRY CITY LM LM LY U.S. 3,485 -8% 1. Naples 405 +4% +106% International 300 -12% 2. Atlanta 241 -23% +21% 3. Jacksonville 215 +1% +975% 4. Orlando 202 -17% +242% 5. Miami 194 -53% -19% 6. Westport,Ct. 142 -32% +14,200% 7. New York 142 -7% -61% 8. Fort Myers 124 +18% +19% 9. New Orleans 94 +623% +4,600% 10.Bonita Springs 85 +25% +240% mitE5mEdia February 25,2013 Naples Marketing Partner Reports 9 Marco Island 87 of 107 Metric Definitions Everglades Visit—This metric tracks the total number of visits to the website, both unique and repeat. Unique Visitor—The metric counts each visitor's first visit to the site during a specified time period. Page View—A request to load a single page of a website. Baseline—The average of a metric for the previous year.The baseline represents the standard level at which we wish to keep metrics at or better than. Bounce Rate- Percentage of visitors who view only one page on the site and exit immediately. Sometimes called the Single Access Rate (Bounce rate=Single Accesses/Entries). A "good" bounce rate is considered anything below 30%. Not all bounces are bad, however,as a visitor who links off to a partner website could also be registered as a bounce. Signals of Intent to Travel(SITs)—A measurement that captures conversion events that indicate a strong desire that the site visitor will travel to the destination. The SIT conversions are unique to each website. Some conversion examples include ordering a visitor guide, signing up for email newsletter, visiting a deals page, clicking through to a booking vendor, visiting the detailed listing of a hotel, activity or event. Typed/ Bookmarked—This is traffic that comes from a user either typing the website address directly into their web browser,or they have bookmarked/favorited the site and enter the site by opening the bookmark on their computer. milEsmEdia Search Engine Services Sales & Marketing Technologies, Inc. wf** Sales Ei Marketing''5,; Naples CVB Monthly Searci F;Igiile Report ..‘ Breakthrough itesillt$list,the trsterv)et ''''''''''''-':'''''''''.'.''''"": .-.-.'''''"''''::.::':'.....::.:"::'-''''"''•-•....- " .. ''.. ' ''" ' ':.....:-::.::'.... .... .:.':.'--- ''' ' '"'"' . ... ""'"'' "" Keyword Rankings: January 2013 .- ..,G009 1e K bras Website Jan 14 2013 Jan21 2013 Jan 28 2013 Feb4 2013 14 . 16 ...2 15 „,1 16 .1 19 _ 21 .,2 20 ,„,1 22 ,.2 pet friendly vacations floricla Clip r.,wow paradiseco,lst corn 31 _ 36 .5 „,36 pflwsew.paraecoast corn 23 — 21 .,2 22 —1 28 ,,6 veirnies sac on Clip Cwww eaitecoaskcrirn 3 _ 3 _ 11 .8 12 .1 16 ... 16 — 16 — 16 — ClIp flwew paradisecoest corn 20 _ 22 •2 23 .1 27 •4 1 _ family vacation Marco island lrUp:/www lest fill 3 _ x 3 , oI1 courses in Naples and 12 _ x 12 Clip llwwwparantisrocoast cell 29 _ ..29 „„, 13 _ x 13 One of the things you look at when trying to be successful on the Internet is where specific keywords rank on the search engines.The higher the ranking the more exposure you have to potential visitors.As we make updates on all pages of the site the rankings will fluctuate but the goal is to get into the top ten and be on page one of Google.. The above report shows where several"money"keyword terms rank on Google.. *These rankings are e snapshot in time of where these keyword phrases are ranking on the search engines :".".,;1,..,::::.:.......:................. ...., ... . '. ............... . . . . sue.. •d sales St Marketing Naples CVB Monthly Searcre E;iyinne Report 1%0^ TECIINOLOGIES �rrairthrout�b 7teslrttz Irtrn+tlrE'frylkmst �,`° '�°"�";• �'��`� PPC Report { ®N1111133:■=3531111111 CPC IISES=E/MrESEIMMI Conversions 86,871 1•11'331111M1117211M1112313337•11161:131111■!21111111 $17.47 111111M3!3111=_ •- - ®���� $19 74 %Chan_e 5-31% MOM= 2-87% 111111=1111=1/1121/11111 The account generated almost 878 impressions regarding Naples,Marco Island messaging during the month of January. Paid Search generated 189 conversions during the month of January,representing a 15%increase versus December. Average site position remained constant at 1.2 during the month of January. The CTR increased 5%as search found Naples releated ads more relevant to their search queries- _ i.. } 041'2' cvB monthly search Ersegsine Report Sales& Marketing Naples , 8:w.ffiroqh Multi from the Internet Search Engine Optimization Actions During the month of January the following work was completed: • Creation and Review for Phase 3 of final updates to titles, metas and His. Sent updates to Miles Media for implementation • Review of updates on phase 2 • January PPG's • Monthly SEO meeting and review • Reviewed Google analytics since page updates. Search referral traffic has increased by 10%. SMT will monitor and review the final page updates for phase 3 in February and then formulate next quarter's strategy to increase search volume and ran ings. C.,.1 MaYIt t Naples CVB Monthly Searsch Engine Report &rxekthtwrtgh itesutti from the Dnternlf • Monthly Google Pay Per Click � � iii �� ��'� r y �.._ / � .� �%7'�/ipi ass£ � ��"J �9 '�� �,u��,✓�✓ ✓ if"�'� �' K� f%✓ 1. Jan $1,519.71 3,263 $0.47 87 330 Feb Mar April May Jun July -_- Aug Sept Oct -■_- Nov Dec January 2012 leads were 189 Fu • filiment Sei vices Phase V February 25,2013 Marketing Partner Reports 9 a-g 94 of 107 Naples, Marco Island, Everglades CVB Request Summary by Source For the month of January 2012 Magazine Friend/Relative 1,234 6 fy Website 565 Tv 2 Travel Agent Other/Unknown 34 Total Inquiries: 1,842 February 25,2013 Marketing Partner Reports 9 a-g 95 of 107 Naples, Marco Island, Everglades CVB Request Summary by Source For the month of January 2013 Magazine Friend/Relative 712 2 2 4 C CVB Office a Newspaper 1 �ii��� CVB Bulk Mail Other/Unknown Request Travel Agent Website 2 344 Total Inquiries: 1,086 February 25,2013 Marketing Partner Reports 9 a-g 96 of 107 Napless Marco Island, Everglades CVB Request Summary by Source Calendar Year to Date 2013 CVB Bulk Mail �Nebsite Request 342 Travel Agent ', CVB Office Other/Unknown Friend/Relative 22 �/ 2 r� s Total#ngi'ries: 1.087 Magazine Newspaper 712 1 February 25,2013 Marketing Partner Reports 9 a-g Results Analysis 97 of 107 Request Summary by Source Slide January 2012 — there were 735 leads generated from Southern Living. In January 2013 9 leads generated. With the publication date a little later this year, we should see many more leads in the month of February. February , Marketing 25 Partner 2013 Reports 9 a-g 98 of 107 Naptes, Marco Island, Everglades CVB Request Summary by Leisure Markets For the month of January 2013 Consumer Consumer Directories C-Marketing 158 344 � pp, t y /i9a 1H/ r Consumer Newspaper s Consumer Magazines 163 Total Inquiries: 666 February 25,2013 Marketing Partner Reports 9 a-g 99 of 107 Naples, Marco Island, GVB Request Summary by Niche Markets Everglades For the month of January 2013 Niche Markets (Bridal/Honeymoon) 133 m ,k earAmie , � 4 \" tidy✓ yg ��`ti. ,� ""�'✓ ��` c � ✓etImplYpe '',1115M W4111004iK.21' 4 44/�✓ �� S9 Leg '��/ ➢ 4 ��� �.+, ✓/✓y � �� Hof ��a Niche Markets(ECO) 259 392 Total inquiries: February 25,rtne01 23 Marketing Par Reports 9 a-g Inquiries - Leading 4 Countrie°7 January 2013 2012 2013 USA USA Brazil Canada Canada UK US Germany February 25,2013 Marketing Partner Reports 9 a-g Inquiries - Leading 6 States 101of107 January 2013 2012 2013 Florida Florida Ohio New York New York Illinois Illinois Ohio Georgia Pennsylvania Texas Michigan February 25,2013 Collier County C V B 02 oft;Og Partner Reports 9 a-g Inquiries by Type Calendar Year January 2013 Y-T-D Phone 198 2, 167 Publications 901 31 ,201 Web site 344 4, 056 Info @ParadiseCoast 0 1 Fry 25,Partner 2013 Marketiebruang Reports 9 a-g Misc. CVB Services 103of107 Calendar Year January 2013 Y-T-D Info Ctr Shipments 1755 24,930 Editorial Gen Calls 57 585 Mtg Planner Calls 0 7 Storm Info Calls 0 4 Storm Accommodations 0 61 Sports Council 0 0 Film Commission 0 5 Travel Agent 1 5 February 25,2013 Marketing Partner Reports 9 a-g Live Chat by Topic 104of107 January 2013 By Topic Topic #of chats Minutes Min/Chat Accommodations 2 11.5 5.8 Events& Festivals 1 6.2 6.2 Misc. 2 8.5 4.3 Totals 1 5 I 26.2 I 5.2 February 25,2013 Marketing Partner Reports 9 a-g Live Chat by Page 105of107 January 2013 BY PAGE Page # of chats Minutes Min/Chat Home Page 5 26.2 5.2 Totals 5 26.2 5.2 February 25,2013 Marketing Partner Reports 9 a-g Misc. Services 106of107 January 2013 Media Month YTD % YTD Meeting Planners GAP 1 2 2% Meeting Planner Kit Fulfillm 7 18 22% Meeting Planners 8 70 84% Promotions PPD 2011 2 6 7% Promotions 2 7 8% Travel Agents Other/Unknown 6 6 7% Travel Agents 6 6 7% Grand Total: 16 83 ......,..._. ..... ... . _ .„_.... .... ..... ,..,, Thank you Questions?.� aples arco Island 3' Everglades ,. February 25, 2013 ' , Tourism Staff Reports 10 a-g .1 Naopt“NtArto Wand •=0: 1)1RECT()R'S REPORT Recent Activity- February 2013 Sports Council of('oilier County Board Meetings 1)M A I Accreditation Standards Committee (.'oriference Call Naples Depot Fxhihit Opening Greater Naples I.eadership Government 1)a), Presentation Ace Group Classic Media Da kvent aped Welcome Message for tiolf Channel Everglades Seafood Festival Welcome Address Routes America's Airline Conference Met \\ith 15 airline representatives to discuss future service to RS‘k" Jet Blue, Southwest Airlines, etc. Waterside Shops Marketing team meeting Ritz Carlton Management team meeting S W Florida Attractions Assoc. Presentation on 1012 results February 25, 2013 Tourism Staff Reports 10 a-g 2 s , ..' a k.Mat-colt-land SALES DEPARTMENT - Debi Dellenedetto and Jennifer Leslie Industry Relations—Sales • Medical Tourism meeting follow up • Medical Global Conference attending Feb 28 • 2013 Tourism Awards Rally, lunch and nominations planning New Product Development • Philadelphia Sales mission planned and in motion for Feb 27 — we will host a lunch and dinner at trendy Starr Restaurants in Philadelphia • Atlanta Sales Mission planned and in motion for March 7 — We will host a lunch and dinner at two Atlanta based cooking schools for an interactive event Familiarization Trips • HelmsBriscoe Familiarization trip planned and marketed — ties to annual HelmsBriscoe Annual ABC in Orlando April 2013 we have 18 planner RSVP • Sites: 1 —Incentive group site from M&E show lead Meeting & Incentives show • IAGTO — International Golf tour Operators planned for June and hosted at Marco Island Marriott Resort RFP's and Booked Business • Current report dates - sent out 13 RFP leads to partners • Booked 7 groups for a total of 1,599 room nights and $312,777.00 in estimated economic impact. • I am making a public request to ask destination hotels to report booked business from CVB RFP's and enhancement funding. Sponsorships RFP Enhancements Three new requests for RFP enhancement funding for this period. One past RFP enhancement group bookings were reported. Year End Report Jan. 2012—Dec. 2012—A record 191 RFP leads went out to hotels of which 58 groups were booked for a total of 15,765 room nights with an estimated Room & F&B revenue of $15,807,161.00, and an estimated economic impact of$36,052,587.00. February 25, 2013 yq .. Tourism Staff Reports 10 a-g 3 e%.=.`4,*p *Ntatsti4and V4104014.8 .mss✓ e„ . . , III 13I.,1C IR.ELATIONS & ("()MNIUNI("ATIONS - .Is>`Nell Modv's & Angela Mine Media Value—Destination Publicity-Calendar Year 2012 $4319064 4..,147.yr'4 4)-,113 ! n , Mt �� r h � a u u 3 ,� 3✓''. $2 bf )1, G 3el Ef 3' `� t R 14''' - .f $1e,1n7.an a r $•:;!a,4P 4 an '' —$114-3 411 7E; $'n X1.11'41 ti 097 f41"1.70_ r y $1, f9.4,Oat 74... fi9>h,z $9,003,341..1.6 total USD NMI 1''rdin?Version on Bings `New ;et ro Ire s I,cu.i V Networhng:site, Radix Ne;w:VU eb e;it e l 7.L1 Ay heaiNs=p.103/ Marlazir1, 6.Carnmunity Nc,n,sP.Pere- MEDIA VALUE TV $4.3 million News Web Sites $1.15 million Online Version $1.1 million Daily Newspapers $1.1 million Blogs $696 thousand i Magazines $586 thousand News Services $40 thousand Comm. Newspapers $15 thousand Other $5 thousand i February 25, 2013 Tourism Staff Reports 10 a-g 4 • e:\v at,%taree Wand TOTAL $9 million Recent Activities • VISIT FLORIDA media reception events in New York • PR writing workshop—Georgetown University graduate instructor • HSMAI awards event • Desk side meeting with editor at TheDailyMeal.com in New York • Local media relations on stories including Winter Ad Campaign, National Geographic book/Marco Island, international driver permit issue, Latest Research, background and input on future developing stories and more • ACE Group Classic pre-tournament event; provide destination press kit and video for use by Golf Channel team • Meeting with Dreamscapes and Florida Guide editor during Naples visit • Leadership Collier Alumni Association Lecture—Collier Agriculture • Partner review meetings with teams from The Ritz-Carlton, Waterside Shops • Tourism Week planning session. • LHA bi-weekly phone conference updates • Continue reviewing competitive quotes for media monitoring and database system. • Medical Tourism planning meeting • Attend 5th Avenue BID District Meeting • Work with all divisions on arranging assignments for college intern Rachel Mosby News Releases • Marco Island Named One of 100 Places That Can Change Your Child's Life • Paradise Coast Tempts New York, Chicago and Toronto Commuters With New Advertising Campaign—Local version • Paradise Coast Tempts New York, Chicago and Toronto Commuters With New Advertising Campaign—New York Version • Paradise Coast Tempts Chicago,New York and Toronto Commuters With New Advertising Campaign—Chicago Version Top Local Tourism-Related Publicity Fort Myers News-Press—February 16,2013 Florida driving rule spurned—Canadians rejoice Response to reporter inquiry—Jack Wert quote i February 25, 2013 Tourism Staff Reports 10 a-g �g. Naples Daily News—February 15,2013 It's Your Business: Collier ad campaign targets Chicago.New York Pick up from CVB press release on winter campaign. WINK-TV—February 13-14,2011 Winter ad campaign tempts northerners with warm weather Feature story package 11 pm news—Anchor-read versions three times the following morning during early morning news. Pick up from CVB press release on winter campaign. Fort Myers News-Press—February 13,2013 Report: Naples, Marco Island area high in most concentrated wealthy households in U.S. Response to reporter inquiry—Jack Wert quote NaplesNews.com and MarcoNews.com—February 4,2013 Marco Island named one of 100 Places that can change your child's life Business Currents magazine—February 1,2013 Sunny forecast for Collier County's 2013 peak season chases away clouds of economic doubt Article by JoNell Modys (PDF document attached) National Publicity Highlights Everglades Python Challenge Thousands of news articles and broadcasts with overall positive tonality. Naples Contestant advances on American Idol Hundreds of stories featuring fan-favorite Naples resident Lazaro Arbos advancing in the current American Idol contest. TheDailyMeal.com—February 7,2013 Naples (Florida) Food Tour Article is the result of information shared during a desk-side meeting with CVB's J. Modys along with LHA in late January. Buckettripper.com—January 30,2013 Doing the Mullet Festival in Goodland, Fla. International Publicity Highlights Canoe.ca and distributed to up to 40 Canadian newspapers—February 15,2013 Naples `Crown Jewel' of Southwest Florida February 25, 2013 f�. Tourism Staff Reports 10 a-g ts3 1 6 . +:N.pk ltartts t land esrx aEtr*--,,. hrnir Staff met with writer George Bailey during his January JAM visit, provided information and assistance. Vancouver Sun—February 8,2013 Dreaming of an Island Beach Getaway? Writer Debbie Olsen includes Marco Island in a round up of island beach destinations for families. Result of a recent press trip facilitated by LHA and CVB. International Media Assistance • Gemma Doherty—Travel Editor for Irish Independent. Work on request from UK office to assist in securing accommodations for February visit. Angle is Everglades experience during visit to Florida. • Alex Merschel—top travel blogger in Germany. Work with our German reps on securing an Everglades tour experience and romantic opportunities in our destination. Website Updates Medical Tourism Had Medical Services search category added to Visitor Services. Tagged many listings to appear and added new business listings, new category descriptions, including: Media Center Added news releases to online media center. • Marco Island Named 100 Places That Will Change Your Child's Life • Collier tourism advertising tempts northerners with warm weather Landing & Info Pages Updated the Getting Here page with the latest number of nonstop flight destinations at RSW and added Taxi Time to the list of airport transportation providers. Beach Conditions Enacted weekly updates to Beach Conditions page with information about warm sunny weather, etc. Added news about Marco Island being featured in the new National Geographic book `100 Places That Will Change Your Child's Life' to the Top Ranked Beaches section. New Listings,Deals & Events Continued to add multiple new business listings and deals and events February 25, 2013 Tourism Staff Reports 10 a-g �i 7 . Na 4 Matu Wand /° FILM M OFFI(_'E — Maggie McCarty PRODUCTION NOTES • Kanaka/Peking Express — tv series (Europe) French/Belgian reality series shot in Everglades City, Ten Thousand Islands, and Naples (see images pg. 5) This 19-member crew spent 3 days in Collier County shooting the popular European tv series and another week in pre-production. It was a huge task of organizing all logistics and administrative supports but this was a unique medium to promote tourism in the region. • Discovery/TLC- tv series (U.K) Darlow Smithson Productions of London shotfor 4 days on Marco Island for the UK tv series "My 40 Year Old Kid" WORKING LEADS October Films — documentary • Appleseed's — retail catalog print • ITZ — car commercial • University of Miami — student thesis film Moved to Summer 2013 • "The Shallows" — indie film The OFE has had no re-application for tax incentive • KCS Prods. — indie film • Pacific Productions — still photo Los Angeles based agency is planning to shoot on various area beaches • Picture Frame Entertainment — tv series • First Shot Productions — print ad Commercial production agency considering local locations. Permits pending • Peter Anthony Group — indie film • PBS — tv series • AIU — student film • ALL CURRENT PRODUCTION February 25, 2013 Tourism Staff Reports 10 a-g 8 •�'\ e+3lacertttlantl . _ I wetkA , ;, OPERATIONS • Issued film permits • Location library upload • Lead/inquiry response • Monthly Revenue Tracking ..] Followed-up with activity worksheets to clients Recorded data • Client Management • -Opened a production file for each inquiry • Create content for social media (Twitter, FaceBook, LinkedIn) • Continued work on Florida Film Commissioners Handbook for Film Florida To be presented at the Annual Board meeting — June 2013 • Conference Call/Film FL Legislative Committee • Coordinating Manchester Sales Mission to coincide with BVE London Production Show Film Florida is launching its first trade mission to Manchester, UK. Manchester has become a major media center and has created an industry cluster designated as "Media City" for such businesses including the international headquarters for the BBC. A Media City Reception is planned as well as individual meetings. • Met with reps from Reed MIDEM re: MIPCOM tradeshow SCOUTS • The Travel Channel — tv series Producer is looking to refurbish a local attraction for a reality DIY series EVENTS • Tenth Annual Brandon Tartikoff Legacy Awards Sponsored by NBC/Universal — Miami February 25, 2013 Tourism Staff Reports 10 a-g E Iza.ai s <s=t f"gee.<ls: EVer aei s 2012 ANNUAL REPORT TOTAL NUMBER OF PROJECTS WRAPPED 32 PROJECTS BY TYPE Spend Print 15 $887,000 TV comm. 5 $233,000 TV episode 8 $556,000 Film 2 $ 4,200 Other: 2 $ 8,000 Student film Music video Example of client list: Good Housekeeping The Discovery Channel Estee Lauder Ford Motor Co. U. S. State Dept. Investigation Discovery ID Cosmopolitan (France) VH-1 is Travel Channel , Blair(retail catalog/online) s � January $120K Spend, 135 room nights March $130K Spend, 216 room nights February 25, 2013 Tourism Staff Reports 10 a-g 10. MAu!'C4J ibSA3Y(1 irksse"x ,aE.t S,taa,. txwrr4ecrx � Estee Lauder(cosmetics ad/commercial) may $110K Spend, 70 room nights Total Spend $1,678,000 Economic Impact [2.5 FL Office of Film & Entertainment] $4,195,500. ROI For every dollar spent Return = $25.81 2012 PRODUCTION BY TYPE S4 K $887K ■Print g; ■TV commercial �': $233K TV episode is Film Other February 25, 2013 Tourism Staff Reports 10 a-g 11 Ewa far t4arcf�idaa�l E l,Eria ,a i,s°`>t '€a,tst€sg 1, rtrAv., a°. • r' $1,800,000.00 f f / .,, $1.6 0 / $1,600,000.0 __ ,' $1,400,000.00 $1,200,000.00 ✓ $1,000,000.00 , / $1.4 $800,000.00 /',.//" 2t $600,000.00 '` ,/ $400,000.00 ' ,/ �' / 7; $200,000.00 ,f $0.00 / �' PRODUCTION $COMPARISON "Peking Express"final 6 contestants (3 2-person teams)after navigating the Ten Thousand Islands had to capture their flag on the Naples Pier. The elimination to the Final Two Teams was made at a private home on Gulfshore Aso .' 0 1 wr,i.0 .,,, . '' ..,. it'0,-.,-;,„7,---,.-„ .„ '',,, t- , , A r O.'-4.044 ', .v '' r -,:'--- ,.;-;m:, ,,,,,„; -7,,,,sx.1 oitio . r - , ill'," r.- „1,. t„ .> ,t , „ , 'x.;« „:..• —„1„, '',1'Z','.,,::;,., ' . ' , 614 ' AN f t ''' ' ' ' 1 t' *; February 25,2013 Tourism Staff Reports 10 a-g 12 1 g pk titartoWand SPORTS MARKETING—Chris O'Brien Events Booked *USSSA Baseball April 19-21, 2013—50 teams, 1000 visitors, 500 room nights EVP Volleyball Pro Am Beach Tour, May 2013, 100 visitors, 50 room nights *EVP Volleyball—Junior Qualifier Event, April 2013, 40 visitors, 20 room nights *USSSA Basketball , April 2013, 50 teams, 900 visitors, 400 room nights FYSA Soccer State Cup, March 22-23, 2013, 30 teams, 600 visitors, 200 room nights Fla.State Soccer Association 7 v 7 adult, Aug. 2-3, 2013, 48 teams, 600 visitors, 400 room nights IBC Nations Baseball Youth SWFL March 15-17, 2013, 40 teams, 800 visitors, 400 room nights *Scott Spencer Intl. Soccer Tourn. Aug, 23-25, 2013, 50 teams, 1000 visitors, 650 room nts *Kicks Karate Florida State Championship, 400 competitors, 600 visitors, 150 room nights Florida Fire Junior Spring Classic, 50 teams, 400 visitors, 150 room nights Anticipated Totals 6,040 visitors,2,920 room nights Events Hosted FYSA Soccer Regional C U11-U13—Feb. 9-10, 2013, 92 teams, 2000 visitors, 500 room nights FYSA Soccer Regional C U14-U19—Feb. 22-23, 2013, 30 teams, 600 visitors, 250 room nights *USA Water Polo—Alumni Collegiate Event—Fe. 15-16, 2013, 120 visitors, 120 room nights *USPA Pickleball Southern Regionals—Jan 30- Feb 3, 2013, 500 visitors, 450 room nights Freedom Sports/USSSA Softball—February 9-10, 2013, 32 teams, 300 visitors, 50 room nights Anticipated Totals 3,520 visitors, 1,370 room nights Pending(* New events) *EVP—July 2013 Sunshine State Games Sand Volleyball *Stand-up Paddling Event USSSA Baseball July 16-21, 2013 Development Highlights Summary • Visited sports facilities in Collier County and Marco Island. • Conducted meeting and site visit with Amateur Softball Association (ASA) State Commissioner for Softball and adult director. • Met with Lee and Charlotte Sports Commissioners to discuss regional partnership. • Continuing to meet with hotel properties throughout the county and region. • Planning redesign Website and making minor changes—AthletesinParadise.com. • Activity and planning for FaceBook and Twitter pages for Collier Sports Council February 25,2013 Tourism Staff Reports 10 a-g 13 nut Wand : t',vemit F OTt11'IAC- UK REPRESENTATIVES HIGHLIGHT OF THE MONTH: Visit USA Association Meet The Media 2013, 21 January 2013 -London The annual Visit USA Association's Meet the Media event was held at the Groucho Club, London and hosted by Visit USA members. We participated with this successful event The workshop/networking event was well attended by key members of Visit USA industry. Over 50 of the top USA focused travel and lifestyle media were present. We were able to network with The Times, ABTA&National Geographic,Travel Weekly and Food &Travel and British Airways PR department—see attached guest list. Follow up is planned. MARKET ACTIVITIES: Market Update January has experienced an excellent start to the year with bookings up for the majority of travel agents for worldwide sales. Cosmos has reported a stronger than forecast start to the peaks sales campaign, with sales across brands significantly ahead of forecast and prior year. Travel Counsellors reported overall sales up 11% in January from the previous year and record sales of£42 million in the month. Midcounties Co Op reported sales up 8% in January but admitted the severe weather affected trade in some of its agencies. Retail consortium Advantage Travel Centres reported an encouraging start to their campaign with inflows exceeding expectations. Strong sales for Virgin Holidays£400K UK TV advertising campaign The campaign for all USA including Florida commenced on 26 Dec 2012 running through early Feb 2013. Initial feedback from the campaign has been extremely positive with the operator reporting record inflows during key booking periods; official audited results will shared and posted shortly February 25,2013 Tourism Staff Reports 10 a-g • 14, 9+�a *c 44a�rxr(.1 Wand 3anuary Seat Sale from British Airways British Airways has launched its annual seat sale, offering reductions of almost 30% on seats to many long-haul destinations across the globe - they are reporting a 75% increase in the number of people booking holidays on Christmas Day compared with last year and a 58% rise on Boxing Day. Ongoing wet weather&cold conditions domestically have pushed people to be more positive about taking holidays this year. TUI, which began its traditional January sales a week early on 22 December, reported its most successful Christmas Day sales ever, with bookings on its website up 90% compared with the same day last year. Boxing Day proved even more popular, with bookings up by more than 60% versus 2011, and searches on the Thomson website were up by nearly 30%. Airlines have been ordered to stop flying Boeing 787 Dreamliners after a battery fault caused an emergency landing in Japan. Dreamliners have suffered a number of incidents including fuel leaks, a cracked cockpit window, brake problems and an electrical fire. United Airlines is the only US carrier to currently operate the 787 with six in its fleet, however there is widespread concern in the UK over the potential consequences and future market impact of this decision; both BA and TUI have 787 orders scheduled for spring delivery. Kuoni's ten top selling destinations for 2013 are the Maldives,Thailand, Sri Lanka, USA, the UAE, Mauritius, Malaysia, Barbados, Singapore and St Lucia, while confidently predicting that Vietnam is set to rise in popularity thanks to greater flight choice and new beach options. The report identifies emerging trends, including social media, the re-definition of luxury, downtrading, the rise in popularity of all inclusives, a consumer thirst for'experiences', 'girlfriend power' (groups of women travelling together), responsible travel and greater demand for higher levels of service. The present austere economic outlook will drive a greater need for opportunities to escape the doom and gloom. TUI Travel confirmed it is discussing the possibility of a cost-cutting merger with 56% German shareholder TUI AG and were looking at ways to combine the German company with its UK business to save over€500 million. Germany-based TUI AG owns hotels and luxury cruise operations as well as tour operations and a stake in container shipper Hapag-Lloyd. For a number of years it has been looking at how to merge TUI AG and TUI Travel to cut costs and increase combined use of resources, such as hotels. February 25,2013 Tourism Staff Reports 10 a-g 15t ,94;x%Marco Word ` :.. f it E •ai,a a i: rt 6`,t�et f€ tr y, w:i/ 1,rrr €,*ka w- e a Currency exchange rates are heavily influencing holiday booking decisions according to the Post Office Holiday Money Report. Based on sales of currencies, the strength of the Sterling combined with low resort costs and new flights routes were cited major factors influencing holiday booking choice. WTM 2012 Leads to £1,860m in Deals World Travel Market 2012 will generate a record £1,860 million in travel and tourism industry deals-an impressive 13% increase on WTM 2011. This year's World Travel Market will take place from 4th —7th November 2013. Trailfinders Ireland to Open Third Branch in April Trailfinders, which currently has retail shops in Dublin and Cork, is planning to expand in the Republic of Ireland. ABTA publishes 2013 travel trends report ABTA—The Travel Association, released its Travel Trends Report 2013, developed in association with the Foreign and Commonwealth Office, predicting that consumers will continue to look for good value in breaks in 2013 rather than cut back on their holidays. While the mid-market is expected to continue to feel the squeeze, tailor-made packages, luxury holidays and all-inclusive breaks, are expected to be popular. Some key trends ABTA has identified: Demand expected to be up for tailor-made packages. Holidaymakers are increasingly looking for tour operators to offer tailor-made itineraries so that they can enjoy greater flexibility and multi-centre holidays with all the protection of a package Luxury and all-inclusive holidays expected to perform well. With the mid-market coming under the greatest pressure from reductions in household spending, strongest demand is expected to come from the all-inclusive and luxury markets in 2013 Tried and tested destinations likely to be popular. In times of economic uncertainty many people put their faith in where they know best. Early booking figures for summer 2013 suggest that destinations such as France, Greece, Italy, Spain and the USA will continue to prove popular next year. February 25, 2013 Tourism Staff Reports 10 a-g 166,Z0 9.4414.4 %tzt 141341d Upcoming Events DATE EVENT LOCATION March 10-15 Visit Florida Media Mission UK March 22 - 24 Scottish Golf Show Glasgow Ongoing - planning IAGTO North American Convention June 26-29 Paradise Coast MARKETING/SALES/PROJECTS&ACTIVITIES Activity including Trade Marketing Campaigns&Advertising /Consumer Promotions /Ongoing Activity(all activity on co-op basis with partners) PARTNER/PROJECT ACTIVITY RESULT IAGTO- North Planning for the June Convention Confirming itinerary American Convention Meetings with IAGTO Agenda for meeting June 2013 Conf call with CVB &Industry Registration forms partners Per & Post Fams Working on sponsorship Holiday World Dublin Participated with Visit Florida on co- Distributed over 450 Paradise share brochure distribution. The Coast literature. &Overview of show recorded the highest Ireland market attendance in 5 years. The US has 17% more capacity out of Ireland this Tour ops reported a very good start year, Florida's major to the year, although still price competition is from Europe sensitive, the sentiment was: 'That and the mid east especially the economy is not getting any from Emirates and Ethiad who better we haven't had a holiday for have an extra 38% capacity to a few years we are going away'. Dubai and Abu Dhabi. ITAA (Irish Travel Agents Association) reported a 25% increase in business with travel agents across the country. February 25, 2013 e. Tourism Staff Reports 10 a-g ,. 17 +'#kOptrh Mat k Kral Brand USA Ongoing communication to seek OMMAC following up. opportunities for Paradise Coast The Corporation for participation. Travel Promotion Aiming to have Brand USA with in- kind partnership on all our co-op activity Waitrose Consumer Successful promotion now OMMAC following up with Promotion with: complete. winner of promotion. NATS & Naples Bay Full recap report to follow Following up on offer date— Resort. requested after the Jan rush period In-kind with Brand USA Travel Mole After successful event in Dec - • Working with guests for follow up meeting The"Race to Group trip with VIPs, event in UK in May Paradise Coast" accommodation at Marco Island • Progressing video edits Marriott&Waldorf Astoria —for distribution to UK Trade golf promotion trade in first quarter &VIP Fam trip in Dec'12 Scottish Golf Show Working & seeking opportunity TBC &Golf Kings Tour to co-op at this consumer show operator Virgin Holidays Discussion with Visit Fl re the Proposal expected early Feb proposed co-op Virgin Holidays for March/April launch time Co-op campaign campaign frame Additional activity On going discussions with our key On going follow up with our Key tour partners for forthcoming activity in operator partners 2013 February 25,2013 Tourism Staff Reports 10 a-g i p kt kt$4dt`u 1 14fYt� V.;01 twtteAtici Meetings/Sales Calls 1 Attended Visit USA Meet the Media 2 Meeting with Dollar Car Rental — in follow up to Race to Paradise Coast event &assisting with invoice payment for the transportation sponsorship 3 Attended meeting with IAGTO— re: North American Convention in June 4 Discussion with Travel Republic re: co-op opportunity for 2013 5 Meeting with Travel mole re follow up date of distribution regarding promotion of our area &follow up from Race to Paradise Coast event 6 Following up with several tour operators in France —assisting with literature & images 7 Following up with Ken Gill, Golf World to establish if we can fin a co-op partner regarding a promotion or marketing activity. 8 Discussion with Virgin Atlantic regarding forthcoming events for 2013 9 Following up with NATS re Waitrose promotion &additional opportunity with Visit USA travel News letter to consumers—end of Feb issue 10 Discussions with Golf Kings re participation during the Scottish Golf Show 11 Following up with Visit Florida regarding possible media mission planned for March time frame, assisting on recommendations for UK cities to include for the meetings 12 Conf Call with CVB & industry partners re: IAGTO NAC June 2013 —cover Pre & Post fam / registration /budget topics—ongoing project Public Relations&Media Correspondence • General media liaison to promote Paradise Coast • Ongoing Social Media— Facebook and Twitter CONTACT ACTIVITY RESULT Bev Fearis Bev travelled to Florida and OMMAC arranged the tour with enjoyed a hosted boat tour with the CVB and Bev and her family Travel Mole See Manatees Guaranteed had a great time February 25,2013 Tourism Staff Reports 10 a-g x 9 w 19 air NapIrs nut I's Wand ivtg44tict, Bev Fearis Further to her stay, Bev is Sent various options over for including Paradise the mid range price category in Guardian accommodation in a round up on the Everglades as requested Florida 'where to stay' Gemma O'Doherty Gemma is to do a Florida tour Arranged a hosted night at and stay in the Everglades for Glades Haven Cozy Cabins, Irish Independent one night however the whole trip was cancelled at the last minute Angelina Villa-Clark Met with key travel writer to Following up with further discuss Paradise Coast and information for round up Harper's, Stylist, BA Highlife, feature angles features The Mayfair, Kensington & Chelsea, Independent Ianthe,Butt Met with features editor to Following up with further discuss Paradise Coast and information for profiling BA Highlife/ Business Life feature angles opportunities Lauren Ho, Ella Marshall Met with features editor to Following up with information discuss Paradise Coast and on new hotels and golf course Wallpaper* feature angles designs. Also spas for health round ups Toby White Met with editor of the luxury Following up with food and golf lifestyle website to discuss opportunities—also opportunity The Arbuturian Paradise Coast and feature for video features for social angles media Peter Myers Met with business travel editor of Peter is soon to launch a the news website to discuss channel for business traveller Reuters Paradise Coast and feature videos and we will progress angles with profiling opportunities Social Media: Ongoing - continue to develop Currently reviewing for new the Paradise Coast UK Facebook highlights in new budget year to Facebook and Twitter page and Twitter account. engage more followers Progressing 2013 campaign plans February 25,2013 Tourism Staff Reports 10 a-g 20 3 pk %t PA lktakYlkt tvergttdet rttir DI VNIONDli:—H ROPE+.N REPRESENT 'I IN FS GENERAL SUMMARY OF MONTHLY ACTIVITIES Tour Operator o Travel Trend: Sent out the second B2C newsletter featuring NAP as part of our joint marketing promotion. The newsletter was sent on December 28, 2012. to a total of 4,000 clients. o Meso Reisen: Requested feedback on their NAP products. In general they consistently have positive feedback, yet no hard numbers are available. Many times, customers decide between Naples and Ft. Myers and the younger more active customers tend to prefer Ft. Myers. Still, we have sent them 25 visitor guides which will be handed out with travel documents. Assisted their agent Sebastian Keller with a comp Everglades Airboat Tour during his stay in the area in March. o FTI: Received the final plan for the joined marketing activity "South- Florida". There was a change in radio station from HR3 to RPR1 which means another regional focus within Germany. But FTI has very good experiences with this radio station and their online presence is very good. FTI will start in February with the creation of a landing page linked to their homepage www.fti.de. The radio campaign and the ab-in-den-urlaub newsletter is planned for March. Provided already input for the landing page (text and images). Received 2012 booking numbers. The summer 2012 bookings have been extremely positive with 3.800 room nights which is an increase of 70% compared to last year. On the other side, the numbers for winter 2012/13 are down by 40% so far. Bettina mentioned that "Sandy" lead to a tremendous drop in bookings and since then they never came back up. But they hope to get some more bookings within the last months of the winter period. • Neckermann Reisen: Provided ad for the truck promotion in February/March. Also learned that Yvonne will NOT be at ITB this year. We will set an appointment after ITB to visit her at her office. o Golf Travel Network (GTN): German golf T. Contacted Horst Jacobi in regards to their request for assistance with a golf pro fam tour in December 2013. They are in business for 3 years, mainly with European destinations. For long haul they sell South Africa and February 25,2013 Tourism Staff Reports 10 a-g �" f „ 21 19sa«£tti naexratctAnd Mauritius. They started with tours for "Pros" which here in Germany is a nice multiplier. For Mauritius they sell ca. 5 groups per year with approx. 7 people each. In 2013 they want to focus on Florida as their premier long haul destination which means they want to set up a fam tour and promote Florida on their homepage and brochure. So far, they have agreements from 3 Florida hotels so far (Doral, Salamanda and one in Fort Lauderdale) and would love to add Marco Island to the itinerary. They would need rooms for approx. 15 people for 2 nights, double rooms would also work, and some golf program. Mr. Jacobi agreed to 1 page feature for the Marriott in their brochure which will be out soon (which is send out to 800 direct contacts (pros!) as well as feature on their homepage. Mr. Jacobi signed in for the IAGTO conference so he will be in our area again. He will though not be at ITB in March. Travel Agent o Total number of sales calls: 14 travel agencies in Germany, Switzerland & Austria (Netherlands) o Assisted Anette Schwerm, General Manager of Traveller (one of Germany's leading travel agencies) in planning and organizing her trip to NAP in March. Provided detailed suggestions in tours, restaurants and activities in the area. Established contact to NBH, Inn on Fifth, Bellasera and Naples Bay Resort, which are the hotels we recommended to her. Informed Brian Dunne about the booking. EVENTS o Roadshows • Visit Florida Roadshow: Received first details for the planned Florida roadshow. It will take place April 15 to 18, 2013 and include evening functions in Hamburg, Frankfurt, Munich and Zurich, with an audience of approx. 80 TAs each. Set Up will be table top presentations from approx. 7 minutes; cost about 4,500€ total, excluding travel expenses. Visit Florida expects 8-10 CVB partners to participate. We indicated our interest in participation, registration will be in February. o Exhibitions • Vakantiebeurs: Attended the show from January 8-13, 2013, including the trade day and the consumer days. Scheduled and held appointments with our key TO partners in the Netherlands and handled follow up. This year the show counted a total of 102,393 visitors which meand a decline of February 25,2013 Tourism Staff Reports 10 a-g 9:aw titxrcr�l�tant �;wrria�rl��� 22414 19,1% compared to previous year when the show welcomed 126,551 visitors. Please find detailed trip report • CMT Stuttgart: Attended the consumer show from January 12 - 20, 2013. Total amount of visitors is 211,000, which is a slight decrease of 6 % compared to 2012. One reason might be the severe weather conditions in Germany during the show, including snow and glaze. • TravelExpo: Participated with brochure distribution at the consumer show in Lucerne, Switzerland, from January 25 - 27, 2013. The show counted a total amount of visitors of 22,000, which is a slight decrease compared to last year. However, the USA booth distributed the same amount of brochures and although the beginning of the show as such was slow, the USA team was quite busy. The concept of splitting the booth into US regions received great feedback and was positively mentioned by the press before the show. The brochure distribution was at no additional costs for NAP. • Ferienmesse Vienna: Participated in the consumer show taking place in Vienna on January 10 - 13, 2013 with brochure distribution through Visit USA Austria. The fair reported 147.759 visitors this year. • Ferienmesse Velden: Participated in the consumer show taking place in Velden, Austria on January 19, 2013 with brochure distribution through Visit USA Austria. The fair counted approximately 1600 visitors this year, exact number yet tbd. • Ferienmesse Linz: Participated in the consumer show taking place in Linz on January 25 - 27, 2013 with brochure distribution through Visit USA Austria. Total amount of visitors was 16.572 this year. o Travel Agent Functions • Visit USA Seminar Zurich: Attended the Visit USA seminar taking place in Zurich on January 30, 2013. In total 403 travel agents from all over Switzerland attended the day event which was set up in a travel mart style. • Visit USA Seminar Vienna: Participated in the Visit USA Austria seminar that took place in Vienna this year again, on January 31, 2013. In the afternoon we held a 20 minutes training workshop for a total of 80 agents. The evening event was a travel mart followed by a dinner with interviews of participating partners. In total, 153 agents attended the evening event. February 25, 2013 Tourism Staff Reports 10 a-g ma..°klAnd F,txszaaa a[ st.t ,r.agst€ .^ vie tavrtaatry .-, - - MARKETING o German Website: • We started to collect the links from the German tour operators' sites for our own homepage. The operators have a very different use of this tool: some of them are able to give a link that only shows hotels from the Naples' area, others are only able to provide a link to the entire Florida program. With all of them we have the challenge that the user will be able to move on to other product from the starting page. We will start to install the ones that work out fine for us and discuss further with the others at ITB. o Facebook: continuous maintenance of the facebook fanpage o Other • ASNM: Coordinated and approved the layout of the second Florida newsletter as part of our marketing campaign. The newsletter will be sent out on February 7 and 14 to about 750,000 consumers and users of online travel portals. • Fit for USA: Provided information about movies shot in the NAP area to the industry magazine fvw, which is doing a series of online training sessions for travel agents about the US. • Visit Florida: Assisted Christiane Gerber, travel trade manager, in organizing her stay in NAP prior to Huddle. Secured hosted stay at NBH and sites at Hilton Naples, RC Beach & RC Golf, Waldorf Astoria, Edgewater Beach and Inn on Fifth • Visit USA Austria: Extended NAP appearance on Visit USA Austria website by an extra site about the Everglades FOC. Provided text and images • Sunshine State Network: Met with the owner of the non-profit organization SunshineState Network. They operate a bilingual website with information and news about Florida. Their bi- monthly newsletter addresses 4,100 people and their facebook page has currently 3,080 followers. Agreed to cooperation and secured 2 articles (about Everglades City Seafood festival & PGA Champion Tour ACE Group Classic) in the newsletter that was sent out January 27. Extended NAP appearance on their website to include Everglades City. ADMINISTRATIVE/OTHER o Brochure fulfillment: a) Inquiries generated through website: 13 February 25, 2013 , Tourism Staff Reports 10 a-g 24 9.ple+‘Marcutsland b) Direct inquiries: 08 o Contact to Naples' partners: • Informed Robert Pfeffer from the Marriott Marco Island about "Golf Travel Networks", a German tour operator specialized in "golf-pro-trips" that is planning to set up a pro-fam-tour to Florida in November. • Requested one free night stay plus sight inspections for German Visit Florida rep prior to her visit at Huddle. Contacted Cathy Christopher, Inn on Fifth, Caroline Kissel, Hilton NAP, Jen Miller, Ritz Carlton, Charles Mullins, NBH, Maureen Bennett, Waldorf and Edgewater o Other: • Coordinated with Paradise Advertising the ad including QR tag for the Neckermann Reisen truck promotion and discussed possible images that will be used for the ad. • ITB: Started with preparation including scheduling of meetings. February 25, 2013 Tourism Staff Reports 10 a-g t o t 25 a .9, x %tun ti ts3arid • • 41 A t,�,t€,ff 4i. NO VC rtijatfkl. VISITOR CENTER VISITATION-Nancy Kerns Visitor Information Center Specialist This position is to promote tourism in Collier County by communicating information to all visitor centers in Collier County with the goal of keeping visitors in Collier County for an extended stay. Summary The following activities and initiatives have contributed to increased knowledge and awareness that volunteers, Chamber staff and community members have about activities that are available through Collier County visitor centers, resulting in our visitors having more and coordinated information. Compile monthly visitor count numbers for all six county visitor centers. Please see attached document YTD Visitor Center Statistics. 2012 total visitors to visitor centers are up about 20% over 2011. International Visitors • Hosted Asian group of ten that was sponsored by the State Department. This two day event included a reception for them with the Naples Asian Professional Association at the Inn on Fifth, a visit to Big Cypress Preserve and the Everglades. Presentations from the Directors of Big Cypress and the Seminole Tribe included restoration and preservation of the Everglades eco system and land use rights. • Hosted General Consuls of Spain, France and Britain for a day long event promoting Viva Florida 500. Collier County Museums and the Florida Department of State commemorate the 500th anniversary of Ponce de Leon's discovery of Florida with exhibits and presentations throughout the year at the Collier County Museums. The Collier County visitor centers will promote the museum events throughout the year. February 25,2013 a � Tourism Staff Reports 10 a-g 26'«e.at$‘,11,4% 'starc'e, Lu d Arlo: ifelri'r Promote Visitor Information Center • Established a relationship with the Director of Florida City Visitor Center. They are distributing Paradise Coast and Naples on the Gulf magazines. This visitor center handles 100,000 visitors annually, many who are interested in visiting Collier County. • Exchange materials with Miccusukee Visitor Center to promote Collier County visitor centers. • Visit all Collier County visitor centers monthly to distribute materials. These include: Welcome Center and The Oasis Visitor Center—Big Cypress National Preserve Marco island Chamber of Commerce Visitor Center Immokalee Chamber of Commerce Visitor Center Everglades Chamber of Commerce Visitor Center Ave Maria Visitor Center Marco, Immokalee and Everglades Regional Airports Third Street Concierge Gazebo All visitor centers have the Paradise Coast Magazine, Naples on the Gulf Magazine, Marco, Immokalee and Everglades Magazines. • Distribute information on location of VIC to area hotels and merchants on Fifth Avenue, Bayfront, 3rd Street and Tin City. Coordinated 18 FAM Trips for the Collier County Volunteers. The Cove Inn— 40 volunteers Norris Center— 30 volunteers Purely You Spa—25 volunteers Odin—Cruise Naples — 30 volunteers Naples Food Tours — 15 volunteers February 25, 2013 Tourism Staff Reports 10 a-g lawk4 } 27 4iareoWand Vof Lwtgjatici ;'-�,° Naples Princess —45 volunteers Daniela's Restaurant—2 visits — 50 volunteers Hawthorn Suites—35 volunteers Naples Zoo —20 volunteers Residence Inn —35 volunteers Palm Cottage— 20 volunteers Inn on Fifth—25 volunteers Naples Olde Surf Shop —25 volunteers Red Roof Inn— 35 volunteers Toucan's World—20 volunteers Botanical Gardens— 50 volunteers Collier County Museum —25 volunteers Conservancy — 35 volunteers Planned the Chamber Volunteer Christmas luncheon. 82 volunteers attended this event which was hosted by the Hilton. Mike Reagen, Mayor Sorey, Jack Wert and Clark Hill and Santa Claus all thanked the volunteers. Assisted Debi DeBenedeto with FAM Trip for meeting planners on 10/17 & 18. Staff 12 shifts per week of 100 volunteers for the Naples Visitor Information Center, Chamber receptionists and administrative volunteers. Staffed 3 major area golf tournaments. • CME Group Titleholders, 16 Chamber volunteers, November 15-18, 2012 • Franklin Templeton Shark Shootout, 18 Chamber volunteers, December 5- 9, 2012 • ACE Group Classic, 12 Chamber volunteers, February 15 — 17, 2013 February 25,2013 • Tourism Staff Reports 10 a-g • 28 9..apIr%Auto 10,141d rer1440,...mow.= Staffed 4 major area conferences. Forty Chamber volunteers assisted at national conferences held at the Waldorf and Marco Island Marriott. Staffed 3 major art shows. Twenty five Chamber volunteers with these three, 2 day events on Fifth Avenue and at the Mercato. Conducted volunteer training for staff of 100 volunteers which includes formal training for all new volunteers and bi annual training for existing volunteers. Fifteen new volunteers have been referred to me during 2012. Manage Naples Visitor Information Center. • Refer an average of 6 prospective new members from VIC to Don Neer monthly. • Meet with an average of 10 current members monthly who stop by the visitor center and reinforce benefits of Chamber membership. • Implemented a brochure replenishment program. Members are called when the VIC is low on their brochures. This program has been extremely well received by Chamber members and two volunteers monitor the calls and replenishment. Additional Activities Coordinate Business of the Month. This includes coordinating application forms, contacting the business, and meeting business group at the presentation at the Board of County Commissioners meeting. Attend monthly Chamber and CVB staff meetings, monthly Wake Up Naples, Tourist Development Council meetings, BCC Business of the Month, Chamber Executive Club meetings, Chamber Board of Directors' meetings, quarterly RSVP Board, CVB Roundtable, Sports Council and Collier County Lodging and Tourism Association meetings, and Chamber's Annual Trade Show. Also attended: Tourism Awards Lunch, Excellence in Industry Awards, Fifth Avenue Chalk Art, Distinguished Public Service Awards, Blue Chip Awards Coordinated two meetings with directors from six visitor centers. One held in Marco and one in Naples. February 25,2013 Tourism Staff Reports 10 a-g 29 a9rt.4441-*Mut It and Coordinated Chamber Board Advance for the Partnership group. This included contacting 17 community leaders to confirm attendance and handle questions. Attended Board Advance and wrote up summary report on Partnership group's day long meeting. Schedule the Chamber's Leadership Collier Foundation room for meetings. Community groups who utilize the room include: • SCORE bi-weekly meetings. • Council on World Affairs, 3 meetings per week during season. • Foreclosure Task Force weekly meetings. • Chamber Unemployment Support Group weekly meetings. • Collier County Presidents Council. • Miscellaneous groups. Elected Chairman of RSVP (Retired & Senior Volunteer Program of Collier County) Business Improvement District Marketing Committee member. Visit 5th Avenue, 3rd Street, Bayfront , Tin City and Highway 41 hotels and restaurants to promote Naples Visitor Information Center. Attend most major events on Fifth Avenue. Reports Marco Island Everglades CVB Sales Report February to Detailed Staff Reports 11 1/17/2013-2/14/2013 1 of 47 Event Type: All Sales Rep; Debi DeBenedetto Account Name Event Name Event Type Market Type Source Event Start Scope Economic Attend Peak Requested Contracted q Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT DEFINITE American Petroleum Institute API 2013 annual RFP Rcvd Corporate-Other DC 2012 11/7/2013 $30,000.00 0.0 100.0 194.0 0.0 11/11/2013 New $0.00 It Association of American Medical Academic Practice Plan RFP Rcvd Corporate- Website 4/19/2013 $24,000.00 0.0 30.0 80.0 0.0 Colleges Directors spring roundtable Medical/Pharmaceutical 4/22/2013 2013 12 New $0.00 Association Services USA 2014 Convention RFP Rcvd 0 5/14/2014 $60,000 00 0.0 0.0 370.0 0 0 5/18/2014 $0.00 2 Classic Meetings Incorporated 2013 American College of Real RFP Rcvd 0 10/9/2013 $285,570 00 770.0 0.0 770.0 0.0 Estate Lawyers 10/13/2013 $0 00 13 ConferenceDirect/D.Herbers 2013 CAP 2/13 CLA Cmtes RFP Rcvd 0 CVENT 2/21/2013 $42,823.00 0.0 80.0 187.0 187.0 2/23/2013 New $0.00 8 ConferenceDirect/L.Grogan 2014 Interactive Data RFP Rcvd 0 CVENT 2/7/2014 $128,240.00 0.0 225.0 560.0 0.0 2/12/2014 Repeat $0,00 7 Council of State Chambers 2014 Council of State Chambers RFP Rcvd Association-Meetings, Networking 1/25/2014 National $66,371.53 0.0 55.0 170.0 0.0 Winter Conference Conventions,Tourism 1/29/2014 Industry Events 40 Repeat $0.00 Covington Meeting Management Incentive March 2013 RFP Rcvd 0 MPI VF-WEC 3/3/2013 $100,000,00 0.0 60.0 0.0 0.0 sponsor 2011 3/6/2013 New $0.00 2 Defenders LEMC 2014 Homecoming RFP Rcvd 0 Website 6/27/2014 $64,500 00 0.0 500.0 1,500.0 0,0 6/29/2014 New $0.00 6 Destination Marketing Association 2013 DMAI CEO Forum RFP Rcvd 0 4/20/2013 $48,585.00 0.0 80.0 237.0 0.0 International 4/24/2013 7 New $0 00 Printed. 2/14/2013 Copynght 02013 iDSS.All Rights Reserved. Page 1 of 15 Sales Rep: Debi DeBenedetto February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 2.jffe411 Peak Requested Contracted N Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT DEFINITE HelmsBriscoe/C.Faust Retirement Services Planning RFP Rcvd 0 Repeat Planner 11/3/2013 $0.00 0.0 100.0 310.0 0.0 contact 11/6/2013 0 Repeat $0.00 HelmsBriscoe/C.Faust 2013 Legend National Advisors RFP Rcvd 0 CVENT 11/2/2013 $37,510 00 0.0 100.0 310.0 0.0 Conference 11/5/2013 8 Repeat $0.00 HelmsBriscoe/T.Baker Construction Industry 2013 RFP Rcvd 0 Chesney 6/15/2013 $30,000 00 0.0 75.0 242.0 0.0 Mission 6/18/2013 Repeat $0 00 3 IMN Solutions 2013 NCSC COSCA mid year RFP Rcvd 0 CVENT 12/3/2013 $39,440.00 0.0 60.0 245.0 0.0 mtg 12/7/2013 10 Repeat $0.00 Marco Island Marriott Beach Florida Sheriff 2013 RFP Rcvd 0 RFP 7/26/2013 National $200,000.00 0.0 300.0 940.0 0.0 Resort,Golf Club&Spa Enhancement 7/31/2013 0 New $0.00 Medicare Supplement Insurance 2013 Medicare Supplement RFP Rcvd Corporate- Phone 6/5/2013 $99,550.00 0.0 80.0 270.0 0.0 Service Inc. Insurance Service Medical/Pharmaceutical 6/9/2013 New $0.00 50 National Association of Christian 2013 NACFC annual RFP Rcvd 0 Encounter 4/23/2013 $51,250.00 0.0 75.0 280.0 0.0 Financial Consultants convention 4/27/2013 34 New $0.00 North American Millers' March Divison Meetings RFP Rcvd Association-Meetings, DC 2012 3/27/2015 National $177,261.25 0.0 135.0 465 0 0.0 Association Conventions,Tourism 3/31/2015 Industry Events 40 New $0.00 Polaris Meetings Group,LLC 2013 Titan Pharmaceuticals RFP Rcvd 0 Music Oct. 2/17/2013 $8,244.00 0.0 9.0 36.0 0.0 Board mtg 2011 FAM 2/22/2013 26 Repeat $0 00 Site Search,Inc. 2013/2014 Fla.Federation of RFP Rcvd 0 RFP's received 5/15/2013 $0.00 0.0 350.0 1,400.0 0.0 Fairs&Livestock -Out of 5/18/2013 Florida $0.00 Temple Aron HaKodesh Annual Messianic Women's RFP Rcvd SMERF Website 8/15/2013 Regional $7,500.00 0.0 45.0 98.0 98.0 Conference&Retreat 8/18/2013 62 New $0.00 The Fund for Amercan Studies 2013 Leadership Network RFP Rcvd 0 DC 2012 10/9/2013 $16,188.00 0.0 60.0 142.0 0.0 10/12/2013 Repeat $0.00 13 Printed: 2/14/2013 Copyright 02013 iDSS.All Rights Reserved. Page: 2 of 15 Sales Rep: Debi;DeBenedetto February 25,2013, Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 34ffeilt Peak Requested Contracted 0!Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT DEFINITE The Ritz-Carlton Golf Resort, CHP 2013 RFP Rcvd 0 RFP 3/10/2013 $287,000.00 0.0 175.0 564.0 0.0 Naples Enhancement 3/13/2013 0 Repeat $0.00 The Ritz-Carlton Golf Resort, General Reinsurance RFP Rcvd 0 Phone 3/16/2013 National $500,000 00 0.0 281.0 857.0 0.0 Naples Corporation 3/22/2013 0 New $0.00 The Ritz-Carlton,Naples Massachusetts Bankers RFP Rcvd 0 RFP 4/21/2013 $465,000.00 0.0 200.0 825.0 0.0 Association Enhancement 5/1/2013 O New $0.00 The Ritz-Carlton,Naples 2013 PMG RFP Rcvd 0 RFP 10/1/2013 $83,494 00 0.0 125.0 345.0 0.0 Enhancement 10/5/2013 O Repeat $0 00 The Ritz-Carlton,Naples Elite Meetings Alliance show RFP Rcvd 0 RFP 11/9/2013 Local $1,000,000 00 0.0 250.0 750.0 0.0 2013 Enhancement 11/12/2013 O New $0.00 Travel and Transport Inc. Nebraska Bankers Assoc RFP Rcvd 0 2/20/2013 $68,000 00 0.0 70.0 300.0 0.0 2/24/2013 New $0.00 10 Travel and Transport Vacations Bank Executive Conference RFP Rcvd Association-Meetings, Website 2/20/2013 $81,000.00 0.0 70.0 300.0 0.0 2013 Conventions,Tourism 2/24/2013 New $0.00 Industry Events 16 Waldorf Astoria Naples National Trailer Dealers RFP Rcvd 0 RFP 10/7/2013 $143,568 00 0.0 180.0 585.0 0.0 Association Enhancement 10/10/2013 0 Repeat $0 00 Waldorf Aston Naples Florida Entomological Society RFP Rcvd 0 7/14/2013 $40,000.00 0.0 60.0 180.0 0.0 7/17/2013 $0.00 0 Event Count: 31 $4,185,094 78 770.0 3,930.0 13,512.0 285.0 $0.00 Status: CURRENT TENTATIVE American Copper Council 2013 Fall meeting RFP Rcvd 0 Connect 11/4/2013 $93,775.00 0.0 280.0 775.0 0.0 11/7/2013 Repeat $0.00 0 Printed. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page. 3 of 1 S Sales Rep; Debi DeBenedetto February 25,2013 natalia!Staff Rep"ts_11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 4Aguipp Peak Requested Contracted H Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE American Express Mtg&Events/ 2013 Elliott Comp.Engineer RFP Rcvd 0 CVENT 2/4/2013 $14,186.12 0 0 I S.0 60.0 0.0 K.Pecanac Solutions 2/7/2013 11 New $0.00 American Financial Services 2015 AFSA RFP Rcvd 0 Networking 4/5/2015 $173,000 00 0.0 250.0 845.0 0.0 Association 4/11/2015 0 New $0.00 American Society of Concrete 2013 ASCC Annual Conference RFP Rcvd Connect 9/18/2013 $43,430 00 0.0 124.0 393.0 0.0 Contractors 9/21/2013 7 New $0.00 American Society of Concrete 2014 CEO Forum RFP Rcvd Connect 6/19/2014 $23,220 00 0.0 60.0 180.0 0.0 Contractors 6/21/2014 15 New $0.00 Awards and Recognition ARA Dec Board Meeting RFP Rcvd Association-Meetings, Website 12/4/2013 $6,217 14 0.0 16.0 51.0 0.0 Association Conventions,Tourism 12/7/2013 Industry Events 66 New $0.00 Classic Meetings Incorporated 2013 athenahealth RFP Rcvd 0 Website 2/12/2013 $36,640.00 0.0 70.0 160.0 0.0 2/15/2013 New $0.00 14 ConferenceDirect/B.Melton 2014 JARC BOD Retreat RFP Rcvd 0 CVENT 3/6/2014 $33,011.54 0.0 40.0 82.0 0.0 3/8/2014 New $0.00 33 ConferenceDirect/K.Renzi 2014 FATA RFP Rcvd 0 CVENT 6/7/2014 $59,373.71 0.0 70.0 165.0 0.0 6/10/2014 Repeat $0.00 3 Courtesy Associates 2014 MilliCare Exchange RFP Rcvd 0 Website 4/2/2014 $122,670 92 0.0 243.0 809.0 0.0 4/6/2014 New $0.00 6 Delaney Meeting&Event SE Assn Fish&Wildlife RFP Rcvd Association-Meetings, Website 10/5/2014 $151,850 00 0.0 275.0 870.0 0.0 Management Agencies annual Conf Conventions,Tourism 10/9/2014 Industry Events 4 New 50 00 Experient 2013 Mueller Co RFP Rcvd 0 CVENT 1/21/2013 $59,77800 0.0 112.0 369.0 0.0 1/24/2013 New $0.00 9 Expenent/D.Borel-Ploeger 2015 AICD Annual meeting RFP Rcvd 0 Connect 5/14/2015 $59,305.00 0.0 100.0 390,0 0.0 5/20/2015 New $0.00 0 Punted. 2/14/2013 Copynght©2013 IDSS.All Rights Reserved. Page. 4 of 15 Sales Rep: Debi DeBenedetto February 25,2013 Detailed Staff Reports 1'1 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 5Mptip Peak Requested Contracted q Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE First Amendment Lawyers Winter Meeting 2015 RFP Rcvd 0 Smart 2/4/2015 $34,350.00 0,0 37.0 148.0 0.0 Association Meetings 2/7/2015 13 New $0.00 Florida Festivals&Events FFEA Convention&tradeshow RFP Rcvd 0 Networking 7/22/2014 $45,475 00 0.0 125.0 418.0 0.0 Association 2014 7/27/2014 7 New $0 00 Florida Health Care Social Workers 2013 Annual Conference RFP Rcvd 0 Networking 7/7/2013 $23,500.00 0.0 80.0 220.0 0.0 Association 7/9/2013 10 New $0.00 FSA Management Group 2016 Alm conference RFP Rcvd 0 Connect 6/6/2016 $261,000.00 0.0 450.0 1,800.0 0 0 6/9/2016 Repeat $0.00 0 FSA Management Group FSA-Chain Store Age Event RFP Rcvd 0 Repeat Planner 11/5/2013 $73,268 23 0.0 120.0 280.0 0.0 Executive Spec 2013 contact 11/8/2013 36 Repeat $0.00 HelmsBriscoe/1.Grabowski ACP Planning Retreat 2014 RFP Rcvd 0 CVENT 1/15/2014 059,131 00 0.0 49.0 1570 0.0 1/19/2014 New $0.00 0 HelmsBriscoe/B.Wickramasuriya Camstar Customer Conference RFP Rcvd 0 CVENT 4/26/2014 $228,484 24 0,0 175.0 605.0 0.0 2014 5/1/2014 6 New $0.00 HelmsBriscoe/C.Faust 2014 ARFF Chiefs Leadership RFP Rcvd 0 Networking 2/8/2014 $91,138 66 0.0 80.0 285.0 0.0 2/15/2014 Repeat $0.00 12 HelmsBriscoe/1.Slater 2013 Electrolux Spr. RFP Rcvd 0 RFP 3/17/2013 $400,300 00 0.0 297.0 985.0 0.0 Enhancement 3/21/2013 $0.00 0 HelmsBriscoe/M.Moliver 2015 FSGA RFP Rcvd 0 CVENT 7/22/2015 $30,388 00 0.0 156.0 284.0 00 7/25/2015 New $0.00 8 HelmsBriscoe/R.Ayers 2014 Assoc.of Anatomy,cell RFP Rcvd CVENT 2/5/2014 $59,500 00 0.0 65.0 260.0 0.0 biology 2/8/2014 5 New $0.00 HelmsBriscoe/S.Pollock 2014 Quannco Manne Athletes RFP Rcvd CVENT 6/5/2014 $33,853.93 0.0 50.0 150.0 0.0 Reunion 6/7/2014 39 New $0.00 _ Printed'. 2/14/2013 Copyright 02013 iDSS.All Rights Reserved. Page: 5 of 15 Sales Rep: Debi'DeBenedetto February 25,2013 DMailad S+efr P.p"tds 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 6ASfe411 Peak Requested Contracted 8 Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE HelmsBriscoe/V.Corder 2014 PHH Mortgage NSM RFP Rcvd 0 HelmsBriscoe 1/28/2014 $480,309.97 0.0 420.0 1,270.0 0.0 1/31/2014 Repeat $0.00 6 HelmsBriscoe N.Schlosser 2014 Group West Coast FL RFP Rcvd SMERF CVENT 4/12/2014 $461,250.00 0.0 255.0 2,550.0 0.0 4/21/2014 Repeat $0.00 3 Hyland Software 2014 and 20I5Team on Base RFP Rcvd 0 Collaborate 2/11/2013 $180,000.00 0.0 230.0 616.0 0.0 Conf 2/13/2013 6 Repeat $0.00 IMN Solutions 2014 WTI Board of Trustees RFP Rcvd 0 CVENT 1/1/2014 $11,340 00 0.0 20.0 70.0 210.0 Meeting 1/4/2014 13 Repeat 50.00 IMN Solutions 2014 SDA Adventist Risk RFP Rcvd 0 CVENT 9/4/2014 $144,000.00 0.0 300.0 1,426 0 0.0 Mgmt Mtg 9/12/2014 6 New 50.00 Informed Meetings Exchange 2013 AFSA RFP Rcvd 0 Networking 1/17/2013 $5,800.00 0.0 20.0 36.0 0.0 1/19/2013 New $0.00 12 Jan Lovett Tours December Senior tour RFP Rcvd 0 Website 12/1/2013 $17,822.66 0.0 21.0 84.0 0.0 1 2/4/2013 New $0.00 60 LT Planning&Incentives Sales Incentive LT Planning RFP Rcvd 0 Meetings& 1/26/2014 $89,333.57 0.0 50.0 350.0 0.0 Incentives 2/1/2014 27 New $000 Mach Software 2014 Mach Softward user RFP Rcvd Corporate-Other Website 2/25/2014 $41,250.65 0.0 50.0 120.0 0.0 Conference 2/27/2014 22 New $0.00 Marco Island Marriott Beach Warehouse Logistics Assn RFP Rcvd 0 REP 2/15/2015 National $359,925.00 0.0 187.0 747.0 0.0 Resort,Golf Club&Spa Enhancement 2/19/2015 0 New $0 00 Marco Island Marriott Beach scholastic ed 2013 RFP Rcvd 0 RFP 7/6/2013 $225,000.00 0.0 250.0 1,110.0 0.0 Resort,Golf Club&Spa Enhancement 7/13/2013 0 $0.00 0 Meeting Expectations,Incorporated 2014 ISBN RFP Rcvd 0 Repeat Planner 5/2/2014 National $125,000.00 0.0 140.0 477.0 0.0 contact 5/7/2014 Repeat $0.00 6 _ Printed: 2/14/2013 Copyright 02013 iDSS.All Rights Reserved. Page: 6 of 15 Sales Rep: Debi DeBenedetto February 25,2013 natailed.-Ct,,tt-gopa+s 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 740e4p Peak Requested Contracted 8 Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE Meetings Info MIM 2014 Line Service Principals RFP Rcvd 0 4/5/2014 $167,000 00 0.0 165.0 815.0 0.0 4/14/2014 New $0.00 1 Mercedes Benz Club of America StarTech Technical event 2015 RFP Rcvd 0 DC 2012 6/4/2015 $59,540 00 0.0 100.0 260.0 0.0 6/8/2015 New $0.00 11 Mercedes Benz Club of America StarTech Technical event 2017 RFP Rcvd 0 DC 2012 6/8/2017 $59,540 00 0.0 100.0 260.0 0.0 6/12/2017 $0.00 11 National Collegiate Table Tennis College Table Tennis National RFP Rcvd 0 Connect 4/18/2013 $82,000 00 0.0 150.0 600.0 0.0 Association Championships 4/21/2013 0 New $0.00 NGALA DTS Technologies Site CVB Sponsored 0 Networking 10/17/2012 $24,000.00 0.0 75.0 162.0 0.0 10/19/2012 New $0.00 0 Panamencan Surety Association 2013 APFPASA RFP Rcvd Association-Meetings, South America 4/21/2013 International $150,000 00 0.0 250.0 850.0 0.0 Conventions,Tounsm Sales Mission 4/24/2013 Industry Events 4 New $0.00 Paragon Events 2014 MPISEC RFP Rcvd Association-Meetings, MPI Tampa 8/19/2014 $150,000.00 0.0 275.0 680.0 0.0 Conventions,Tourism 8/23/2014 Industry Events 22 Repeat $0.00 Premier Management Group& RFT 2014 Issues Forum RFP Rcvd Corporate-Other Networking 6/15/2014 $118,488 75 0.0 100.0 250.0 0.0 Associates LLC 6/17/2014 16 New $0.00 Red Velvet Events Sun guard Ignite RFP Rcvd Corporate-Other Website 4/7/2013 $34,084 31 0.0 35.0 49.0 0.0 4/9/2013 New $0.00 35 Reliable Facility Placement 2015 American College of Lab. RFP Rcvd Rejuvenate 5/2/2015 $123,000.00 0.0 180.0 600.0 0.0 Animal Medicine 5/5/2015 4 Repeat 50.00 Riemer Reporting Service 2013 National Plastic.PVC RFP Rcvd 0 Networking 2/11/2013 $1,832.00 0.0 8.0 8.0 0.0 Credit Assoc. 2/11/2013 30 New $0 00 RockSolid Granite USA 2014 Franchise Convention& RFP Rcvd 0 2012 Fans 7/21/2014 $53,500.00 0.0 150.0 500.0 0.0 Trend USA 7/26/2014 4 Repeat $0.00 _ Printed. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page. 7 of 15 Sales Rep: Debi DeBenedetto February 25,2013 Detailed staff Reports+5 Account Name Event Name Event Type Market Type Source Event Start Scope Economic gallyp Peak Requested Contracted 9 Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE Sanofi Meetings Management C Diff Investigator Meeting RFP Rcvd Corporate- CVENT 6/2/2013 $234,891.87 0.0 300.0 630.0 0.0 Medical/Pharmaceutical 6/6/2013 2 New $0.00 Sherri Cook&Associates 2015 Foundations Recovery RFP Rcvd 0 10/2/2015 $122,322.00 0.0 293.0 1,073.0 0.0 Network 10/11/2015 2 New $1100 Singleton Events National Consolidated Licensed RFP Rcvd Corporate-Other Meeting Focus 6/12/2014 $82,955.52 0.0 60.0 250.0 0.0 Beverage Association 6/18/2014 20 New $0.00 Society for the Scientific Study of 2015 Annual Meeting RFP Rcvd Connect 11/11/2015 $66,550.00 0.0 158.0 550.0 0.0 Sexuality 11/15/2015 O New 50.00 Southeastern Section of the 2013 SES 77th annual meeting RFP Rcvd Association-Health& RFP's received 3/12/2013 80.00 0.0 316.0 1,286.0 0.0 American Urological Association, Medical -Out of 3/17/2013 Incorporated gjlorida 50.00 Southern Association Colleges& 2015 March Board mtg RFP Rcvd 0 Connect 3/18/2015 $3,400.00 0.0 17.0 34.0 0.0 Schools 3/19/2015 O Repeat $0.00 Southern Association Colleges& 2015 June Commission Meeting RFP Rcvd 0 Connect 6/17/2015 $48,375.00 0.0 125.0 375.0 0.0 Schools 6/19/2015 O Repeat $0.00 The Fellowship of Christian 2013 FCC Cheerleaders RFP Rcvd SMERF Rejuvenate 12/7/2013 National $30,000.00 0.0 125.0 250.0 0.0 Cheerleaders Competition Championships 12/8/2013 6 New $0 00 The Global Group Inc. Premier Logistics and Corporate RFP Rcvd Meetings 3/11/2013 8226,000.00 0.0 200.0 805.0 0.0 Planners Focus-NBH 3/I5/2013 kAM 2011 New $0.00 The Hutton Group,Incorporated 2014 incentive program RFP Rcvd 0 4/2/2014 $52,815.38 0.0 100.0 225.0 0.0 4/4/2014 Repeat $0.00 27 The Little Gym 2013 Little Gym RFP Rcvd SMERF Planner 5/2/2013 $100,000.00 0.0 175.0 525.0 0.0 Inquiry via 5/4/2013 New $0.00 pone or Email The Ritz-Carlton,Naples Growth Development Rfp enhancement 0 Other 5/28/2013 $97,789.33 0.0 100.0 300.0 0.0 Associates 5/31/2013 O New $0.00 Printed: 2/14/2013 Copyright 02013 iDSS.All Rights Reserved, Page' 8 of 15 Sales Rep: Debi De Benedetto February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 94100 Peak Requested Contracted #Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: CURRENT TENTATIVE TLC Travel Expert Services Naples area adventure group RFP Rcvd SMERF New York 7/28/2013 National $14,431.22 0.0 10.0 50.0 0.0 teens 2013 8/1/2013 33 New $0.00 Vec Inc. Vec Company retreat RFP Rcvd Corporate-Other Other 2/21/2013 $19,380 37 0.0 15.0 46.0 0.0 2/24/2013 $0.00 22 Waldorf Astoria Naples Truck Renting&Leasing Assoc CVB Sponsored 0 REP 3/9/2013 $333,198 00 0.0 157.0 942.0 0.0 Enhancement 3/14/2013 0 New $0.00 Waldorf Astoria Naples BI Worldwide for Chrysler CVB Sponsored 0 RFP 3/31/2013 $95,000 00 0.0 60.0 180.0 0.0 Service Contracts Enhancement 4/2/2013 New $0.00 0 Event Count: 65 $6,907,972.09 0.0 9,081.0 32,152.0 210.0 $0.00 Status: LEADS SENT Awards and Recognition ARA Dec Board Meeting RFP Rcvd Association-Meetings, Website 12/4/2013 86,217.14 0.0 16.0 51.0 0.0 Association Conventions,Tourism 12/7/2013 Industry Events 66 New $0.00 ConferenceDirect/B.Melton 2014 JARC BOD Retreat REP Rcvd 0 CVENT 3/6/2014 $33,011.54 0.0 40.0 82.0 0.0 3/8/2014 New $0.00 33 Courtesy Associates 2014 MilliCare Exchange RFP Rcvd 0 Website 4/2/2014 8122,670.92 0.0 243.0 809.0 0.0 4/6/2014 New $0.00 6 FSA Management Group FSA-Chain Store Age Event RFP Rcvd 0 Repeat Planner 11/5/2013 $73,268.23 0.0 120.0 280.0 0.0 Executive Spec 2013 contact 11/8/2013 36 Repeat $0.00 HelmsBriscoe/1.Grabowski ACP Planning Retreat 2014 RFP Rcvd 0 CVENT 1/15/2014 $59,131.00 0.0 49.0 157.0 0.0 1/19/2014 New $0.00 0 HelmsBriscoe/B.Wickramasuriya Camstar Customer Conference RFP Rcvd 0 CVENT 4/26/2014 $228,484.24 0.0 175.0 605.0 0.0 2014 5/1/2014 6 New $0 00 Printed. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page. 9 of 15 Sales Rep: Debi DeBenedetto February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 1at1 147 Peak Requested Contracted N Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: LEADS SENT HelmsBriscoe/S.Pollock 2014 Quantico Marine Athletes RFP Rcvd CVENT 6/5/2014 $33,853.93 0.0 50.0 150.0 0.0 Reunion 6/7/2014 39 New $0.00 HelmsBriscoe/V.Corder 2014 PHH Mortgage NSM RFP Rcvd 0 HelmsBriscoe 1/28/2014 $480,309.97 0.0 420.0 1,270.0 0.0 1/31/2014 Repeat $0.00 6 Jan Lovett Tours December Senior tour RFP Rcvd 0 Website 12/1/2013 $17,822.66 0.0 21.0 84.0 0.0 12/4/2013 New $0.00 60 LT Planning&Incentives Sales Incentive LT Planning RFP Rcvd 0 Meetings& 1/26/2014 $89,333.57 0.0 50.0 350.0 0.0 Incentives 2/1/2014 27 New $0.00 The Hutton Group,Incorporated 2014 incentive program RFP Rcvd 0 4/2/2014 $52,815.38 0.0 100.0 225.0 0.0 4/4/2014 Repeat $0.00 27 The Ritz-Carlton,Naples Growth Development Rfp enhancement 0 Other 5/28/2013 $97,789.33 0.0 100.0 300.0 0.0 Associates 5/31/2013 0 New $0 00 TLC Travel Expert Services Naples area adventure group RFP Rcvd SMERF New York 7/28/2013 National $14,431.22 0.0 10.0 50.0 0.0 teens 2013 8/1/2013 33 New $0.00 Event Count: 13 $1,309,139 13 0.0 1,394.0 4,413.0 00 $0.00 Status: TURNED CANCELLED Assoc.of Procurement Technical 2013 summer board meeting RFP Rcvd Connect 7/10/2013 $6,741.00 0.0 20.0 63.0 0.0 Assistance Centers 7/13/2013 New $0 Company Canceled Meeting 16 Church of Christ Written in Heaven 2013 Women's Retreat RFP Rcvd 0 Connect 4/25/2013 $13,530.00 0.0 22.0 66.0 0.0 4/27/2013 Repeat $0.00 16 ConferenceDirect/M.Ronacher WU week event RFP Rcvd Chesney 1/31/2013 $590,000.00 0.0 521.0 2,422.0 0.0 Denver 2011 2/8/2013 $0.00 Company Canceled Meeting 2 Printed. 2/14/2013 Copyright 02013 iDSS.All Rights Reserved. Page. 1 0 of I S Sales Rep: Debi DeBenedetto February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 1,11 0147 Peak Requested Contracted 6 Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: TURNED CANCELLED National Association of Guardsman NAG Social Club 2013 RFP Rcvd SMERF Phone 7/9/2013 National $100,000.00 0.0 250.0 830 0 0 0 7/14/2013 $0.00 24 Select Meeting Sites,Incorporated 2013 GE Americas Sponsor RFP Rcvd 0 CVENT 3/5/2013 $117,500.00 0.0 250.0 500.0 0.0 Finance mtg 3/6/2013 Repeat $0.00 Company Canceled Meeting 0 Site Search,Incorporated FSAE Foundation Think Tank- RFP Rcvd 0 FSAE 9/17/2013 $9,696.00 0.0 44.0 96.0 0.0 Sept/Oct 2013 9/20/2013 42 Repeat $0.00 Solutions+of New York WBASNY 2013 REP Rcvd 0 Successful 5/16/2013 $36,250.00 0.0 80.0 260.0 0.0 Meetings 5/19/2013 10 New $0.00 Event Count; 7 $873,717.00 0.0 1,187.0 4,237.0 0.0 $0.00 Status: TURNED DEFINITE Council of State Chambers 2014 Council of State Chambers REP Rcvd Association-Meetings, Networking 1/25/2014 National $66,371.53 0.0 55.0 170.0 0.0 Winter Conference Conventions,Tourism 1/29/2014 Industry Events 40 Repeat $0.00 Debi's Itineraries October 2011 Music Earn CVB Sponsored 0 ASIA Nov. 10/27/2011 $0.00 0.0 25.0 76.0 0.0 2011 FAM 10/30/2011 $000 0 Debi's Itineranes Site Lee Hotels CVB Sponsored 0 Networking 1/20/2012 $0.00 0.0 I.0 I.0 0.0 1/21/2012 New $0.00 0 Debi's Itineraries CANUSA Fam May 2012 CVB Sponsored 0 Huddle 5/10/2012 International $0.00 0.0 10.0 40.0 0.0 5/13/2012 New $0.00 0 Debi's Itineraries September Journey through CVB Sponsored 0 Networking 9/16/2012 Local $0.00 0.0 126.0 150.0 0.0 Florida's Paradise Coast 9/18/2012 0 New $0.00 Debi's Itineraries Willy Fam German CVB Sponsored 0 POW WOW 10/20/2012 $0.00 0.0 7.0 21.0 0.0 10/23/2012 New $0.00 0 Printed. 2/14/2013 Copyright 02013 iDSS All Rights Reserved. Page. 11 of 15 Sales Rep: Debi DeBenedetto February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 14tlfP47 Peak Requested Contracted N Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: TURNED DEFINITE Debi's Itineraries Ancoradouro Brazilian Fam CVB Sponsored 0 South America 9/14/2012 $0.00 0.0 0.0 0.0 0.0 Sales Mission 9/16/2012 0 New $0.00 HelmsBriscoe/C.Faust Retirement Services Planning RFP Rcvd 0 Repeat Planner 11/3/2013 $0.00 0.0 100.0 310.0 0.0 contact 11/6/2013 0 Repeat $0.00 Max vantage Meetings 2013 Presidents incentive RFP Rcvd Corporate- Repeat Planner 6/9/2013 $20,000.00 0.0 25.0 150.0 0.0 awards Medical/Pharmaceutical contact 6/14/2013 Repeat $0.00 Alternate Location Selected 0 Nix Conference&Meeting 2013 Marianists Province RFP Rcvd 0 Website 2/10/2013 $900.00 0.0 30.0 0.0 0.0 Management 2/10/2013 0 New $0.00 North American Millers' March Divison Meetings RFP Rcvd Association-Meetings, DC 2012 3/27/2015 National $177,261.25 0.0 135.0 465.0 0.0 Association Conventions,Tourism 3/31/2015 Industry Events 40 New $0.00 Polans Meetings Group,LLC 2013 Titan Pharmaceuticals RFP Rcvd 0 Music Oct. 2/17/2013 $8,244.00 0.0 9.0 36.0 0.0 Board mtg 2011 FAM 2/22/2013 26 Repeat $0.00 Waldorf Astoria Naples Florida Entomological Society RFP Rcvd 0 7/14/2013 $40,000.00 0.0 60.0 180.0 0.0 7/17/2013 $0.00 0 Event Count: 13 $312,776.78 0.0 583.0 1,599.0 0.0 $0.00 Status: TURNED LOST American Express Meetings& 2013 Gates RFP Rcvd 0 CVENT 2/3/2013 $21,755.00 0.0 26.0 95.0 0.0 Events 2/7/2013 New $0.00 Alternate Location Selected 0 CityMatCH 2013 22nd annual conference RFP Rcvd 0 Destination 9/6/2013 $65,650.00 0.0 196.0 636.0 0.0 Showcase- 9/9/2013 Alternate Location Selected Chicago New $0.00 ConferenceDirect/K.Pothier 2013 Sapa Extrusions NA RFP Rcvd 0 CVENT 2/5/2013 $17,175.00 0.0 25.0 75.0 0.0 2/7/2013 New $0.00 Alternate Location Selected 6 Pnnted-. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page 12 of 15 Sales Rep: Debi DeBenedettlo February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 19tbm47 Peak Requested Contracted N Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: TURNED LOST Council on Occupational Education COE annual mtg&COE RFP Rcvd 0 Encounter 1 1/5/2013 $90,750.00 0.0 245.0 750.0 0.0 Candidate Academy-Nov 2013 11/9/2013 5 New $0.00 Alternate Location Selected FSA Management Group 2014 Society for Foodservice RFP Rcvd 0 Connect 9/15/2014 $60,600.00 0.0 150.0 450.0 0.0 Mgmt 9/17/2014 Repeat $0.00 Alternate Location Selected 0 HelmsBnscoe/1.Mattes 2014 Trane Strategic Partner RFP Rcvd 0 CVENT 4/4/2014 $183,270.00 0.0 2710 883.0 0.0 Exchange 4/9/2014 0 Repeat $0.00 Alternate Location Selected Max vantage Meetings 2013 Presidents incentive RFP Rcvd Corporate- Repeat Planner 6/9/2013 $20,000 00 0.0 25.0 150.0 0 0 awards Medical/Pharmaceutical contact 6/14/2013 Alternate Location Selected 0 Repeat $0.00 Meeting Expectations,Incorporated 2015 International SalonSpa RFP Rcvd 0 Website 4/10/2015 $97,785.00 0.0 140.0 477.0 0.0 Business Ntwrk-ISBN 4/15/2015 Alternate Location Selected 8 Repeat $0.00 Meeting Sites Resource 2014 ACI-NA Risk Mgmt. RFP Rcvd Corporate-Other Networking 1/10/2014 $35,800.00 0.0 75.0 221.0 0.0 Conference 1/15/2014 0 New $0.00 Alternate Location Selected Riemer Reporting Service 2013 National Fiberglass Credit RFP Rcvd 0 Networking 2/11/2013 $2,290.00 0.0 10.0 10.0 0 0 Assoc. 2/11/2013 24 New $0.00 Site Search,Incorporated Foundation Board mtg& RFP Rcvd 0 FSAE 10/16/2013 $8,436.00 0.0 37.0 74.0 0.0 Meet/Greet Oct/Nov 2013 10/17/2013 18 Repeat $0.00 Site Search,Incorporated CEO Retreat RFP Rcvd 0 FSAE 8/29/2013 $5,858.00 0.0 26.0 58.0 0.0 8/31/2013 Repeat $0.00 17 Site Search,Incorporated FSAE Foundation Think Tank- RFP Rcvd 0 FSAE 9/17/2013 $9,696 00 0.0 44.0 96.0 0.0 Sept/Oct 2013 9/20/2013 42 Repeat $0.00 Site Search,Incorporated 2014 FSAE Annual Conference RFP Rcvd 0 FSAE 7/21/2014 $94,695.00 0.0 265.0 885.0 0.0 7/27/2014 Repeat $0 00 4 Site Search,Incorporated 2015 FSAE Annual Conference RFP Rcvd 0 FSAE 7/20/2015 $94,695 00 0.0 265.0 885.0 0.0 7/25/2015 $0.00 4 Pnnted. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page. 13 of I5 Sales Rep: Debi DeBenedetto February 25,2013 Nealled-$tc=#Raprscs'PI Account Name Event Name Event Type Market Type Source Event Start Scope Economic 144:01,47 Peak Requested Contracted tl Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: TURNED LOST Site Search,Incorporated 2016 FSAE Annual Conference RFP Rcvd 0 FSAE 7/18/2016 $94,695.00 0.0 265.0 885.0 0.0 7/23/2016 Repeat $0.00 4 Stadium Managers Association Tempnet 2014 RFP Rcvd 0 Connect 2/25/2014 $63,891.00 0.0 75.0 265.0 0.0 3/1/2014 New $0.00 Alternate Location Selected 11 The Planning Mode 2013 Worldwide Express Conf RFP Rcvd 0 Website 1/14/2013 $170,000.00 0.0 344.0 1,150.0 0.0 1/19/2013 New $0.00 2 Event Count: I8 $1,137,041.00 0.0 2,486.0 8,045.0 0.0 80.00 Status: TURNED TENTATIVE Awards and Recognition ARA Dec Board Meeting RFP Rcvd Association-Meetings, Website 12/4/2013 $6,217 14 0.0 16.0 51.0 0.0 Association Conventions,Tourism 12/7/2013 Industry Events 66 New 80.00 ConferenceDirect/B.Melton 2014 JARC BOD Retreat RFP Rcvd 0 CVENT 3/6/2014 $33,011.54 0.0 40.0 82.0 0.0 3/8/2014 New $0.00 33 Courtesy Associates 2014 MilliCare Exchange RFP Rcvd 0 Website 4/2/2014 $122,670.92 0.0 243.0 809.0 0.0 4/6/2014 New $0.00 6 FSA Management Group FSA-Chain Store Age Event RFP Rcvd 0 Repeat Planner 11/5/2013 $73,268.23 0.0 120.0 280.0 0.0 Executive Spec 2013 contact 11/8/2013 36 Repeat $0.00 HelmsBriscoe/1.Grabowski ACP Planning Retreat 2014 RFP Rcvd 0 CVENT 1/15/2014 $59,131.00 0.0 49.0 157.0 0.0 1/19/2014 New $0.00 0 HelmsBriscoe/B.Wickramasuriya Camstar Customer Conference RFP Revd 0 CVENT 4/26/2014 $228,484.24 0.0 175.0 605.0 0.0 2014 5/1/2014 New $0.00 6 HelmsBriscoe/S.Pollock 2014 Quantico Marine Athletes RFP Rcvd CVENT 6/5/2014 $33,853.93 0.0 50.0 150.0 0.0 Reunion 6/7/2014 39 New $0.00 _ Printed'. 2/14/2013 Copyright©2013 iDSS.All Rights Reserved. Page 14 of 15 Sales Rep: Debi DeBenedettt February 25,2013 Detailed Staff Reports 11 Account Name Event Name Event Type Market Type Source Event Start Scope Economic 1,3t 7 Peak Requested Contracted H Partners Event End Impact Est Rooms Rooms Rooms Sent Lead New/Repeat Actual Status: TURNED TENTATIVE HelmsBriscoe/V.Corder 2014 PI-H-I Mortgage NSM RFP Rcvd 0 HelmsBnscoe 1/28/2014 $480,309.97 0.0 420.0 1,270.0 0.0 1/31/2014 Repeat $0 00 6 Jan Lovett Tours December Senior tour RFP Rcvd 0 Wehsne 12/1/2013 $17,822.66 0.0 21.0 84.0 0.0 12/4/2013 New $0.00 60 LT Planning&Incentives Sales Incentive LT Planning RFP Rcvd 0 Meetings& 1/26/2014 $89,333.57 0.0 50.0 350.0 0.0 Incentives 2/1/2014 27 New $0.00 The Hutton Group,Incorporated 2014 incentive program RFP Rcvd 0 4/2/2014 $52,815.38 0.0 100.0 225.0 0.0 4/4/2014 Repeat $0.00 27 The Ritz-Carlton,Naples Growth Development Rfp enhancement 0 Other 5/28/2013 $97,789.33 0.0 100.0 300.0 0.0 Associates 5/31/2013 0 New $0.00 TLC Travel Expert Services Naples area adventure group RFP Rcvd SMERF New York 7/28/2013 National $14,43122 0.0 10.0 50.0 0.0 teens 2013 8/1/2013 33 New $0.00 Event Count: 13 $1,309,139.13 0.0 1,394.0 4,413.0 0.0 $0 00 Event Count: 160 $16,034,879 91 770.0 20,055.0 68,371.0 495.0 $0 00 Printed'. 2/14/2013 Copyright 02013 IDSS.All Rights Reserved. Page: 15 of 15 Naples Marco Island Everglades CVB Detailed Staff Reports P 9 Detailed Staff Reports 11 Task Report 16 of 47 Created - Between 1/17/2013 - 2/14/2013 Task Assigned User: Debi DeBenedetto Create Account Name Task Type Status Due Date Closed Date Closed by User Date Contact Name 1/17/2013 Debi's Activity Tracking Account General-TDC Meeting/ Closed 1/17/2013 1/17/2013 Debi DeBenedetto reports Debi DeBenedetto Staff meeting/TDC reoorts today-ad proofs-Sales marketing approvals today. 1/17/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Closed 1/17/2013 1/17/2013 Debi DeBenedetto Conference Debi DeBenedetto Huddle Appointments requested today 1/17/2013 Marco Island Marriott Beach Sales-Assisted Travel Closed 1/17/2013 1/17/2013 Debi DeBenedetto Resort,Golf Club&Spa Agent From:Pfeffer.Robert 1/17/2013 Naples Marco Island Everglades Sales-Meeting/Show/ Closed 1/17/2013 1/17/2013 Debi DeBenedetto CVB Conference Debi DeBenedetto From:Debi DeBenedetto 1/17/2013 Naples Marco Island Everglades Sales-Partner Contact Closed 1/17/2013 1/17/2013 Debi DeBenedetto CVB Debi DeBenedetto From.Ralph Pryor 1/17/2013 Naples Marco Island Everglades Sales-Assisted Mtg Open 3/4/2013 CVB Planner Debi DeBenedetto From:DeSenedettoDebi 1/17/2013 Waldorf Astoria Naples Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want ODD or maps for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want DOD or mays for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want COD or maps for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want von or maps for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want ovo or maps for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want DAD or maps for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto Task is assigned to multiple people Printed: 2/13/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 1 of 4 February 25,2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date CidsetiUate Closed by User Date Contact Name ask if they want not,or mans for attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi,DeBenedetto ask if they want non or macs far attendee welcome 1/17/2013 Debi's Itineraries Event Sales Task Closed 1/18/2013 1/18/2013 Debi DeBenedetto ask if they want ono or mans for attendee welcome 1/18/2013 Florida Gulf Coast University Sales-Partner Contact Closed 1/18/2013 2/7/2013 Debi DeBenedetto Jennifer McGurk set uo meeting for Tourism week brainstorming 217 1/18/2013 HelmsBriscoe/Caren Sales-site with client Closed 1/18/2013 2/4/2013 Debi DeBenedetto Caren Camp Plannino site for March 1/18/2013 LT Planning&Incentives Sales-site with client Closed 1/18/2013 2/4/2013 Debi DeBenedetto Barbara Prokopik Assisted client,set LID site.sent Rfo, Site date Jan 30 1/22/2013 Debi's Activity Tracking Account Sales-Send Promotional Closed 2/22/2013 2/13/2013 Debi DeBenedetto Item/Collateral Debi DeBenedetto Good afternoon and Haoov New Year!/hooe 2013 is off to a oreat start.l iust wanted to see if we were all set to have some sort of Naples brochure 1/29/2013 Debrs Activity Tracking Account Sales-Send Promotional Closed 1/29/2013 1/29/2013 Jennifer Leslie Item/Collateral Debi DeBenedetto sent 40-50 visitor ouides to Bob Combs w/AAA Ohio Auto Club 1/30/2013 Jan Lovett Tours Sales-Assisted Travel Closed 1/30/2013 1/30/2013 Debi DeBenedetto Agent Jan Lovett Assisted TA 1/2 hour on phone for oroun motorcoach tour to area-sent collateral. 1/30/2013 Naples Marco Island Everglades Sales-Fam Itinerary Closed 1/30/2013 1/30/2013 Debi DeBenedetto CVB Debi DeBenedetto From:Robes,Bobby R.(COC/O/D/NCEZ/D)fCTR) 1/30/2013 Naples Marco Island Everglades Sales-Fam Itinerary Closed 1/30/2013 2/4/2013 Debi DeBenedetto CVB From.Wimmer.Melanie 1/30/2013 Maxvantage Meetings USA Sales-Fam Itinerary Closed 1/30/2013 1/30/2013 Debi DeBenedetto From:Gidoe.Lynda 1/30/2013 Naples Marco Island Everglades Sales-Fam Itinerary Closed 1/30/2013 1/30/2013 Debi DeBenedetto CVB From:Mendee Rock 1/30/2013 Naples Marco Island Everglades Sales-Assisted Travel Closed 1/30/2013 1/30/2013 Debi DeBenedetto CVB Agent Debi DeBenedetto From BCombsOaaaohio,cam 1/31/2013 FSA Management Group Sales-sent rfp to partner Closed 1/31/2013 1/31/2013 Debi DeBenedetto David Minks Task is assigned to multiple people Printed: 2/13/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 2 of 4 February 25,2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date C1eseti1ate Closed by User Date Contact Name sent nb-repeat client 2/1/2013 Debi's Activity Tracking Account Sales-'Partner Contact Closed 2/1/2013 2/1/2013 Debi DeBenedetto From DeSenedettoDebl 2/4/2013 TLC Travel Expert Services Sales-Assisted Travel Closed 2/4/2013 2/4/2013 Debi DeBenedetto Agent Tina Claudino helped with orouo inouirev sent Rfo to hotels 2/4/2013 Waldorf Astoria Naples Sales-RFP follow up Open 4/15/2013 Laura Walker get service estimate from Laura-new form 2/4/2013 HelmsBriscoe/V.Corder Sales-sent rfp to partner Closed 2/4/2013 2/4/2013 Debi DeBenedetto Vickie Corder From.Cvent Sunnlier Network Notifications 2/5/2013 Council of State Chambers Sales-RFP follow up Closed 2/5/2013 2/5/2013 Debi DeBenedetto From:Kris Rush 2/8/2013 Old Marco Lodge Crab house Sales-Partner Contact Open 2/8/2013 Michelle Balante Arranoe DMAI event offsite dinner with events 2/8/2013 Naples Marco Island Everglades Sales-Assisted Travel Closed 2/8/2013 2/8/2013 Debi DeBenedetto CVB Agent 2/13/2013 Awards and Recognition Sales-Assisted Mtg Closed 2/13/2013 2/13/2013 Debi DeBenedetto Association Planner Kelly Rostine assisted planner and sent out Rfo 2/13/2013 Debi's Activity Tracking Account Sales-Sales Mission Closed 2/13/2013 2/13/2013 Debi DeBenedetto Debi DeBenedetto Atlanta Sales mission events secured and event complete. Invitation goes out this week. Bic oroiect. 2 Gookino schools lunch and Dinner 2/13/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Open 2/13/2013 Conference Debi DeBenedetto DMAI sponsorship event dinner planned. Unique and memorable event nlannino by Debi-fun oroiect.4/23 Goodland Olde Marco Lodoe with airboa 2/13/2013 Debi's Activity Tracking Account Event Sales Task Open 5/8/2013 Debi DeBenedetto prep nominations and chances for Tourism Awards event.staff meetinas on the subject and changes made. Meetino with FGCU on how to Dull Tour 2/13/2013 Debi's Activity Tracking Account Sales-Register Trade Open 9/13/2013 show/event Debi DeBenedetto Reoistered and paperwork Meetinas Focus to attend Sept Sandestin 2/13/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Open 2/28/2013 Conference Debi DeBenedetto Ready and planned for Phillv Medical Meetings congress ore°complete 2/13/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Open 4/17/2013 Conference Debi DeBenedetto Task is assigned to multiple people Printed: 2/13/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 3 of 4 February 25,2013 Task Assigned User: Debi DeBenedetto Detailed Staff Reports 11 Create Account Name Task Type Status Due Date CkSbetleate Closed by User Date Contact Name Reoistered HB annual Conf ABC Orlando ore fam show 2/13/2013 Debi's Activity Tracking Account Sales-Register Trade Open 5/16/2013 show/event Debi DeBenedetto prep and moister for Sorinotinre show DC ore work done uodats etc. 2 partners attendino with CVB 2/13/2013 Debi's Activity Tracking Account General-Continuing Closed 2/13/2013 2/13/2013 Debi DeBenedetto Education Debi DeBenedetto HR county class 1 hour 2/13/2013 Debi's Activity Tracking Account Sales-Assisted Travel Closed 2/13/2013 2/13/2013 Debi DeBenedetto Agent Debi DeBenedetto Assist Tour operator with rates for site tour 2/13/2013 Debi's Activity Tracking Account Sales-Sales Mission Closed 2/13/2013 2/13/2013 Debi DeBenedetto Debi DeBenedetto Phllly Sales mission completed plans.invitation is out and RSVPs comino in. Bio oroiect! 2/13/2013 Debi's Activity Tracking Account Sales-Register Trade Closed 2/13/2013 2/13/2013 Debi DeBenedetto show/event Debi DeBenedetto Revised Trade show 2013 list and revised to fit budoet-reconcilfed payments/spend and o-rhrer hare. All uo to date. 2/13/2013 Debi's Activity Tracking Account Sales-Register Trade Open 8/10/2013 show/event Debi DeBenedetto Reoistered SMU Successful Meetinos University Auoust oaoeiwork complete 2/13/2013 Debi's Activity Tracking Account Sales-Assisted Travel Closed 2/11/2013 2/13/2013 Debi DeBenedetto Agent Debi DeBenedetto Assisted agent with vacation home rental 2/13/2013 Debi's Activity Tracking Account Sales-Meeting/Show/ Open 3/6/2013 Conference Debi DeBenedetto All set to attend Plan your meetings event Atlanta-trade show ready shin etc.done. 2/13/2013 Debi's Activity Tracking Account Sales-Fam Itinerary Open 4/20/2013 Debi DeBenedetto HelmsBriscoe post ABC fam April 20-22 planned and invites sent all events ready and excellent fam Planned for Naples-so far RSVP 28 oo Success 2/13/2013 Debts Activity Tracking Account General-Continuing Closed 2/14/2013 2/13/2013 Debi DeBenedetto Education Debi DeBenedetto HR class reauired 4 hours Total Tasks: 51 Task is assigned to multiple people Printed: 2/13/2013 Copyright©2004-2013 iDSS.All Rights Reserved. Page: 4 of 4 Florida's Paradise Coast -. • S 1 cl„ I tAt%1‘,•4 L) (-,) N 41 II11\ ) /\'I . itk H . I *1-*•*-14),,- ' - ' '4,e;;440;14,0e. •••, „ A e E.Per:44' 4'441 1r," .--"04;*41;4401#1) '41p4:711tiA, 4t4r oin us for lunch or dinner at these fun, interactive cooking events. Your'reasurpeatroadleisae cornaafset.w new cooking tips — and tips on hosting an unforgettable meeting on Florida's From world-class properties, to inspiring venues, to irresistible incentives, this is a taste of paradise you don't want to miss. Simply choose the event you'd liketo5a2- 8 attend below and RSVP by noon on March 4th to JenniferLeslie(Cocolliergovsnet or 239-2 Lunch with Paradise Dinner with Paradise at Sur La Table at Viking Cooking School 3500 Peachtree Road at Phipps Plaza 1745 Peachtree St NE A Atlanta, GA 30326 Atlanta, GA 30309 ( (404) 973-3375 (239) 572-1072 llam to 2pm 6pm to 9pm NAPLES - MARCO ISLAND EVERGLADES REFINE[) ANfl 11 _:)111N[ 1:, t rpq, com http://email.paradiseadv.com/t/r-F48A493872864866(1 of 2) [2/20/2013 1:00:30 PM] _, .. • Florida's Paradise Coast ) I i 1.1!, [. \,,, L., , ,.., , [ ) I I 1 /\ l'i 1 k.- ' ' - ' ' ', 1'''' ' 11 ,,, a '\a,) — - N/ f L Li; .1?„' Li i''„, I 1 -- W L. --1 -) N 1: -''''''' I-)'A''' ; ' 7: , 0 , 1„....'..,-.''...,:zii 'k*,:'• ,-..,,, ,,,„- , ,,, , * ,,,,, ,, ,,, ,., ,,-„,,,,- I',41"''- -- °‘?.,.. .?•-'-oi,,, .,:;,%,',,,,,,,,,',.-,‘Kg,,,,,, - , - -' - - * . .”"r*'''''''''„.1 :le .r.. ".'. '',,,,„ 1' '':,..6,,,,,, (/',,,:;4( A ....-4,-"•''''":777:- 7''. ' ' ''' ' '1,.,,A.Ztrt''. ''' • ...;,,,',..e. ,„.„,„ ,„„‘„1„,„,,_..4,- ..,, , ' , . . tible incentives,' es this oin us for lunch or dinner and learn 'more. about holding your next meeting Florida's Paradise Coast. From world-class properties, tsoiminpslpyircinhgoovseentues, miss. mirereestiisng on is a taste of paradise you don't want to the event you'd lik5e3to0. attend below and RSVP by February 25th to JenniferLeslie@collierg°v.ne a t. or 239-252-5380. 8 Lunch with Paradise Dinner Continental at Morimoto ttinenItaal 723 Chestnut Street Philadelphia,18 O 1 Chestnut pA Street 3 Philadelphia, PA 19106 (215) 413-9070 (215) 567-1800 Noon — meet and greet 5:45pm to 9pm — d (three courses with three 12:15pm to 2pm - lunch and cocktails will b e served. (three courses with three selections) http://email.paradiseadv.com/t/r-DE898621E9D89F70(1 of 2) [2/20/2013 12:59:36 PM] Florida's Paradise Coast • We look forward to meeting you in person as we visit Philadelphia for thc: Meetings Global World Congress at the Sonesta. If you're coming from the Sonesta, you can take a cab from 18th St. and Market St; Morimoto is near 8th St. and Chestnut; Continental is at 2nd St. and Market St. NArLES MARCO ISLAND FVTRGLADE S IARALVA REF AND t".11,idrwl 0$. This email was sent to [email address suppressed]. If you are no longer interested you can unsubscribe instantly. http://email.paradiseadv.com/t/r-DE898621E9D89F70(2 of 2) [2/20/2013 12:59:36 PM] February 25,2013 Detailed Staff Reports 11 23 of 47 IA Naples Marco Island Everglades Doug Ruchefsky/Terence Gallagher JoNell Modys/Angela Aline Lou Hammond&Associates Paradise Coast—Naples, Marco Island& Everglades 212-891-0244/212-891-0211 239-252-2425/239-252-6298 dougr(c�lhammond.com /terryci lhammond.com jonellmodvs(a�colliergov.net/angelaalinec colliergov.net PARADISE COAST TEMPTS NEW YORK, CHICAGO AND TORONTO COMMUTERS WITH NEW ADVERTISING CAMPAIGN NAPLES, FLA., February 11, 2013— Florida's Paradise Coast— Naples, Marco Island and the western portion of the Everglades—continues to roll out its 2013 seasonal travel advertising campaign in Chicago and New York as the cities experience winter weather and cold temperatures. The"Paradise Refined and Redefined" campaign is highlighted in Chicago by the strategic placement of digital billboards throughout the metro area showing a sun-kissed beach scene. The boards also feature a thermometer display providing the real-time temperature of the Paradise Coast. In New York, public transit passengers will be treated to images of white sand beaches and golfing as a contrast to their current winter conditions. The campaign will also include television, print and digital (including social media) components. More than $475,000 is dedicated to the winter advertising push, which aims to define the upscale allure of the destination and create a personal connection with residents in key markets including Chicago, New York and Toronto. The www.ParadiseRefined.com campaign webste moves the destination's message from a monologue to a dialogue and invites interested travelers to define what paradise means to them "By engaging commuters with our beautiful visuals and impactful messaging, we are able to vividly reinforce our brand in key markets such as Chicago and New York,"said Jack Wert, executive director of the Naples, Marco Island, Everglades Convention and Visitors Bureau. "This campaign offers Northeast and Midwest residents a brief escape to our warm and welcoming destination, and reminds travelers that the Paradise Coast is just a short flight away." The Naples, Marco Island, Everglades Convention and Visitors Bureau is the official destination marketing and management organization for Collier County, Fla., and is funded entirely by the Collier County tourist development tax. For more information about the Paradise Coast, visit www.ParadiseCoast.com or www.ParadiseRefined.com. Editor's Note:Advertising campaign visuals are available upon request. February 25,2013 Detailed Staff Reports 11 24 of 47 About Paradise Coast Whether travelers are looking for a romantic escape or family getaway, Florida's Paradise Coast— Naples, Marco Island and the western portion of the Everglades—has an array of vacation options year-round. With more than 30 miles of soft, white sand beaches, a thriving arts and culture scene, distinctive dining and the best of outdoor adventure, the Paradise Coast is truly a destination with it all. Located just two hours from Miami, four hours from Orlando and three hours from Tampa, the Paradise Coast is easily accessible from some of Florida's largest cities. Travelers outside of the Sunshine State can fly into Southwest Florida International Airport, which provides nonstop service to 45 destinations(40 domestic and five international) on 21 air carriers. For more information about the Paradise Coast, call 800-688-3600 or visit www.ParadiseCoast.com. Follow the destination on Twitter @ParadiseCoast and on Facebook at www.Facebook.com/TheParadiseCoast. For client press releases and downloadable photography, media may access www.louhammond.com. Media can also visit www.facebook.com/louhammondpr or follow on Twitter @LouHammondPR for the latest client news. ### �� ya February 25,2013 \< ironik� m � Detailed Staff Reports 11 ( oily L By JoNell Modys espite the nation's trepidation 2012 show an increasing interest in our fear of losing jobs is abating. He says, over the so-called fiscal cliff at area from both new and repeat visitors. "According to our survey results, people ., ,.r' year-end 2012 and Congressional More visitors equates to more spending really need to get away and have a change wrangling over the national debt, Collier at area businesses,more job opportunities of scenery, and have a vacation they feel County tourism leaders predict growth and greater economic stability." they are entitled to." in the area's tourism influenced economy According to Dr. Walter Klages of during the peak 2013 winter season for Research Data Services, Collier County's Florida's Paradise Coast. tourism research provider, "At this Area hotel and attraction managers are Tourism growth and the record-setting juncture, with season 2013 bookings reporting positive leisurs in bookings for fiscal year 2011-12 tourist tax collections going well beyond winter 2012, our both corporate and leisure business.Jenny Foeg were important factors in Collier County's model is forecasting the year to show a Naplen, sales and marketing director for recovering economy,which ranked as one 3.5 to 4%growth rate in visitors and a 5 Naples Princess Cruises says, "We are of the Naples Daily News'top five business to 5.5% increase in visitor expenditures, about 20/o year-to-date up in bookings over last year,which was our largest sales stories of 2102. Tourism visitation translating to very positive economic year in 18 years of being in business.Most numbers were up every month in 2012 impact for Collier County." of that business is corporate coming to compared to the same time periods in 2011. Klages predicts the continuing town from outside of Florida, It is great Collier County tourism executive director recovery is based upon a pent up demand to see the corporate business come back." Jack Wert said, "Visitation results from for travel and he notes that a pervasive X 1-{ S 1S . X11' FAR 'EAS Naples Marco Island oo ao Fivrrnlarle: 0" Milli 1 tt1ttl4 I.. =.I IA -,'dt E� I W .L S� L'u"ULL 5 MkLLSSLt" , 1IN!� tI 153J[ij, pi'vl'tit:1. i'1511 TIZr"tNQJILI Y 6-t SI !I;IEI)L:l?�i?�f r . . VISIT US ONLINE AT WWW.NAPLESCHAMBER.ORG I BUSINESS CURRENTS' I FEBRUARY 2013 11 February 25,2013 Mailed ed Staff Re ores 11 The uptick in corporate business is segments flowing into the spring months. the fact t o ii4e7y are developing a targeted echoed destination-wide. At the Hilton It is nice to see that with the improving advertising campaign for short stay Marco Island Beach Resort&Spa,General economy, business and social group visitors. Executive director Brian Holley Manager Mac Chaudry reports, "We are leaders are a little less shy about bringing said, "Awareness is still building for this seeing a significant increase in corporate their functions back to the area." three year old attraction and we are very business for first quarter 2013,mainly out Attractions are more dependent on area pleased to see that visitor satisfaction of the northeast market, and both leisure visitor trends for their forecasts,but still levels on travel sites such as TripAdvisor and convention pace is significantly ahead are optimistic about 2013. For instance, are very high." of last year." Naples Botanical Garden is projecting The new Jump On Express(JOE)free At Bellasera Hotel, general manager an increase of about 50/0 based upon its shuttle service between Mercato, Fifth Brian Schomacker reports,"We are seeing Zimsculpt exhibition of Zimbabwean Avenue and Third Street has proven to our reservations pacing higher across all stone sculptures through March 24, and be popular, despite issues about public stop locations within the city of Naples. `JOE SNOWSHOES TO NO SHOES from tourists and locals IN ONE C L I C K. alike, as it improves mobility and flexibility. Our European tourists ■ a will especially enjoy not having to navigate . unfamiliar streets," says . JOE president Shannon Livingston. .''. Capt. Chris A Desmond of the Dolphin 8 , Explorer cruise out f.,. ,P' , of Marco Island says - - that pacing is above last year, to the point that managers are :. considering increasing capacity. "Much of . our business is shaped = by visitor numbers to :, v . Collier County, and we definitely feel the effect �. F .. of where the convention _ and visitors bureau places its marketing w :. efforts.,, ,. Nationally,the news is also positive for travel - and tourism."The travel industry is a shining "" . ' star in the employment a recovery," said David Huether, senior vice w , : president of economics ,4Z,X -,.- _ MA.RCO.IS LAN D ' EVERGLADES 4_ ' . and research at the U.S. Travel Association. M:. is .^: -. FLOREDAs=. �. , , M, 3,. ,� �n Since the employment - r "' Al!, recovery began in early 2010,the travel industry Paradise ( � 'i .-. , ..0 OM r has added jobs at a 17 1 percent faster rate than the rest of the economy." 12 FEBRUARY 2013 I BUSINESS CURRENTS" I VISIT US ONLINE AT WWWNAPLESCHAMBER.ORG February 25, 2013 Brand new this winter season is Collier , ,;,.,, De tailedStaffReports 11 Destination marketing messages for Family Farms, which adds agritourism Input from area hotel and attraction 2013 take a decidedly upscale tone with to Collier County's mix of visitor-driven managers remains very positive and imaging and messaging conveying the attractions in ac definitive way. The businesses are ready to welcome more luxurious and relaxing aspects of the Barron Collier ompanies has invested guests this winter season with open arms. destination. The campaign enhances the in creating an organic farm adjacent to Any concerns about the economy for the destination's proven `Florida's Paradise the Ave Maria community that not only short-term do not seem to be affecting Coast' brand with the theme of'Paradise supplies fresh produce to local residents growth projections. Refined and Redefined,' utilizing and chefs, but that provides a positive "Somewhat ironically, the hype over evocativ, images and phrases that allow agriculturally themed experience for the financial impacts of the so-called fiscal the customer to place her or himself visitors. cliff and the debt ceiling,combined with within the message, with their own "We are your farmers," says Bob sadness over the tragedy in Newtown, personal definition of a vacation paradise. Newsome, agribusiness manager for the Connecticut,has had the effect of creating "This area benefits from having a Barron Collier Companies. "We have a lot an even greater desire for people to get relatively upscale customer base," says in the works and welcome both locals and away and spend time connecting with Klages, noting "there is elasticity with visitors to have access to fresh food and to family," said Klages. "Overall, economic this clientele, as they are less prone to visit with us on the farm." life is stabilizing for many and travel is economic influences." A fresh farm stand, U-Pick fields, high on people's list of desired activities in "The vacation and getaway market is farm tours and more are planned. Collier the coming year." increasingly driven by consumer reaction Family Farms is already working with "x to effective marketing messages, so it is area chefs on plans for farm to table JoNell Modys is the public relations and important to have some type of message experiences for groups,either at alternate communications manager for the Naples,Marco out there as much as budget allows,"Wert locations or on the farm. Island, Everglades Convention and Visitors said. "Television,digital and social media Chef Brian Roland recently left his bureau. She encourages everyone to visit www. platforms and print messages all showcase position as the celebrated executive paradisecoast.com to explore the possibilities experiences on our pristine beaches, chef of M Waterfront Grille to create a for enjoying yourself at area attractions, succulent dining, unique shopping and new company, Crave Culinaire. He is hotels, restaurants and tours, right in your own the wonders and adventures of the world- providing high-end culinary experiences backyard. famous Everglades." to both local and visiting social and A highlight of the winter 2013 corporate groups and says,"I'm energized campaign will be digital billboards in to be working with a local farm that the Chicago market displaying two caters to area chefs, as well as the public digital thermometer readouts — one for and visitors. I look forward to this the Chicago temperature and one for partnership, and I'll be bringing fresh our temperature — inviting viewers to seasonal ingredients to my menus." go from 0' to 80° (based on the actual The area visitors bureau is actively temperatures)In One Click,to drive them promoting the area as a culinary the ad campaign's website landing page. destination,and the fact that an area farm has public access should be a distinct positive with national food and travel Agritourism, as it is defined, involves media interested in both culinary and any agriculturally-based operation that agricultural-related tourism. brings visitors to a farm or ranch. Collier County has a rich agricultural history, but many of the farms in the Immokalee „, - area are large corporate entities that don't �" I ,, allow visitors. � Touring farms and learning about ., r l � ,..r , locally-sourced food is a growing international tourism trend. Collier County has in the past been handicapped . 1, ��� ! ' r by the fact that the many large farms in $j _ .t the Immokalee area do not permit public 2 "_ ; >, , � access,with the exception of the once-a - _ t year University of Florida/Collier County � s -. I' . , ,,<0,-1N, Extension annual farm tour, taking place , t this year March 20. I g 9 VISIT US ONLINE AT VVWVVNAPLESCHAMBER.ORG I BUSINESS CURRENTS" I FEBRUARY 201313 01/31/2013 February 25,2013 Detailed Staff Reports 11 28 of 47 Naples, Marco Island, Everglades CVB Call Summary by Toll Free Number For the month of January 2013 Toll Free Number #of Calls Minutes 800-2ESCAPE(800-237-2273) 19 70.87 PR-Editorial(800-688-3600) 57 181.43 Film Commission(800-349-5770) 0 0.00 International(239-225-1013) 7 34.12 Storm Information(800-785-8252) 0 0.00 Meeting Planner(800-830-1760) 0 0.00 Naples#1 (800-455-2604) 0 0.00 Travel Agent(888-409-1403) 1 1.42 Grand Total: 84 287.83 Phase V of Southwest Florida, Inc. Page 1 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 29 of 47 Naples, Marco Island, Everglades CVB Inquiry Summary by Purpose For the month of January 2013 Purpose Calls/Request Minutes Live Information 28 71.73 Special Fulfillment 60 15.75 Sports Council of Collier County Information 0 0.00 Guide Request 1,086 234.83 CVB Office Referral 2 4.83 Hang up 0 0.00 Wrong Number 0 0.00 Arts Culture&Heritage Guide 0 0.00 Bucket List 0 0.00 eNewsletter Signup 229 0.00 Meeting Planner 0 0.00 Storm Accommodations Info 0 0.00 Update Accommodations Info 0 0.00 Grand Total: 1,405 327.15 Phase V of Southwest Florida, Inc. Page 2 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 30 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Guide For the month of January 2013 Guide #of Requests Quantity Area Map 244 244 Rack Brochure(Portuguese) 8 8 Rack Brochure(Spanish) 2 2 Visitor's Guide(English) 1083 2237 Visitor's Guide(German) 7 7 Grand Total: 1344 2498 Unigue requests for guides: 1086 Phase V of Southwest Florida, Inc. Page 3 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 31 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Source For the month of January 2013 Current Year Last Year Source Month YTD %YTD Month YTD %YTD Leisure Markets 666 1,732 69.70% 25,227 4,483 76.76% Winter Northern Campaign 0 0 0.00% 114 1 0.02% Spring/Summer In-State Campaign 0 0 0.00% 208 18 0.31% Niche Markets 392 671 27.00% 20,490 957 16.39% Group Markets 0 0 0.00% 1 0 0.00% International Markets 0 0 0.00% 6 5 0.09% Miscellaneous 28 82 3.30% 1,152 376 6.44% Meeting Planners 0 0 0.00% 0 0 0.00% Grand Total: 1,086 2,485 47,198 5,840 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 4 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 32 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of January 2013 Media Month YTD %YTD Consumer Magazines AAA Florida TourBook 2009 Edition 0 0 0% Arthur Frommer's Budget Travel February 2009 0 0 0% Arthur Frommer's Budget Travel June 2011 0 0 0% Coastal Living(Added Value)April 2012 0 0 0% Coastal Living April 2012 0 0 0% Conde Nast Traveler February 2013 143 143 8% Florida Travel&Life May/June 2011 0 0 0% Florida Travel&Life May/June 2012 0 3 0% Midwest Living January/February 2010 0 0 0% Other/Unknown 11 21 1% Redbook Midwest October 2011 0 0 0% Southern Living January 2012 9 52 3% Consumer Magazines 163 219 Consumer Directories 2009 Official Florida Vacation Guide 0 0 0% 2010 Florida Insider Guide-Quick Check 0 0 0% 2010 Florida Insider Guide-Specific Target 0 0 0% 2010 Naples, Marco Island&the Everglades Visitors Guide 1 1 0% 2010 Visit Florida Magazine 1 2 0% 2010 Visit Florida Magazine-Quick Check 0 0 0% 2010 Visit Florida Magazine-Specific Target 0 0 0% 2011 Florida Insider Guide-Quick Check 1 3 0% 2011 Florida Insider Guide-Specific Target 1 1 0% 2011 Naples, Marco Island&the Everglades Visitors Guide 0 0 0% 2011 Visit Florida Magazine-Quick Check 0 0 0% Phase V of Southwest Florida, Inc. Page 5 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 33 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of January 2013 Media Month YTD %YTD Consumer Directories 2011 Visit Florida Magazine-Specific Target 0 0 0% 2012 Florida Insider Guide-Quick Check 8 15 1% 2012 Florida Insider Guide-Specific Target 1 9 1% 2012 Visit Florida Magazine-Quick Check 104 367 21% 2012 Visit Florida Magazine-Specific Target 41 186 11% Florida Insider Guide April-September 2011 0 0 0% Visit Florida Magazine December 2010-September 2011 0 0 0% Consumer Directories 158 584 Consumer E-Marketing DestinationBrochures.com 11 13 1% Other/Unknown 4 8 0% ParadiseCoast.com 329 878 51% Miles Media Imports 320 856 Phone 9 22 info @paradisecoast.com 0 0 Interactive Text Chat 0 0 ParadiseCoast.com/Getaway Summer TAF 0 28 2% ParadiseCoast.de 0 0 0% Visit USA-France 0 0 0% Visit USA-UK 0 0 0% VisitFlorida.com 0 1 0% Consumer E-Marketing 344 928 Consumer Newspaper Americas Best Vacations Southeast Spring 2012 0 0 0% Other/Unknown 1 1 0% Visit Florida In-State Insert April 2012 0 0 0% Visit Florida In-State Insert June 2012 0 0 0% Phase V of Southwest Florida, Inc. Page 6 of 20 01/31/2013 February 25, 2013 Detailed Staff Reports 11 34 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Leisure Markets For the month of January 2013 Media Month YTD %YTD Consumer Newspaper 1 1 Grand Total: 666 1,732 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 7 of 20 01/31/2013 February 25, 2013 Detailed Staff Reports 11 35 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Fall In-State Campaign For the month of January 2013 Media Month YTD %YTD Grand Total: *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 8 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 36 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Winter Northern Campaign For the month of January 2013 Media Month YTD %YTD Chicago Chicago Television Campaign January-March 2011 0 0 0% Chicago 0 0 Grand Total: 0 0 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 9 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 37 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Spring/Summer In-State Campaign For the month of January 2013 Media Month YTD %YTD Fort Myers/Naples Fort Myers/Naples PBS Spring/Summer 2010 0 0 0% Fort Myers/Naples 0 0 Geo-Targeted In-State Online TripAdvisor.com(Online Geo-Targeted)April-August 2011 0 0 0% Geo-Targeted In-State Online 0 0 Other/Unknown TV Campaign Other/Unknown 0 0 0% Other/Unknown TV Campaign 0 0 Grand Total: 0 0 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 10 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 38 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Niche Markets For the month of January 2013 Media Month YTD %YTD Niche Markets(Bridal/Honeymoon) Bridal Guide Added Value RSL July/August 2010 0 0 0% Bridal Guide Added Value RSL October/November 2010 0 0 0% Bridal Guide January/February 2011 0 0 0% Bridal Guide July/August 2011 0 2 0% Bridal Guide March 2011 0 0 0% Bridal Guide March/April 2013 133 133 20% Brides Florida April-September 2011 0 0 0% Destination Weddings&Honeymoons July/August 2012 0 0 0% Niche Markets(Bridal/Honeymoon) 133 135 Niche Markets(ECO) Audubon(Added Value)January/February 2013 211 211 31% Audubon (Added Value) November/December 2012 45 271 40% Audubon(Natural Wonders of Florida)March/April 2010 0 0 0% Audubon(Natural Wonders of Florida)March/April 2011 0 0 0% Audubon(Natural Wonders of Florida)March/April 2012 3 54 8% Audubon(Natural Wonders of Florida)November/December 2011 0 0 0% National Geographic Traveler May/June 2012 0 0 0% Niche Markets(ECO) 259 536 Niche Markets(Golf) Play Florida Golf 2012 0 0 0% Niche Markets(Golf) 0 0 Niche Markets(Senior) AAA Going Places July/August 2012 0 0 0% AAA Going Places North March/April 2012 0 0 0% AAA Going Places North May/June 2012 0 0 0% AAA Going Places South May/June 2010 0 0 0% Phase V of Southwest Florida, Inc. Page 11 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 39 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Niche Markets For the month of January 2013 Media Month YTD %YTD Niche Markets(Senior) AAA Going Places South May/June 2011 0 0 0% AARP-Southeast Region March/April 2011 0 0 0% AARP The Magazine April/May 2012 0 0 0% Niche Markets(Senior) 0 0 Grand Total: 392 671 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 12 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 40 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Group Markets For the month of January 2013 Media Month YTD %YTD Group Business-Association Meetings Professional Connect Meetings Magazine January 2012 0 0 0% Group Business-Association Meetings Professional 0 0 Group Business-Corporate Meetings Professional Collaborate Meetings Magazine February 2012 0 0 0% Group Business-Corporate Meetings Professional 0 0 Grand Total: 0 0 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 13 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 41 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by International Markets For the month of January 2013 Media Month YTD %YTD United Kingdom Travel Trade Gazette February 2011 0 0 0% United Kingdom 0 0 North America(Canada) Canadian Television(Weather Channel)January 2011 0 0 0% Canadian Weather January 2011 0 0 0% North America(Canada) 0 0 Germany FTI B2B Online August 2011 0 0 0% Germany 0 0 Grand Total: 0 0 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 14 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 42 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Miscellaneous For the month of January 2013 Media Month YTD %YTD CVB Office 5 11 13% Friend/Relative 2 9 11% Other/Unknown 19 59 72% TCTIA FAM October 2011 2 3 4% USV Product Show TA 2011 0 0 0% Grand Total: 28 82 *YTD= Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 15 of 20 01/31/2013 February 25, 2013 Detailed Staff Reports 11 43 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of January 2013 Current Year Last Year State Month YTD %YTD Month YTD %YTD Florida 93 275 12.14% 8,360 420 8.28% Illinois 76 161 7.11% 2,797 499 9.84% New York 85 160 7.06% 2,610 218 4.30% Ohio 74 153 6.75% 2,322 498 9.82% Pennsylvania 59 132 5.83% 2,204 254 5.01% Michigan 55 111 4.90% 2,355 383 7.55% New Jersey 37 79 3.49% 1,632 134 2.64% Minnesota 32 74 3.27% 1,080 175 3.45% North Carolina 25 74 3.27% 757 189 3.73% Wisconsin 36 74 3.27% 1,040 236 4.65% Virginia 28 71 3.13% 706 98 1.93% California 39 66 2.91% 1,092 91 1.79% Missouri 28 65 2.87% 1,183 84 1.66% Texas 31 61 2.69% 1,480 132 2.60% Georgia 23 59 2.60% 2,894 122 2.41% Massachusetts 25 58 2.56% 1,554 92 1.81% Indiana 18 56 2.47% 1,334 361 7.12% Tennessee 22 50 2.21% 622 92 1.81% Connecticut 17 47 2.08% 389 43 0.85% Maryland 20 40 1.77% 663 65 1.28% Colorado 14 39 1.72% 318 33 0.65% Kentucky 18 39 1.72% 423 76 1.50% Alabama 22 35 1.55% 373 56 1.10% Iowa 14 34 1.50% 521 134 2.64% Kansas 8 22 0.97% 208 19 0.37% South Carolina 12 22 0.97% 412 88 1.74% Oregon 12 20 0.88% 182 19 0.37% Arizona 10 17 0.75% 312 64 1.26% Mississippi 4 16 0.71% 173 14 0.28% Oklahoma 8 16 0.71% 224 22 0.43% Phase V of Southwest Florida, Inc. Page 16 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 44 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by State For the month of January 2013 Current Year Last Year State Month YTD %YTD Month YTD %YTD Louisiana 11 14 0.62% 344 29 0.57% Washington 9 14 0.62% 311 33 0.65% Arkansas 6 11 0.49% 233 49 0.97% West Virginia 6 10 0.44% 195 21 0.41% Montana 4 9 0.40% 47 2 0.04% Nebraska 2 9 0.40% 217 65 1.28% New Mexico 7 9 0.40% 85 10 0.20% Maine 3 8 0.35% 157 19 0.37% Nevada 4 8 0.35% 103 10 0.20% Delaware 6 7 0.31% 118 15 0.30% Idaho 6 7 0.31% 56 5 0.10% New Hampshire 3 7 0.31% 209 17 0.34% South Dakota 3 6 0.26% 70 18 0.36% Rhode Island 2 5 0.22% 114 14 0.28% North Dakota 2 4 0.18% 86 24 0.47% Puerto Rico 1 3 0.13% 52 2 0.04% Vermont 1 2 0.09% 55 5 010% Wyoming 1 2 0.09% 26 3 0.06% Alaska 0 1 0.04% 31 1 0.02% District of Columbia 1 1 0.04% 44 4 0.08% Hawaii 0 1 0.04% 28 3 0.06% Utah 0 1 0.04% 80 10 0.20% Armed Forces 0 0 0.00% 5 0 0.00% Guam 0 0 0.00% 0 0 0.00% Northern Mariana Islands 0 0 0.00% 1 0 0.00% Virgin Island 0 0 0.00% 2 0 0.00% Grand Total: 1,023 2,265 42,889 5,070 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 17 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 45 of 47 Naples, Marco Island, Everglades CVB Guide Request Summary by Country For the month of January 2013 Current Year Last Year Country, Month YTD %YTD Month YTD %YTD USA 1,023 2,265 91.15% 42,889 5,070 86.82% Canada 30 80 3.22% 347 94 1.61% No Address Given 5 38 1.53% 3,056 236 4.04% Brazil 4 30 1.21% 430 328 5.62% United Kingdom 6 25 1.01% 166 38 0.65% Germany 5 9 0.36% 26 11 0.19% France 1 8 0.32% 22 7 0.12% Netherlands 2 5 0.20% 26 8 0.14% Russia 2 4 0.16% 23 2 0.03% Algeria 0 2 0.08% 0 0 0.00% Argentina 0 2 0.08% 7 1 0.02% Belgium 2 2 0.08% 13 5 0.09% Ireland 0 2 0.08% 2 0 0.00% Italy 0 2 0.08% 25 10 0.17% Pakistan 0 2 0.08% 5 0 0.00% Chile 0 1 0.04% 1 0 0.00% Greece 1 1 0.04% 1 0 0.00% Hungary 1 1 0.04% 1 0 0.00% Indonesia 1 1 0.04% 7 2 0.03% Mexico 1 1 0.04% 4 0 0.00% Poland 0 1 0.04% 4 2 0.03% Portugal 1 1 0.04% 37 13 0.22% Sweden 0 1 0.04% 7 3 0.05% Ukraine 1 1 0.04% 6 1 0.02% Bahamas 0 0 0.00% 1 1 0.02% Colombia 0 0 0.00% 1 1 0.02% Cuba 0 0 0.00% 3 1 0.02% Denmark 0 0 0.00% 5 2 0.03% India 0 0 0.00% 19 2 0.03% Spain 0 0 0.00% 3 1 0.02% Uruguay 0 0 0.00% 1 1 0.02% Phase V of Southwest Florida, Inc. Page 18 of 20 01/31/2013 February 25,2013 Grand Total: 1,086 2,485 47,198Detailec5 Reports 11 46 of 47 *YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 19 of 20 01/31/2013 February 25,2013 Detailed Staff Reports 11 47 of 47 Naples, Marco Island, Everglades CVB Special Fulfillment Requests by Category For the month of January 2013 Media Month YTD %YTD Consumer Shows Post Show Follow Up NY Times Travel Show June 2012 0 0 0% Consumer Shows 0 0 0% Meeting Planners Market Group Fulfillment 0 0 0% CVB Meeting Planner newsletter 0 0 0% GAP 1 2 2% Meeting Planner Kit Fulfillment 7 18 22% Meeting Planner Non-Kit Fulfillment 0 2 2% Post Show Followup Chicago Holiday Showcase 2012 0 48 58% Florida Huddle February 2012 0 0 0% Meeting Planners 8 70 84% Promotions PPD 2011 2 6 7% PPG 2011 0 1 1% PPP 2011 0 0 0% Promotions 2 7 8% Tour Operators Other/Unknown 0 0 0% Tour Operators 0 0 0% Travel Agents Other/Unknown 6 6 7% Travel Agents 6 6 7% Grand Total: 16 83 YTD=Fiscal Year to Date Phase V of Southwest Florida, Inc. Page 20 of 20