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CAC Agenda 02/14/2013 COASTAL ADVISORY COMMITTEE Agenda February 14 , 2013 COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, FEBRUARY 14, 2013 - 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES •Sunshine Law on Agenda Questions •2013 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. December 13, 2012 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. Doctors Pass Physical Monitoring Services * Backup Material 2. Post-Tropical Storm Isaac Analysis of Collier County Beaches * Backup Material 3. South Marco Beach Erosion Control Structures Project * Backup Material * Backup Material - Bid No. 13-6011 4. South Marco Beach Sand Renourishment Project * Backup Material * Backup Material - Bid No. 13-6009 5. Peer Review for the CPE Volume Design for the 2013/14 Beach Renourishment Project * Backup Material 6. Award of Bid for Wiggins Pass * Backup Material - Bid No. 13-6039 7. Hideaway Beach Erosion Control Structure * Backup Material 8. Temporary Beach Restoration Easement Resolution (TBRE) * Backup Material 9. Wiggins Pass Peer Review 10. Wiggins Pass Peer Review Comments by CP&E IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location March 14, 2013 Government Center, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires,Jr.,Esq.,Chairman Coastal Advisory Committee Clam Bay Subcommittee FROM: Colleen M. Greene, Assistant County Attorne CAN?) DATE: March 18,2010 RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary,the answer is no. The Sunshine Law Manual(2009 Ed. Vol. 31)provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting;. if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus,the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February 1, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17, 2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin,Director, Coastal Zone Management Cote-r County Public Services Division Coastal Zone Management TO: CAC Board Members FROM: Gail Hambright,Accountant DATE: December 1, 2012 SUBJECT: 2013 CAC Scheduled Meetings Please mark your calendar for the following 2013 CAC scheduled meeting dates: January 10,2013 February 14, 2013 March 14, 2013 April 11, 2013 May 9, 2013 June 13,2013 July 11, 2013 August 8, 2013 September 12, 2013 October 10, 2013 November 14, 2013 December 12, 2013 All meetings will be held in the Board of County Commissioner's chambers,third floor,Collier County Government Center, 3299 Tamiami Trail East, Naples, unless otherwise noted. A public notice will be sent out before each meeting. pi r;'1 Color County Coastal Zone Management=3299 Tamiami Trail East,Suite 103•Naples,Florida 34112-5746=239-252.2966=FAX 239-252-2950 www.coltiergov.neticoastalzoneman ement CAC February 14,2013 VI-1 Approval of CAC Minutes 1 of 7 December 13, 2012 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 13, 2012 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Anthony Pires Linda Penniman Robert Raymond Joseph A. Moreland Victor Rios ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples 1 CAC February 14,2013 VI-1 Approval of CAC Minutes 2 of 7 December 13, 2012 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. I. Call to Order Chairman Sorey called the meeting to order at 1:02PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Chairman Sorey reported that Mr. Moity has resigned from the Coastal Advisory Committee and recognized his service to Collier County and its citizens. Changes and Approval of Agenda Mr. Pires moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 7—0. IV. Public Comments Bob Krasowski addressed the Committee expressing concern on the format of the minutes as they do not outline speaker's comments. V. Approval of CAC Minutes 1. November 8,2012 Mr. Rios moved to approve the minutes of the November 8,2012 meeting as presented. Second by Mr. Burke. Carried unanimously 7—0. VII. Staff Reports 1. Expanded Revenue Report—Gary McAlpin The Committee reviewed the "Collier County Tourist Tax Revenue FY 13 TDC Revenue Report" dated through November 30,2012. 2. New Artificial Dunes Gary McAlpin provided a December 4, 2012 NY Times article"Resisted for Blocking the View, Dunes Prove They Blunt Storms"for information purposes. VIII. New Business 1. Post-Tropical Storm Isaac Analysis-Atkins North American,Inc. * Proposal Gary McAlpin presented the Executive Summary"Recommendation to approve and authorize the expenditure of Tourist Development Category "A" Tax funds for Post- Tropical Storm Isaac Analysis of Collier County Beaches by Atkins North American, Inc. under contract No. 09-5262-CZ for a not-to-exceed time and material amount$77,327" dated December 13, 2012. He reported that the Tourist Development Council reviewed the item and recommended it be approved subject to review by the Coastal Advisory Committee. Subsequent to this,the proposed contract amount has been revised to $77,327. 2 CAC February 14,2013 VI-1 Approval of CAC Minutes 3 of 7 December 13, 2012 The Committee recommended the wording in the Executive Summary and any other necessary documents reflect the contract is a "lump sum amount." Mr. Rios moved to recommend the Board of County Commissioners approve expenditure of Tourist Development Category "A"Tax funds 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$77,327." Second by Mr. Burke. Mr.Pires voted"no." Mr. Pires expressed concern the documents identified the expenditure as "time and material"versus "lump sum amount"and on the methodology utilized to determine the costs involved with the proposed scope of work. 2. Marco South -Verbal Update * Schedule for Renourishment and Erosion Control Structures * Bid for Erosion Control Structure * Bids for Renourishment * FEMA Tropical Storm Debbie * Renourishment Quantities Gary McAlpin reported in relation to the project the bids are due back to the County on December 19, 2012 with the Board of County Commissioners expected to hear the item on February 12, 2013. He noted: • The project is based on a"6 year design"providing for approximately 77CY of sand. • The work is anticipated to begin at the beginning of April and be completed by the beginning of May at the latest. • Four bids were received for the construction of the proposed erosion control structures. • The source of the rock required to fabricate the structures is yet to be identified. • Staff will be submitting formal items to the Committee in January for their review. 3. Major Renourishment- Verbal Update *Recent BCC Direction * Peer Review Renourishment Quantities * Bidding Schedule * Permit Update Gary McAlpin reported that the Board of County Commissioners(BCC)approved the proposed "Peer Review"on December 12, 2012. The Board directed Staff to ascertain bids for the scope of work as both a dredge and truck haul project with the item scheduled for BCC in March or April of 2013. He also noted the Emergency Renourishment project is ongoing with completion expected by December 14— 19, 2012. 3 CAC February 14,2013 VI-1 Approval of CAC Minutes 4 of 7 December 13,2012 The Committee discussed the status of the City of Naples outfall pipes. 4. Update on December 11,2012 BCC Meeting The following was noted during a verbal update from Mr. McAlpin * 10M- Grant Application from the City of Marco Island/Hideaway Beach District Gary McAlpin provided a memorandum from Commissioner Tom Henning to County Manager Leo Ochs—Re: Reconsideration Hideaway dated November 14,2012. The BCC voted to reconsider the item. * lOR-Tourist Development Tax Gary McAlpin presented the Executive Summary "Direct the County Attorney to seek a Florida Attorney General Opinion regarding authorized uses of tourist development tax"dated December 13, 2012 for information purposes. The BCC directed County Staff to obtain an Attorney General Opinion regarding authorized uses of sand used in dredging events. * l0X-Clam Pass/Pelican Bay Services Division Gary McAlpin presented the Executive Summary"Recommendation that effective immediately, Clam Pass be considered part of the ongoing management responsibilities of the Pelican Bays Services Division ("PBSD') including but not limited to all monitoring components such as biological, tidal and hydrographic data collection, and inlet dredge permitting/construction; that PBSD, exclusively, shall make recommendations to the Board of County Commissioners as to when the inlet should be dredged, and make such other recommendations related to managing the unified Clam Bay System as it deems necessary; further, that Clam Pass, being an integral part of the Clam Bay System, is managed as such" for information purposes. The BCC approved the request for the Pelican Bay Services Division to assume the management of the Clam Bay System. The Committee requested Staff to review the Ordinance which outlines the powers and duties of the Coastal Advisory Committee to determine if any changes are necessary given this decision. * 10Y-Pelican Bay Municipal Service Taxing and Benefit Unit Gary McAlpin presented the Executive Summary "Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing and Benefit"for information purposes. * 10Z-RFP/General Beach Renourishment Construction Project Gary McAlpin presented the Executive Summary "Recommendation that the Board of County Commissioners direct staff to prepare RFPs for the Collier County General Beach Re-nourishment construction project to include pricing for sand in 50,000CY 4 CAC February 14,2013 VI-1 Approval of CAC Minutes 5 of 7 December 13, 2012 increments over 200,000CY up to 500,000CY,, to include pricing for both truck hauls and dredging, to include pricing for such re-nourishment activities outside of and within turtle nesting season, and to include that the offered prices will be fixed for a period of time at the expiration of which if construction has not commenced that the contract will lapse and be put back out to bid in the future; that staff further prepare an RFP for Fixed Term Coastal Engineering services to expand the number of firms available to provide such services to the county; that these RFPs shall be prepared and publicly advertised during the months of December and January, respectively"for information purposes. * 10AA-FEMA Beach Renourishment Gary McAlpin presented the Executive Summary"Recommendation that the County Attorney be directed to handle all aspects of the FEMA beach re-nourishment reimbursement dental and de-obligation appeals on behalf of Collier County; to direct that staff provide the County Attorney with all requested information, and to assist his office in any manner he deems necessary; further, that the County Attorney assess what civil and/or criminal liability the county may face if the final determination on appeal is that the county materially misrepresented to the federal government(by way of overstatement) what the storm related beach re-nourishment expenses were, and report back to the Board of County Commissioners" for information purposes. The BCC directed any work in relation to the issue be directed through the County Attorney's Office. * 10AC -Turrell Hall & Associates/Clam Bay System Gary McAlpin presented the Executive Summary "Recommendation to direct Turrell, Hall&Associates, Inc. to prepare a work order under Contract#10-5571 to update the existing Clam Bay Management Plan to ensure the preservation of the Clam Bay system and compliance with this preserve's Natural Resource Preservation Area ("NRPA") designation; and, to establish criteria as indicators for evaluation of dredging needs for the purpose of maintaining flushing for the environmental benefit of the Clam Bay system; to present such work order to the PBSD, the TDC, and the BCC at the first January, 2013 meeting of each of these respective boards"for information purposes. * 11E- Peer Review with Atkins North American Gary McAlpin presented the Executive Summary"Recommendation to approve and authorize the expenditure of Tourist Development Category "A"tax funds for a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc under Contract No. 09-5262-CZ for a lump sum amount of$33,365" for information purposes. The BCC approved the Contract. * 16A35-FEMA Law Associates 5 CAC February 14,2013 VI-1 Approval of CAC Minutes 6 of 7 December 13,2012 Gary McAlpin presented the Executive Summary "Recommendation to approve and authorize the Chairman to sign a Retention Agreement for legal services with FEMA Law Associates, PLLC pertaining to an appeal concerning the de-obligation of FEMA funds related to Hurricanes Katrina and Wilma with a request to open a Purchase Order in an amount not to exceed$20,000" for information purposes. The BCC approved the request. Speaker Marcia Cravens 5. Wiggins Pass-Update Gary McAlpin reported that the Subcommittee met on December 3,2012 at the Pelican Isle Yacht Club for the purposes of providing an update to Stakeholders. It is anticipated the BCC will hear an item requesting contract approval in February of 2013. 6. FEMA De-Obligation - Update Gary McAlpin reported that the process necessary to file an appeal with the Florida Department of Protection and subsequently FEMA for the de-obligation of funds in relation to Hurricane Wilma is ongoing. 7. Funding Formula for Beach Renourishment * 11C-Reallocation of Current TDC Funding Gary McAlpin presented the Executive Summary"Recommendation to provide direction relative to reallocation of existing Tourist Development Tax distributions to increase destination marketing efforts and the annual accumulation of reserves for major beach renourishment" for information purposes. The BCC postponed consideration of the item. * 11D-FY 12 Carry Forward up to$450,000 Gary McAlpin presented the Executive Summary "Recommendation to 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"for information purposes. IX. Old Business None X. Announcements 2013 CAC Meeting Schedule Gary McAlpin provided a memorandum from Gail Hambright,Accountant dated December 1, 2012-Subject: 2013 CAC Scheduled meetings for information purposes. Mr.Moity-Resignation Letter 6 CAC February 14,2013 VI-1 Approval of CAC Minutes 7 of 7 December 13,2012 Gary McAlpin provided a letter from Randy Moity directed to Councilman Joe Battie which announced Mr. Moity's resignation from the CAC. 11/15/12 Laplaya Letter from Ron Vuv,Vice-President Gary McAlpin provided a copy of a letter from to Commissioner Georgia Hiller dated November 15, 2012—Re: Director Gary McAlpin, Coastal Zone Management. CAC Marco Island - BCC Approval for Coastal Advisory Committee membership The BCC postponed a decision on the item. Speaker Marcia Cravens expressed concern the members of the Committee lack a technical background in Coastal Planning and Engineering or related environmental fields. XI. Committee Member Discussion Committee members noted, in order for a Committee or Board member to make informed decisions on items such as Staff or consultant recommendations,policy directives, budgetary expenditures, etc., it is not inherently necessary to hold an educational degree or have professionally worked in the specific field of expertise related to the item under consideration. The Committee expressed concern on the format of the minutes and authorized Chairman Sorey to contact the County Manager's Office regarding the issue. Speaker, Marcia Cravens expressed concern the internet link to the Agenda was"down"the day before the meeting. Staff reported the link was "down"due to technical difficulties and was"up"at approximately 8:00 am the morning of the meeting. XII. Next Meeting Date/Location January 10,2013—Government Center,Administration Bldg. F,3rd Floor There being no further business for the good of the County,the meeting was adjourned by order of the chair at 2:38 P.M. Collier County Coastal Advisory Committee John Sorey,III,Chairman These minutes approved by the Board/Committee on as presented or as amended 7 CAC February 14,2013 VII-1 Staff Reports 1 of 18 COLLIER COUNTY TOURIST TAX REVENUE FY 13 TDC Revenue Report 31-Jan-2013 Budget FY 13(5%) FY 13 Adopted Reserved by FY 13 Net Variance to FY 13 Description Fund Budget Law Budget _ FY 13 Forecast Budget Beach Facilities 183 2,368,600 (121,600) 2,247,000 2,368,600 0 TDC Promotion 184 3,588,800 (180,800) 3,408,000 3,588,800 0 Non-County Muse 193 342,000 (17,100) 324,900 342,000 0 TDCAdmin 194 1,667,700 (83,400) 1,584,300 1,667,700 0 Beach Renourishr 195 4,809,000 (297,900) 4,511,100 4,809,000 0 Promotion Disaste 196 0 - 0 0 0 County Museums 198 1,579,100 (79,100) 1,500,000 1,579,100 - Gross Budget $14,355,200 (779,900) $13,575,300 $14,355,200 SO Less 5%Rev Res (779,900) Net Budget 13,575,300 Collections %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% Na n/a n/a Mar 0 3,597,978 25.064% n/a n/a Na Apr 0 3,597,978 25.064% Na n/a n/a May 0 3,597,978 25.064% Na n/a Na June 0 3,597,978 25 064% Na n/a Na July 0 3,597,978 25.064% Na Na n/a Aug 0 3,597,978 25.064% Na Na Na Sept 0 3,597,978 25.064% n/a n/a n/a Total 3,597,978 3,597,978 7.39% 25.64% 28.74% Pr*c"ted ''! ,14.355,2M ;€ Bal to Collect 10,757,222 Budget Comparison 5 Yr Collect 5 Yr Collect Budgeted Actual Month over Month Fot*Cast Month History-Cum History-Monthly Collections Collections Variance CollaCtiOrts Oct 3.5% 3.5% 498,837 627561 129524 498,837 Nov 8.1% 47% 667594 734,419 66,425 667,994 Dec 14.0% 5.9% 847,404 959,221 111,817 847,404 Jan 22.34, 8.3% 1,189,853 1,276,477 86,624 1,189553 Feb 35.1% 12.6% 1,840,940 0 Na 1840;940 Mar 50.8% 15.7% 2,246,668 0 n/a 2,246568 Apr 69.1% 18.3% 2,624,759 0 n/a 2,824,759 May 792% 10.2% 1,457,116 0 Na 1,457,116 June 85.4% 6.1% 882,042 0 Na 882,042 July 90.3% 4.9% 708,949 0 Na 708549 Aug 955% 5.2% 752526 0 n/a 162,626 Sept 100.0% 4.4% 638,012 0 Na 638,012 Total 100.0% 1005% 14555,200 3,597,978 393,890 14,355,200 100.00% Tourist Tax Revenue Collection Curve $3.0 ._... ..._._. _.. .......... __ c 0 3$2.5 $2.0 ....... ....... ......... .......... .__._ a I m$1.5 .__. ...__ .......... ..._.._ ....._. -Budgeted s / ......-.Actual$1.0 $0.0 ! a t a L ` t 5 T X. . o z° o , LL 2 $ 2 -. 4' A, 2/1/20132'.19 PM H.\Revenue Repot3vtonthy Gas,Sales,and TDC Receipts.xis co 0 N N ' 0 O 10 ce 2 co +a LL'V)a0 U•-w Q= 0 C.)>N Cl) H Cr) H Cl) in Cl) CO VI ON V) H V) M V) 0 Cl) Cl) CO O r w 0) W N ,11 (; a a r F N H N E. nr E N E, L/) E:, r a) E E N O r-1 0 m O N O N 0 M 0 0 C O o 0 0 m H H H F E N F F F H E V. 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N n IN W Lrl n N n vii a s C O 00 ID pl W IO 01 in_0 Q 0 O N ti 0 0 N N N P M N V1 VI V1 V 1 n• — N 0 in UD O m N O uml IT O O n ry U IO pl O cc; N O N m ,lay G co co co N N N N N VI Z IA CW G a I e O1 ce m 00 IO 1p m 00 O N Ol aF N tp N N phi .N-I . a rNl. n vp a ti Q N lO up b Yal up Imp n M Z N VI V1 VI an N VI N a N CC N 00 m O1 n N N CI .n. v Imp• ID m m m N oi G m r Sm'1 3 �u ui • Q rq O V1 tall N N N V. N In N V1 CC 0 0 0 0 - m a 0 0 0 0 N 0 0 -� N N N N N N \ N Q uLi �p 0... .... O1 O ry O 00 O O O LL N N N N N N N N ~ CAC February 14,2012 VIII-1 New Business 1 of 2 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:Ther e is no impact to the Growth Management Plan related to this action. STAFF RECOMMENDATIONS: Staff recommends approval of this item. 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 item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG CAC February 14,2012 VIII-1 New Business 2 of 2 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 CAC February 14,2012 VIII-1•New Business 1 of 4 Doctors Pass 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 CAC February 14,2012 VIII-1*New Business 2 of 4 Doctors Pass 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 CAC February 14,2012 VIII-1•New Business 3 of 4 Doctors Pass 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. Ar 1/21/2013 Jeffrey • y ar Date Project i+ir: tor Atkins North America,Inc. 3 CAC February 14,2012 VIII-1*New Business 4 of 4 Doctors Pass Atkins PROJECT RCDGET k I Client (Collier County ply (Collier County Physical Monitonna Aoject.No: ( Collier County Post-Isaac Survey ----- -- laborUbsts i Task 1 Raw Mitiplied Iiiiiiillilitilillifittliligli mxutoring Total Labor Labor Rx5am1 won Rate Repots M nhoi s Cost C'rxt ptyect Mrs SS8,85 4 4 $225 $718 Seriar fi> ee $(Q.72 .1) 2;) $858 $2,618 piyac t Jj $35.5) 8 8 $284 $855 Bigreer BT M00 0 0 $D $D CADTedric n .`333[1(X) 2.4 24 $720 $2,196 Adair $IR'T) 2 2 $37 $114 7bfal Flouts i 58 58 111 thilii 1.1 1 1 If Rawls borOust iiiiiiiiiii 1 � � $2,135 1 ) 1 \/ ir f�. IM.1 1 Reinbuisable Miltipl ed Reinbuisatile(Isis TaskND.1 Casts Casts Trawl $D in $D Lodfing $D I $D $D MSC. $D $D $D Cectedncal Analysis $D $D $D Beath Soucy $15500D 1 $15,CCO $15,OOD Grachicskleciroclurtian 3 i $50D $500 7bfal Renrbusables $15,513 $15,50D $15500 7bhall Renrbusabies $15,50D 1 l ..,:. $15,5i) $15,5O0 Total Roject Budget $715,5110 1111 l(((11(j F1(111x({F I1111111111il Ifi lll IIIII $22012 4 CAC February 14,2013 VIII-2 New Business 1 of 1 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:Ther e is no impact to the Growth Management Plan related to this action. STAFF RECOMMENDATIONS: Staff recommends approval of this item. 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 CAC February 14,2013 VIII-2`New Business Attachment A 1 of 2 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 CAC February 14,2013 VIII-2*New Business Attachment A 2 of 2 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 l —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 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 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 1/23/13 Jeffr ' abar Date Pro'=ct director Atkins North America, Inc. 2 CAC February 14,2013 VIII-3 New Business 1 of 2 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:Ther e is no impact to the Growth Management Plan related to this action. CAC February 14,2013 VIII-3 New Business 2 of 2 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 CD CD Cr CID OD CD M y H 0 0 C O O c0 O 0 O o 0 O (C �: r) .. R g (0 O o •c'1 N O O• t - O 0 p 00 V) N N cn N N u) O h N.N 12 0....1 O Cr cp c0 Up Cr O N. OD Cr M m N N ) N Z a 1 N N m 0 170 J N0, r.oiOD , c; oo ,. o > } } } } } } , y N V t) N 00 N N N ~ V 0 -C 3 Q, V � 6q 69 69 6,IA 69 69 69 69 e' R m "--O 0 m J 61, a d Z w LL 4.- . M _ O Z O. oo00 � 000O � p U> — Q o 0 .- U•) O N OM) 0 0 N e5 cl N N N o o 0 N N N 0 �°r- oN � a0T- � 0 M } } } } Z } } } 11 2 U) O co t0 N. co O _N ti o to (a EN9 H N. 609 E 9 h co to-as _OD00p000 ►O0 e. L T (o.) Q 00 O 0 0 0 0 0 0 {^t) WWWW COMM N C J 0 N N M N 0 t` 0 p v cQo, } } } } Z >. } } m C N0069 _Nc,.) c0 p. O U ;.V V. 49 69 69 EA 69U, 69 H.y. as Y .0 0 0 0 o 0 0 0 0 0 0 Q O cv ,;, 0000 •. 0000 0 p• 3 V O 0000 0 N 0 N. 0 CD 0 d' N. N N U) N V) U) N N `p 'RO ■43 = O (O O N M O O } } } } } } } } a. cC/) M cn 0 st v Up O T N IP N 0 0 69 69 69 yg 69 69 69 V9 g N C LL V t) O O O O O 00 ctoo '' `- OO in O C O O C J H- H fn 1- J J F- >•• F- O w 0 co o) O Z C O O Z 'C C C C in m N O C- O C O N w f0 .2+ t6 O C CO y O `O .O. > .0.. .. N _ c0 R OW Q m N 0 ZZ6-° O) N 2 W m .. o o a6 O C O CO C C C ca w Z N C C E i3 N y (n o O C o : O N O o C Y 0 O Q O O g C (n •O (n } y N y co .4 m Y `O o =o o N E C 0Z" — • d ` N N t,Z .. • N a � o LcQQ Q k' n� .. � a = s2 U CO_ N C o « 1.' y Q y c0 U O .0 N p M � N ` a y y 0 O C C C co L.. ' V _ O) o C y cu + CD N.olca3 m a) w � a0 1- mJ (o1- J W g- ao O ? N N N C) tZ o O E N M v 0 CD r` CO CO CDCD 3' Z CAC February 14,2013 VIII-3*New Business Attachment B 1 of 97 Acirrlinist�Services EliUislon purchasing 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 • • RidrsYq Daped nad•3327 Taniaml Trail East•Naples,Florida 34112-4901•woccolterga.netlpurchesi g 1 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 2 of 97 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 Y0 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 CAC February 14,2013 VIII-3*New Business Attachment B 3 of 97 A�Irihi�aifiuer Sevicc�s t Punctuaing 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.collieroov.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 CAC February 14,2013 VIII-3*New Business Attachment B 4 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 5 of 97 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, property 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 CAC February 14,2013 VIII-3*New Business Attachment B 6 of 97 - 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 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:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 7 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 8ot97 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. B Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 9 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 10 of 97 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.colliegov.net/Index.aspx?pace=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 CAC February 14,2013 VIII-3*New Business Attachment B 11 of 97 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 internal 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 08/1512012 CAC February 14,2013 VIII-3*New Business Attachment B 12 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 13 of 97 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 closine 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 A CAC February 14,2013 VIII-3•New Business Attachment B 14 of 97 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Erosion Control Structures for South Marco Beach BID NO. 13-6011 Full Name of Bidder Fr~of " .A... .!..f9SSgc.__ CaNSravg,t"ro+rrZNC Main Business Address .C7: 'ben a� _ __. I ATLACHk, -r Place of Business_', 71 1 vc—5014 _._C.700,c, ST TAt cs_ Cxri FL:b1951 Telephone No. . 1- 33:b _!l.. .g.._ Fax No. ab i_ `aZ -�\II State Contractor's License# C .= t.311 State of Florida Certificate of Authority Document Number l{,'_; Federal Tax Identification Number (cs't •Oo9a.-- 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. 1a Construction Services Agreement.Revised 05/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 15 of 97 BID SCHEDULE Erosion Control Structures for South Marco Beach Bid No. 13-6011 Florida Number Description Unit Qty co MA,_,- onstruetion,`. Inc' 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 CAC February 14,2013 VIII-3*New Business Attachment B 16 of 97 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: LoR='aA I 1AR=NE CoNbrRVCTION -Z1I/C Si g nature:_ Va.4 Date: ‘2-10'1 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 5. Please insert additional pages as necessary. Company: Signature: Date: 16 Construction Services Agreement'Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 17 of 97 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 i 2. Mechanical 37 Plumbing I "` 4. Site Work ^-�—'-- i 5. Identify other subcontractors that goof =Ai-swum CNArcar -Tharspow? represent more than 10101 IM At.1..o R y iKw Y 1" 10% of price or that Si J Ahc s C ZT v, l- affect the critical path 1 of the schedule 339*SC 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 criticalpath 17 Construction Services Agreement:Revised 08116/2012 CAC February 14,2013 VIII-3"New Business Attachment B 18 of 97 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 I 10% of price or that } affect the critical path of the schedule _ ! 10. Identify other Y I subcontractors that represent more than 10% of price or that affect the critical path �--^ L of the schedule ! J Company: FLO IQ TEA MAaNc COW 5TRUCT."ON,-NC Signature: Date: Pa'to) 18 Construction Services Agreement Revised 08115/2012 CAC February 14,2013 VIII-3*New Business Attachment B 19of97 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. , kEE6.1b_N'DT ►) 1 . 61207 C MOBA e►ut�tca ASST A :tuts F1. acrT eget as1•.5 .Sow %1 �TiQsm Taws N 9411 t5 r�t►� 14RA M z Aw �- C Rorw e4 e II Vi N I N ea a Ne o F L lberr? Moo;et Z 3, 1 _ ;,56 .'7 SY AANV 76LVa Al Aft" i[o 4LcLR ."1'• CRozN Rif.+=srou Nop,oe N!►P�cs 1=1, hell Modku 8''aq• ' y•d0� 4. t(,-/q Swum, %t,V) NAP 5V LLC$, ' .,2$4��. %u.AT'STOP t_ _ N s FL Br<t.7 Atop"c 9 - y . oar 0079 1,7#Q v 1�'•Lcs 5, 5_ f Csa J c LA_ aAuZATSdM 1.4.05 N■JgLtoAl s i1 S C A'pTt'V A F L /�11so�s�41C C tSTCR `l,, a8y•334.4" 6. 'r. ItAS Company: TLO AMA A M A Q? t CQIJST av e-r rap, TNe Signature: e�,,�...� � Date: 14D. l b ID 19 Construction Services Agreement Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 20 of 97 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) (Quanti Cost Cost (LE5Y) 1. 1 V am. � 1\1 N 2. 3. 4, 5. TOTAL $ _ Failure to complete the above may result in the Bid being declared non-responsive. y� M n Company:1 LO R 21A t i A�t=Nf CO 04571:201. 1V, �jVC Signature: . ,,�� ;,. Date: , d,1 b t t fir • 20 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 21 of 97 Co .er County •arnrts?rem S‘sr•,r"F -..N;x 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 Affidavit and acceptable evidenceof.enrollment in the E-Verity Pr am,maxdeem thelendor I 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 Vendors/Bidder's proposal. Company Name cLOR="aA MAR=NC COW STkue,Tsov4 ZNC Print Name C,I,,i A QL3,£ C Aa c.xA Title 6""Ntillirbt u T Signature e-90,..3---1- a......__. Date l; • 10• 1; State of F'1.ee.T'>DA County of Lee •The foregoi , instrument =s signed and acknowledged before me this �O day of M CCCNIW , 20 (2, by _ , - , , (print or type name)who has produced 'f� I / type of identification and number)as identification. Not a ry Public Signature `��`` �GIA SEZA,b, 41 Illy S r.lF• '` RR y4••�99�_ Printed Name of Notary P blic ?*::*ter �' 1d'?o'er , Irt1'7 =1 MAN 1` poly il: :*_ r Notary Commission Nu er/Expiration � � �� 4f STATE Ofd�`-,� The signee of this Affidavit guarantees,as evidenced by the swom affidavit requttetirHerem,the truth and accuracy of this affidavit to interrogatories hereinafter made. 22 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 22 of 97 Get'County ;x,nw ,:tai: 'Sew :snn 'vT'.liil �y 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) Taxpayer Name Le t,*bA R*11/E` p gtQV C T?Dr✓ �`iuZ' (as shown on income tax return) Business Name (if differenemmAaxpeor named,L`s Address U• DDo/ 6/ City Ptk AI LAC oh, State FL Q • Zip u 79 /3 Telephone a' t•ris3•r]" FAX 0� ,�l •p•�'3.Q1Ii? Email C11/ALM a FLMAQsA►t n2a:7 � Order Information Remit f Payment Information Address SAME Address All F City State Zip City State Zip FAX I FAX Email Email 2. Company Status(check only one)•. _,_Individual/Sole Proprietor Corporation I Partnership Tax Exempt(Federal income tax-exempt entity ) .._ limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) I Enter the tax classification LO=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) [Federal Tax Identification Number(TIN) • () � I (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.) _I 4. Sign and Date Form Certification:Under penalties of pequry, I certify that the information shown on this form is correct to my knowledge. iSignature . 1 pate ta•i0•ID IF Title I1.C$1-15ta1T Phone Number opl•Ol33 4791 23 Construction Services Agreement:Revised 08!15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 23 of 97 BID BOND KNOW ALL MEN BY THESE PRESENTS. that we Florida Marine Construction,Inc. (herein after called the Principal) and Merchants Bonding Company(Mutual) (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 of Florida are held and and..._.__ firmly bound unto the Board of County Commissioners of Collier County,Tionila (hereinafter called the Owner). in the full and just sum Five Percent of Amount Bid _ dollar: (S 5% _ ) good and lawful money of the United States of America. to be paid upon demand of the Owner. to which payment well and truly to be made. the Principal and the Surety hind themselves, their heirs and executors administrators and as'si ns loint!y and severally and firmly by these presents. Whereas. the Principal is about to submit, or has submitted to the Owner a Biz 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 shall 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 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 with 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 give such bald,` or bonds and delver to Owner the required certificates of insurance. if the PRINCIPAL shail pay to the OBloGEE the fixed sum of S .gi n� "o s } noted above as liquidated damages and not as a penalty, as provided in the Bidding Documents then this obilgalon shall be null aro void otherwise to remain in full force arc effect. IN TESTIMONY Thereof. the Principal and Surety have caused these presents to be duly signed and sealed this 26th day of November , 20 12 Florida Marine Construction,Inc. Pri�4,i�i�I Br ..�. {bear) Merchants Bonding Company(Mutual) r ARa'eu L Licensed Agent Se`tl' COI,, ersigned N/A }f .i.f CAC February 14,2013 V111-3"New Business Attachment B 24 of 97 Local Resident Producing Agent for N/A .:.ye•aino:■■•,! ;.:r;12 CAC February 14,2013 VIII-3•New Business Attachment B 25 of 97 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL).a corporation duly 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 lows.haft)made, constituted and appointed,and does by these presents make,constitute and appoint Kevin Wojtowicz.Glenn Ar anitis,John R.Neu of St.Petersburg and State of Florida 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(53,000,000.00)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 aumonzing the execution and delivery of any 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. �p�• �1Mrs•CO' , MF.RCHANTS BONDING COMPANY(MUTUAL.) . •oikPOR y• • •y▪ v 1933 '• By• STATE OF IOWA • • {t \• 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 Seel 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,the day and year first above written, CINDY SMYTH d[,�jig% Commission Number 173604 ;/ MyMarch�mi1sio20Expires V 2 Notary Pubtic.Pak County.Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wiliam 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 said MERCHANTS BONDING COMPANY(MUTUAL).whim 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 APq ''9 • ;ZL �v',G�a��,r+.r.•/ Ys'le�e«I fill . •Wiz: d• 1933 ;C Secretary . •. •Q:• POA 0001 (1/09) • ......'\1�,• CAC February 14,2013 VIII-3"New Business Attachment B 26 of 97 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_S ubmitted: State of FLo_ia334A..._..... County of Lc I= 1u C}41.QL:rr {, Aac.TA 'I Loa_=ep hxerpc.. Corarau-,. .+ 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 C. make them. M n C HAa1. 1. eae:e /F. rDa 1 kiftn►c CopSTQucrro� 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 0811 5/201 2 CAC February 14,2013 VIII-3*New Business Attachment B 27 of 97 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Pt.,"a s'DA which operates under the legal name of Fa.oa:aa MAMrwc Co y w4 •-tTou "TAW , and the full names of its officers are as follows: President. C i,±sp _ (,AQ CTS Secretary_ CpA4L GAacTA Treasurer Cupalst . Manager.__CNAa>rrt.._.. �aAQCIA The —Pet•bxz1: is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken - ' -• •pyo 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 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 28 of 97 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED sZ''....10' la.. _ .._ . i .__ _...-... .._ __. legal entity Wit�,ess ___. �..ld.ls44TG .._ 4AS�±>•.. ..flo�►'*1e _�ARZNc 1 Name of Bidder ( ed) C,p snovrrd+'-4 Witness Signature ?SkST_TotAir Title i STATE OF _ r1,017..'D■ .. COUNTY OF Lcc The foregoing. instrument was acknowledged before me this at day of IECtMpt4, 20 IQ, by CW49L7C G kRau , as Q EST-pea" of • . . u _: _ a F Le+oslA corporation, on behalf of the corporation. He/she is personally ' :wn to me or has produced (did no t}tike an o _ as identification and did My Commission Expires:/4A,, , o r1� ( *!nature of Notary) NAME: ..A_.. .kP! _RAY___ . \\otkillifilo, (Legibly Printed) �.� tj0PSELF•pFiii, =0..Q 9,__sstoN. 9'91'x'' (AFFIXtFF T t L' .��t)' Notary Public, State of f t!gRzlo4 Commission No.: 2).91 L - *00 977221 ;o i '. monde!t�`� �O,` 28 Construction Services Agreement:Revised 08/16/2012 CAC February 14,2013 VIII-3*New Business Attachment B 29 of 97 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. (a t..) lz -v RcP STRJCTORES Fool- ARMOa %TO/+C to Weeks 't0 = ■ ■TAk . PA1bkrc STOHC B. What is the estimated duration of the Work in days and months? NuTre.713ATC ^Y RO1'cc.-r Pe TAKC , opt) "PANS (.L1 M oLITNs' ro Cam- N S *. PitorcCT L.00A crop, N Cu t.f" of Mtvreo M I, re VCA,TwSA 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? 35O LC KoBtLCO C• CAVATOR 'D'O(5 LC kobtLc0 Low(, Ty 4C.% £-sevbsooa ki TON 1.<0 esAJ, CRANE Sol IC£R£ Favor Cum LaaD[o 30 Froo r x $Q ROOT JreCL Aa�c A►» 7;4, D. List key personnel Bidder proposes to use on this Project including their qualifications and prior experience. �ozNC' -ThOo% - 170 In , 1� NICA,e CM?LONtc ?CRaoerc.1) 2NSTA Lk.ATroAl eu 'PAS" 1RCAic4)4Tca/T WorN 51.4QC- et, • Ya,t CLCmcPr FoRLMAN , 'J vt111:. ?CA Coer+C-D $NS""Ait.At.coo Ow 1 tAkALTCR, TCTTrda AYD 43 RORCL3Nfs BS-2 CAC February 14,2013 VIII-3'New Business Attachment B 30 of 97 I E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. .15T(.. C k 12 1.4% .--PASs 1,Q7114,C Ov4 $3`0 000. LE$ Cou�vrY Q L-D NA.PLt1 5tA"POQ,r, s l,Wrj 000 i ULD N APLtS St,.P0 geT 1 rot/RILL t4 ALA,Aas COL OP Y Ls11TS 1 $ 739,00o, R Uoarom mhos \431.150,v As F. Will you sublet any part of this Work?If so.give details. Nor worzit , 14\A1fRrAA, %WAL.L. '6E. TR41"-PagTtD 3I . 7,r)ePtp-D ENT TRU CU.S,v` CatPAAnt G. What is the last Project of this nature that you have completed? t"'�E£t,rAv1 A, �SI-AW-a I - (Qor,u Q TUATAKWAT4'At OwuCa - Cold TTNEIJTAL CoP1TRUar'xO,v eN car ontra - µuArsrev >; Moo az H. Have you ever failed to complete Work awarded to you: If so, where and why? N0 1, Name three individuals or corporations for which you have performed similar Work and their contact information as references. �RtxRt."ATER ‘ T- C,Roso -Norte-Ts IAuv.rj.r a oM ova£ • 'i•59?.30at CsQOrN 1 C.o&s, L 7,, meet Ls,fvE�ROTteT �'O,d (AANS 'NTLsou °ASR o7 -3-m•L : BS-_, CAC February 14,2013 VIII-3*New Business Attachment B 31 of 97 The undersigned guarantees the truth and accuracy of all statements and answers made herein. Signature of Bidder eS,3-0..- By C.HAarr,_r£ GAaer,� Name Business Address 1.O. Spy g4 MA-tLACHA T'L 3553 Incorporated under the laws of the State of pl p ALT l)A BS-4 CAC February 14,2013 VIII-3*New Business Attachment B 32 of 97 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, 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: deBid Number; 13-6011 rs Project Name; Erosion Control Structures for South Marco Beach • '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_THE OUTSIDE OF THE COURIER PACKET M VA, iL DA I. hArNe._O !STpv4?SQL! CsAeLTE `Apu Bidd r Name (Eitk.13L mt cL .-Signature& Tq2. "414315C. Date: 29 Construction Services Agreement.Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 33 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 34 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 35 of 97 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 CAC February 14,2013 VIII-3"New Business Attachment B 36 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 37 of 97 1 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 CAC February 14,2013 VIII-3*New Business Attachment B 38 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 39 of 97 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 • e• :I Sufficiency: .I ri• Name: ssistant County Attorney 36 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 Attachment B 40 of 97 Business 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 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 41 of 97 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 CAC February 14,2013 VIII-3"New Business Attachment B 42 of 97 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 CAC February 14,2013 VIII-3`New Business Attachment B 43 of 97 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 CAC February 14,2013 VIII-3`New Business Attachment B 44 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 45 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 46 of 97 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. 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 coverages 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 08/152012 CAC February 14,2013 VIII-3*New Business Attachment B 47 of 97 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 coverageW 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. • 44 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 48 of 97 Collier County Florida Insurance and Bonding Requirements Insurance!Bond Type Required Limits • 1. 0 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 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.,00Q,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. ® 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 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 Per Occurrence ►5 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. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 45 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3`New Business Attachment B 49 of 97 ❑Valuable Papers Insurance S 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. 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 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. is 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. Nome of Firm �^1 0 Rm.'aA n f .�O1tJ'bsQvCt:4lt/Date..__.1oS 10 -1 e1 Vo nilorSignature (1 Print Name C N AQt,. , C,ARCTA Insurance Agency _Ait~AIUTit Cj ►" Ct p'iC t Cor1+dViet A&+a aki%f2Y NSOQANCt Agoitt Name C ,Acy UP-DEALoaxiCaS Telephone Number ` .0.7-'0S?'(5.15 46 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 50 of 97 A N? CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYT) NCE 1 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 POUCIES 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 IS 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 Legacy Underwriters, Inc. P FACT Theresa Jewell PO Box 1972 EYn: (727)388-4545 x604 Nok(727)306-4410 ADDRESS:tjewe11@ lepaoyundorwri tore.com Saint Petersburg FL 33771 INWR!I S)AFFOROINOCOVQtADE NJUCI INSURED INaURERAAtlantic Specialty Insurance Florida Marina Construction, Inc INSURERe:Commeroe and Industry Insurance P.O. Box 248 INSURER C: INSURER D: • Matlacha FL 33993 IN3uRERE` 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. F.XCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR I TYPE OF INSURANCE fCFT.:i y1,.� I(.T r1i�„N LP0� W LRAM !GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE t 1,000,000. I DAMAGE 7O Ii NI0O A F_ I CLAIMS-JADE n OCCUR PREMISES 1Eo ocarronoe1 $ 50,000. I 5.7E25045 ',4/30/2012 9/30/2013 [Xi Watercraft Liability i MED EXP(my Ana w�aa+l 3 5,000. I ' PERSONAL*MN INJURY ♦ 1,000,000. (GGN'L AGGREGATE LIMIT APPLIES PER. I GENERAL AGGREGATE 8 2,000,000. �', I i PRODUCTS•COMP/OP AUG $ 1,000,000. ' I POLICY I f. a n LOC $ I AUTOMOBILE UABILITI OMBINED SINGLE LIMIT_�ANY AUTO I a acedenl) .5 1,000,000. � �'1 al L ONMEO X AUTOSUL ED 753023253 BODILY INJURY(Par Parson) $ X1 AVTO3 ,,"0/30/2012 9/30/2013 BODILY INJURY(Pr aaOeM) S HIRED AUTOS x AUTOS (PaDPradTMrsOAMAGE $ I I $ UMBRELLA LIAR X OCCUR EXCESS UAB EACH OCCURRENCE $ 2,000,000. A L .CLAIMS-MADE, DED 1^1 RETENTIONS 25,000. 5.7825046 AGGREGATE 3 2,000,000_ B WORKERS COMPEN8A1 yI /30/2012 /30/2013 S i AND EMPLOYERS'UABSJTY I I STATU• ! 10TH. ".nv F'ROPRIEfOR/PARTNERIEXECUTUE Y/N TGRYigdiTB t ER I OI HcER,MEMBER EXCLUDED') E N/A I E.L.EACH ACCIDENT S 1,000,000. I II yes delc be and �irC005227055 {1/28/2012 1/28/2013 II yes describe under ! I E.L.DISEASE•EA EMPLOYEE S 1,000,000. ,._-DESCRIPTION OF OPERATIONS Woo OMEN Included. EA. DISEASE-POLICY LOAD. 8 1,000,000. A Jones Act - 2 Crew B5.7E25045 9/30/2012 9 30/2013 + / Jones Ad:S 1.000,000. i I i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Welch ACORD 101,AodKionsl Rana,ks SohaduN,Hawn spare Is required) Certificate Holder is Additional insured as interest nay 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 / .}tLLL:a Q44.0t0 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. IN5025 :9i,C ,01 The ACORD name and logo are registered marks of ACORD CAC February 14,2013 VIII-3"New Business Attachment B 51 of 97 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 Contractors [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 CAC February 14,2013 VIII-3'New Business Attachment B 52 of 97 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 $ Retainage© thru(insert date] $ Total value of Work Completed Retainage ° _ and stored to Date $ © _ /°after (insert date] $ = Less Retainage $ Total Earned Less Retainage $ Percent Work completed to Date: Less previous payment(s) $ p % 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& (shall be signed by a duly authorized representative of CONTRACTOR)Title) 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 CAC February 14,2013 VIII-3* Attachment B 53 of 97 $a « wi § § § '- i § A i I kk k iiiio:viioiiioioioioiiiiiiiil a � z IP0W" � $ ,:if! �� ■ § f # §�� 0e2° or 1- ■■o gse �22_ � w \ . \ o 4Z 11111 $:o ■ A .� S `o � �}w § a &f we kq i$ r ili§ ■ _ E §i2 2 � s ƒ o 2 ^ « f )f U #a : o B . s- _ _ E / - z 1111 . _ , CAC February 14,2013 VIII-3'New Business Attachment B 54 of 97 w 2 arc CO w $ .2 O 0 a I•- s Q w 'v iti U C U > 3 E e L.L. o > m 0 d • rt d, w md Q 2 I • P. a � 0 (o) 3m 2 > E c - Z m a a N C G Q. c 0 o m • U 0 0 a L X w m w R 0 CAC February 14,2013 VIII-3"New Business . Attachment B 55 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 56 of 97 CAC February 14,2013 VIII-3*New Business Attachment B 57 of 97 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 clays 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 CAC February 14,2013 VIII-3'New Business Attachment B 58 of 97 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 54 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3"New Business Attachment B 59 of 97 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 CAC February 14,2013 VIII-3`New Business Attachment B 60 of 97 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 CAC February 14,2013 VIII-3"New Business Attachment B 61 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 62 of 97 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 CAC February 14,2013 Attachment B VIII-3"New Business 63 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 64 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 65 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 66 of 97 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 CAC February 14,2013 VIII-3'New Business Attachment B 67 of 97 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; 63 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 68 of 97 • 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. 64 Construction Services Agreement:Revised OW15/2012 CAC February 14,2013 VIII-3'New Business Attachment B 69 of 97 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 08115/2012 CAC February 14,2013 VIII-3*New Business Attachment B 70 of 97 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 se Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 71 of 97 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 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 72 of 97 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 • CAC February 14,2013 VIII-3*New Business Attachment B 73 of 97 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.gpv/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 CAC February 14,2013 VIII-3*New Business Attachment B 74 of 97 I . 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 CAC February 14,2013 VIII-3*New Business Attachment B 75 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 76 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 77 of 97 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 CAC February 14,2013 VIII-3'New Business Attachment B 78 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 79 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 80 of 97 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 CAC February 14,2013 VIII-3'New Business Attachment B 81 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 82 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 83 of 97 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 CAC February 14,2013 VIII-3`New Business Attachment B 84 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 85 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 86 of 97 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 CAC February 14,2013 VIII-3*New Business Attachment B 87 of 97 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 CAC February 14,2013 VIII-3`New Business Attachment B 88 of 97 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 CAC February 14,2013 VIII-3'New Business Attachment B 89 of 97 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 CAC February 14,2013 VIII-3'New Business Attachment B 90 of 97 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 CAC February 14,2013 Attachment B 91 of 97 Business 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 CAC February 14,2013 VIII-3*New Business Attachment B 92 of 97 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 CAC February 14,2013 Attachment B 93 of 97ew Business EXHIBIT J: TECHNICAL SPECIFICATIONS • Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Exhibit J Technical Specifications 89 Construction Services Agreement Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 94 of 97 EXHIBIT K: PERMITS Supporting documents found at: http://bid.colliergov.net/bid/ and titled: Not applicable • 90 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 Attachment B 95 of 97 New Business EXHIBIT L: STANDARD DETAILS Supporting documents found at: http://bid:cotiiergov.net/bid/ and titled: 13-6011 Erosion Control Structures for South Marco Beach 91 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 96 of 97 EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: http://bid.coiliergov.net/bid/ and titled: Exhibit M Construction Plan Set 92 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-3*New Business Attachment B 97 of 97 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 CAC February 14,2013 VIII-4 New Business 1 of 2 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. CAC February 14,2013 VIII-4 New Business 2 of 2 GROWTH MANAGEMENT IMPACT:Ther e is no impact to the Growth Management Plan related to this action. 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 Z C w N —, 3 p p 13 CD CD �. * p oo mr -I (nrg -!I co rt D) (Di Cl. = p'4 l<D ? N C/) N to CD 0 o,2 = w � crK 0 � m W _ (D 0 N O ° D) n M D m -1 O O O Z o Z o D x D o N 3* = O 0 .. CD .n. a) 0 .n-. 0. - N 0 N O L C• (D . Z N . N _ -N j O `3? O7 N ..CD o N 3 Z 0Z 0 y N O N o _ ti Z Z a p .0 2. a�-o.- 13 '., 3 00 m — Fr CD m o. z = 0 co 0 0. Z 0 w o) 0 0 co in 0 00r C c -< -< N 2 = D v Q) cn v o 0 000 ' CD CD CO ni 4190 = Pa to to ift EA Q. .y (D D 0 m rn Z rn m m m o ° o c' o Cl. o 0 y y 0 (A m m m co O O O O apt � O o o o W N © 000 n fj CD _ n p;'4A W N < (D � � � Z � -< � -< .a 0) - a, n •�• (A (DA CAA 0 (DA C% 0A N CO - - - = Fl N 0: O O cal - O O O d CI 46 0 Al 0 is j EA tn -< -< cii N t ,S7,, N m I CD W M co O N cn W cn � <0 n O O O O 3 O • O O O 0. 0 FCr z CO 2 000' f N Z 0001 0 W p $; o N? w" 4fl 1 Q Z cn t0A S A � '< -< '< '< '< -‹ 0 0O O 0. 0 � 0 N N W N y N 0 N N N y G O O D 0 1p' 0- =— 0 0 0 0 x < n 0 00 00 00 O 0 • - al -4 • cn0• CAC February 14,2013 Attachment B VIII-4"New Business 1 of 143 Putchasini 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. 0 Purchasing Depatrrat'3327 Tamiami Trail East Naples,Florida 34112-4901•wor cdrrergw.nettpurchasrg 1 Construction Services Agreement for Grant Funded Projects: 1/1/2012 CAC February 14,2013 Attachment B 2i of 143ew Business 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 Y7 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 Projects: 1/1/2012 CAC February 14,2013 Attachment B viii 14 New Business 3of143 Coitsr„,,, county AdrnirOstaithe Swims ims i 40r1 Punsng 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 CAC February 14,2013 Attachment B VIII 4*New Business 4 of 143 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 CAC February 14,2013 Attachment B 5iof 143ew Business 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 CAC February 14,2013 Attachment B VIH 4*New Business 6of143 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. s Construction Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 Attachment B 7ioif 43ew Business 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 CAC February 14,2013 * Attachment B 8ioif 143ew Business 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 CAC February 14,2013 * Attachment B 9 V01-4 of 143ew Business 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 Construdion Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 * Attachment B 10iof143W Business 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 CAC February 14,2013 Attachment B 11 of 14ew Business 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 CAC February 14,2013 Attachment B New Business 12 of 143 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 CAC February 14,2013 Attachment B 13iof New Business 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 Pc C H E INC . _ Main Business Address Z8a NW 124-"Ma ,?0 M PA N 0 6 iE4 ck1, �-L 3300 Place of Business -SQ.mt— Telephone No.-154 S(0? CO al' Fax No. Cf 514 R43 8550 State Contractor's License# C&C. 15 2 01 1 5 State of Florida Certificate of Authority Document Number t" 0 2 0 0 o 12.034 1 0 . Federal Tax Identification Number 14-i 85 } g Z Firm's Dun and Bradstreet I lu 9 0 0 0 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 CAC February 14,2013 Attachment B 14iof14 New Business BID SCHEDULE South Marco Beach Sand Re-nourishment Bid No. 13-6009 Please input your prices via www.collieruov.net/bid 14 Construction Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 Attachment B 15iof New Business-4* 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. 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. 15 Construction Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 Attachment B ;sio 143 New Business 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. 4 Ff r I 1. Electrical 2. Mechanical 3. Plumbin• 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 subcontractors that represent more than 10% of price or that affect the critical •ath of the 16 Construction Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 Attachment B 17iof 143-4*New Business 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% Q\ 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 ,o r 17 Construction Services Agreement for Grant Funded Projects:1/1/2012 CAC February 14,2013 Attachment B V111-4'New Business 20 of 143 Ce1011Y :Servites Division :' Pus:Meiip Immigration Law Affidavit Certification Solicitation:134009 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. t Company Name e F}VA C H E N C nr Print Name A DA 1' ` A r ,i/A CH G Title ?f�LS (DENT Signature Date 12113) 12' State ofnor1dck_, County of Piro ward . The oregoing instrument was signed and acknowledged before me this 13 day of E.'eni)-ei 20 14,by Ada m Ad a ch•e who has produced FL DL:A320 DOy 13103 0 as i 3ntfication. (Print or Type Name) (Type of Identification and Number) ry bli ignature • ANDREA YOUNG SON r-ea Son, 4 MY COMMISSION#1E146460 Printed Name of Notary Public - Egg umber 15,2015 E 1 t(o118 o/Novem be( /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 CAC February 14,2013 Attachment B V11. 'New Business - lilt, 21ef143 — Company ID Number:444336 „our_ 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. rhployer Cav c) e�rle ' � `'may,d am '' fey , a - _ �,.•pt�. t r,.. .y*r ' S'3 t�}"2't *ry G f "$,1 g daw dacheF ? fi ro aYw•"p a :6•S'4ay ", s. l r. , .; . ame(PleaseType,Or m) " s e " fT-Tf � s� � e s I. :4 afl ,'$ lief•• w , , ! ',•,.. c� Y:a S 9 _ "• X partmentof liameland Sic my � �s41Pn F�L i421 � . �V- SCIS_Velt�f catienf k to>g - . eme-(Please Type'pr t) - a i t t t' iectronicali Si•ned r 812911".. _. Llynature w ,• '. L`„"fly,'• y {�Y�C.!�{� .1 Ir:fa t EBIZ Re•ureeb `, F ' µ �+a x 'forth-Al atto . .r-.:atin� to; . wr,c':- , ,.�..,. • ., dyr 4 7 S ,,u - " my :S SE. • Cpm.an .Agri* ei t _^ x r ,> >,. �•. .*fir,-x- , �',,�'�,s ti :.:.....Con •an -∎F-acA ' 1 dl s,,•':` � 'x 3 :.'t . a� L ,�, r£M` YN 1'a R""4•':' l -y.y`fi Si ` t jam' 's5• Fu6 i�6 r. x ', a a v t r 5 r.. . it ' ' �V t di�" . Corr Pany Ai rest' $ t - " - - 4 t•Ad�rt;ss= 4,� i� ilS f Rim t d Y-*•,f,,"- , ,,, ', r y i 4 +�' -.yam n • Employer Idenliflaatib ; 'Namber:: ate5x 2� . R,:•w :,..;;. Page 12 of 13 E Verify MOU for Employer Revision Date 09/01/09 Vvww.dhs.gov/E-Verify CAC February 14,2013 Attachment B 22i0f 143 gm New Business ' .a..':..,. Company ID Number:444336 Class icatlgtr$`#ezn 1 tI t r �r Ewa-'�"�s } a r� �f Administrator ._ LL. °� �r #ifs } Number•of Empbyees '��'t � . rz #" ' . ' Number of°‘1 -7.e Verified' ,S€. „ .* �'„� for rte y+ 1- J u- xy i, v r '.,aaA Fw Are you merifymg for moire'tI anr,1 sit '4f s�pt �Cjjhe iiiunber Qfsites verified for in each State ,: ,+ r ••? a : p«r _s. xr T, 2 � FLORIDA 1 site �° r x zin, d � : q� FF, t. Tor_ tt� �"•Y •.� �'. it Sr" .+.F- ;•� .� 3,_ • Information �atin� tia#h t� r m i llr�i � a . for-yoo5r ' � n policy, •questiorii or operation a Ir� -: v. Nal°e ,�Ai*dr f4.Y �s.. d a a�' 4* r ' ,i Telephone Numbgr r '.x(954)566.0h0�07 i� +_ V' d1 v v:,•�. 94)566 7401•E mail Address' AwO�CAV7- Orr1} a• i x Name; r r Adam D A-;...-:::',.;'..:,::: ::-'1'11.C.„acke . rt ei,d, :k ". " Teleplfone Number. �(9 )� 68 0007 0 � . f � "�( 41 3 E-mail Address: €ad`Am c#racbc co r ^,�.; x, `' t� a . •x. s•. t..... ,. f .,tv ,r` yr." "A ti ' } Page 13 of 13 I E-Verify MOU for Employer Revision Date 09!01/09 WWW.dhS.gOV/E-Verify CAC February 14,2013 Attachment B VIII-4"New Business 23 of 143 Adrnhis Why 1r ' Saki oes Clvisibn Pub COWER 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 Ca v(1, c h eJ n c - (as shown on income tax return) Business Name Address ` r�rf' AvE city POM PA No 8EKI c1--1 . State FL0'1 DA zip 3.3 D(09 Telephone 5(9$-000q-FAX X1-943-855th Email i n- of Cav a c h'e. corn, Order Information Remit/Payment Information Address O.S p 4� AVE Address W 1 2+'AVE NO city SPACH State FL zip 330(0 CI City PRP cL State F(_.. Zip 330(6 FAX /54 -143- R550 FAX 954 - 943-8550 Email I I I� QU V a the, C 0/rL Email n�o @ Oava che. c om 2. Company Status(check only one) _Individual/Sole Proprietor X Corporation ,Partnership _Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) G 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) IL4- 11?9-4 K-c 2 (Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract) 4. Sign and Date Form j Certification:Under penalties oz.-r/uty, Ice t the information shown on this form is correct to my knowledge. Signature /O. V e Date 12-11311 Z Title-Pres id to Phone Number qq 549g 0004 21 Construction Services Agreement Revised 1/1/2012 CAC February 14,2013 Attachment B 2 41 1-4 143W Business 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 o r 1 d a- County of Cia vach e /tic , 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. Ca va che I n C , 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 CAC February 14,2013 Attachment B VIII-4•New Business 25 of 143 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of I-LC JZ 1 which operates under the legal name of C2-N-cf-1 e INC. , and the full names of its officers are as follows: President ADAM TAN\EL ADACH E Secretary ADAM "DANIEL ADACHE Treasurer ANTH ONy -JOSEPH cn vD Manager AN TN ON/ ,TOSEPH LAV 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 CAC February 14,2013 Attachment B VIII-4*4'New Business 26 of 143 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED 12113112 CoRPORATi ON Legal entity BY: CAVA E I ► C . with-:W1 17 6 ' • • Name of IT : - . '*en. Witness V A LENT( NA CA ' O Sig ature AD► IF ' ■ • • NE PRESIDENT Title 2S0 NW 12-1-h AVENUE 70 MPANO 609-0-1/ 9-3501M A FLCJR 11)Pr C0121=ai2 AT 1 o Ni STATE OF Flo r l d GL COUNTY OF Bro ward The for-going instrument was ack •wiedged before me this day of 20 12, by : ► ,10 ' P AC — , as RES I ENT of C-AVAGN I , a ELGIN/ D, corporation, on behalf of the corporatio . He/she is personally known, to me or has produced L OR I DA DR I V ENS L II C FN J E_ as identification and did (did not) take an oath. My Commission Expires: NIVen/112-er/5, /5 (Si at re of Notary) ANDREA YOUNG 3ON AN DR �1 S` '~ oN�r�i4►e�ao NAME: EA SON EXPIRES November 15,2015 (Legibly Printed) > W Philmikaftervidums (AFFIX OFFICIAL SEAL) Notary Public, State o — i DA Commission No.: F J wg' 8-0 24 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 I/ I Attachment B V111-4*New Business • • • • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Cavache, Inc. ;(herein after called the Principal)and _Travelers Casualty and Surety Company of America (herein called the Surety), a corporation chartered and existing under the laws of the State of CT with Its principal.offices ih 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 tt►e full and just sum- of Five Percent of Amount Bid dollars ($. 5% ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administralOrs, and assigns,Jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to.the Owner, a Bid for • furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and fully complete the Work on the Project known Is • South Marco Beach Sand Re-nourishment Bid No. 13-605 NOW,THEREFORE, if the Owner shall ac iapt the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in ac co' ance with the terms of such Bid, and give such bond or bonds in an amount of 100%the total Contract Amount as specified in the Bidding Documents or Contract Documents v$/ith good and sufficient surety for the faithful performance of the Agreement and for the Rrompt payment of labor, materials and supplies furnished in the prosecution thereof of, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, If the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ *** noted above ias liquidated damages, and not as a penalty, as provided in the Bidding Documents,then 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 i December ._ , 2012 ***Five Percent of Amount Bid • • • 25 Consttucton Servloas Agreement Revised 09/1612012 • • CAC February 14,2013 Attachment B 28iof 143-4*New 43W Business • Cavache, Inc. Principal BY (Seal) Adam dache, Pres dent T `elers Casualty and Surety, ornpany of Arne ca Surety • i . Rawly�ly (Seal); D. Michael SIf, e3tto ey-in= 4r/ Countersigned �L.�_� �" Local Resident Producing Agent for Collinsworth, Alter, Lambert, LLC 23 Eganfuskee Street, #102, Jupiter, FL 33477 • • • • • • • • • • • • I 28 Construction Services Agreement Revised 08/16/2012 CAC February 14,2013 Attachment B 90 nf'New Business 7Q of 7d4 WARNING;THIS POWER OF ATTORNEY IS INVALID WffHOIJf THE RED BORDER TRAVELERS J� POWER OF ATTORNEY Farmington Casualty Company St.Pad Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. T avelers.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 Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recogmizances,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 pcsailtte,d1ia an ons ctitrqceedings allowed by law. 4' �. 25th IN F,the Com have caused this' ta'be icoiporate seals to be hereto affixed,this day oN�tember � nand the- ' v � "'- , cry . Al,...+4 �a , : P -v.. w rN.��.: Farmington Casualty Compall . .,'.a . St.Paul Mercury Insurance Company - - Fidelity and Guaranty'ijehr'anct v~pmpanyr k` Travelers Casualty and Surety Company . Fidelity and Guaranty Insut'I'J1Jnderwi ers,Inc. Travelers Casualty and Surety Company of America St.Pad Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Pad Guardian Insurance Company 'wwkr Y c* no `,tssy ofe,t. ' 0 r.,y � 4r + % 0 rrla3p i TeI ' ant 1 If e�p I .0. N.'�„ __:„.,,s. I' State of Connecticut By: City of Hartford ss. Robert L.Ray, enior vice President Oa 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. • aT In Witness Whereof,I hereunto set my hand and official seal. \(11. e My Commission expires the 30th day of June,2016. * ``Marie C.Tetreault,Notary Public 1<1∎L`i%1-- 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER CAC February 14,2013 Attachment B V►►►-4•New Business 30 of 143 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. /MIL a Ai - as • Pr - I rt i 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. r cruel 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? SPe A-Hu ch rnerl--- : The 114orrvtad-c..OA_ BS-2 CAC February 14,2013 Attachment B viii 4*New Business 31 of 143 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 A 1 ach rno �n iksonrL (-e E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. See Pc 44o chore -I- : n-focm io F. Will you sublet any part of this Work?If so,give details. See A AIL(chrmrnH- : pre -B nrwc.orL. G. What is the last dredging project of this nature that you have completed? See A i ch meri4 : '-Pre --:6∎c - 1 nfzr malt BS-3 CAC February 14,2013 Attachment B 32iof143W Business H. Have you ever failed to complete work awarded to you: If so,where and why? S Q.Q. A ktac hrna t-I- '. Pre -B fIrteMadt10� I. Name three individuals or corporations for which you have performed similar work and their contact information as references. Sep n -I-fachmutt : Prt -Bid I r r me -Lon 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 A4\cAchrnn : Tr-c-B1 a i te\-Focractilp K. List experience with Gulf/open ocean ebb channel(shoal)dredging and beach fill placement.Refer to Technical Specifications for dredge size requirements. /� Proj #1 I 0 gL' L i C� \ N410 r�ACL.' " BS-4 µ CAC February 14,2013 Attachment B 33iof143WBusiness Pte,#2 J � Anti' ' _ ) of i[r ( l , [ U/1 Prod n • • at • - C/1 See fl -Ffg ch m e n-1- : Pre -B d inforwidion The undersigned guarantees the truth and accuracy of all statement/ d answ- ' :de herein. Signature of Bidder Z./., By ADAM ADACH Name Business Address c28 0 N W /24h AVENUE PoM PA NT) C, C 1 )FL 330(06/ Incorporated under the laws of the State of r L o r/D A BS-5 CAC February 14,2013 Attachment B viii 4*New Business 34 of 143 FEMA 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. 10/1/2012 Revision 2 1 • CAC February 14,2013 * Attachment B 35i of 143W Business 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 government and the contractor, arising out of or shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or or otherwise make available to the local government 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 i'E CAC February 14,2013 * Attachment B 36i of 143W Business 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,of Labor. ( ) sports, maps, or other 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 contractor's 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 contractor's 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 Air 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, or orders of the Secretary of Labor issued pursuant to requires the Contractor or recipient to comply with all ry p 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) �%C� 3 CAC February 14,2013 Attachment B 37 1.aNew Business 37 of 143 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 CAC February 14,2013 Attachment B 38i of 143W Business 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 10nn012-(z) ■11/1 5 CAC February 14,2013 * Attachment B 39i of 143W Business FEMA Supplemental Conditions 97.036 Certification Regarding Debarment;Suspens ongandrOthief Responsibility Matters Primary Covered Transactions _ E � - 2fi (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 AD ACH E 300TH MAPCO PEPCI{ AND gENOURISFINENT Name Project Name P2 ES I D ENT J 3-- boo 9 Title Project Number CAVACNE /Nc . 14- I R54 B9 2 Firm Tax ID Number 0280 NW 124h AVE -qg18 (o9004o Street Address DUNS Number POMPANO ,.FL 33o co 9 City,State,Zip 10/1/2012-(2) 6 4 CAC February 14,2013 Attachment B VIII-4*New Business 40 of 143 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 0 f Iii e Date 12-113)12-- Authorized Signature Address 0213o NW 12_ h AY POMPANO BEACH ,FL 330(09 Solicitation SOUTH M R RC ) 6E#CJ-j Contract# 13--(.00c)'1 SAND RENOUR HHENT 10/1/2012.(2) 7 CAC February 14,2013 Attachment B 41VIII-4"New Business 41 of 143 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 employee of any agency,a Member of Congress,an officer or employee of Congress,or an empbyeeof 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 act/fly 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 foliowup 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. 8. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizatio nallevel 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 Rem 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. CAC February 14,2013 Attachment B VIII a•New Business 42 of 143 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 public 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 ❑Prime ❑Subawardee • d Address of Prime: Tier , if known: A . Congressional District, if known: ' one 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, MI): different from No. 10a) (last name,first name, MI): 11, Mu.d Ihrouuh 5 s form is au honored by Ole 31 U.S.C.aec0on Signature: 1352. Thb dl.dosure of wobyiip.cWd.e is a matMsl rapresenhuon ar fact g upon whiuu rer.nce waa Waved by dw ier above when this iranse°N n was made or entered into. This disdwura is required pursuant to 31 U.S.C. 1352. Thb Print Name: information veil bt avai.de for public bwpedlon. MY Pereon who hits to Q.the required disclosure shad be subject to a dvi penalty of not lees than$10,000 and Title: not more than$100.000 for each such blurs. Telephone No.: Date: • t • Authorized for Local Reproduction Standard Forth al(Rev.7-97) • i CAC February 14,2013 Attachment B vii��New Business 43 of 143. State Florida Flor d 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. I 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 -----,,..-..-e , lib_...‘rialL,—....._— Nor ya r Secretary of State •'mot :, ;' Authentication ID:700218882617-012012-P02000120371 '4.4i r a. '-. rr. '`'``,,4. ;`:, ,' To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.org/certauthver.html CAC February 14,2013 * Attachment B 44i of 143W Business Attachment: Pre-Bid Information CAC February 14,2013 Attachment B 45 '0 143W Business 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 stem 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. CAC February 14,2013 Attachment B 46o 143W Business 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. CAC February 14,2013 Attachment B VIII-4•New Business 47 of 143 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 CAC February 14,2013 * Attachment B 48i of 143W Business 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 I CAC February 14,2013 Attachment B 49 '0 143W Business 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 CAC February 14,2013 * Attachment B 501 of 143W Business 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 Horning 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 C AMC HE '" ,,,6"""M 0641-10 CAC February 14,2013 Attachment B VIII-4*4*New Business 51 of 143 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 P ' t CAC February 14,2013 Attachment B 52 '0 143W Business • 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"1/2 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 _. �.- •,ate-''•-, ,,' - se Qy.'. .. �.. I - -411110"-14151t- _ ti . "m ft%... CAC February 14,2013 Attachment B VIII a'New Business 53 of 143 Attachment :• Dredge Specifications CAC February 14,2013 Attachment B gill 4'New Business 54 of 143 43 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 P s��imda■ r i,t. Ia.le i► " u� = I\` ^ ' ' ?°* ro _� 1 .31 _ � E r .. wit a,,- - -t. Vi.:"!-..:11 /. !'! j I ,/. + (Q,! 1 f N. 1 db fir, ...... I ,.:.tom. :} Ai- ,.1 ...- aw.,..- ,IIMiariity -- ,- r- s i Myr.a;4'1110.'xrd':ram .,1 rZIP 1.111m.1.11;4pFl I p 1.-r-c' �r MN'AM.' war t ae WM§(.,.ter...�r 11. A67 , �k it /iq '.... �-.- A111 aRkia�l. t L I X CAC February 14,2013 * Attachment B 551 of 143W Business 1170S "DRAGON®"CUTTERHEAD DREDGE Representative digging depths and dimensions for average dredging service. Configurations for deeper digging readily available-consult Ellicott®. 1170S Principal Dimensions and Particulars Metric English. ull Length 33 ft(10 m) 20.73 m 68 ft. •igging depth _ Hull Width 9.14 m.. . 30.0 ft Hull Depth 1.37 m 4.5 ft.I GENERAL Dry Weight(approximate) 94,800 kg 209,000 lbs.; Mean operating draft 0.86 m 2.83 if I Center Tank Weight(complete` l with machinery) 40,824 kg. 90,000 lbs.; I JFuel Storage Capacity 12,490 L1 6,000 gall DIGGING Maximum 15.2 m 50 ft.. ;DEPTH Minimum 1.2 m 4 ft.in. i 1 aximum @ 'Di Ming Depth 38.1 mi 125 ft.' 1 0° Swing each . Max. , !CHANNEL ide CL i . 92 ft. 50ft/15 m) 28 m WIDTH IDI.. n• De•th Minimum @ Min. Digging 1 1 Depth 23.5 mi 77 ft. (with hull grounded) i i Diesel Engine CATC32 634 kw 850 HPI i. Continuous Rating) I HOVERS esengCT9 281 kw 350 SHP Intermittent Rating) I OTAL 894 kwl 1200 SHPT uttin• Power 116 kwj 155 SHPT utting Force 4055 kg 8,940 lbs,. CUTTER utting Diameter 1099 mmL 43.27 in 'Cutter Shaft Diameter _ 133 mm: 5.24 in± Cutter Speed Range 29-48 RPM IRECT haft Power 36.5 kwj 49 HP INE Line Pull-First Layer ( 6,804 kg' 15,000 lbs WING Line Speed-First Layer 10-31.5 m/min' 0-103 ft/min • INCHES Wire Size 15.9 mmi 5/8 in; Ovum Capacity 122 mI 400 ft. 1 (.Shaft Power 23.9 kw. 32 HP I l PUD JLine Pull 7,800 kg:; 17,200 lbs IIIINCHES Line Seed 14.6 m/min'' 48 ft/min ND Wire Size 19 mmj 3/4 in PUDS Iud Length(33 ft(10.m) DD 14.3 m 47 ft Spud Outside Diameter 457 mmi 18 in Spud Weight 3,084 kg' 6,800 lb CAC February 14,2013 * Attachment B 56i of 143W Business 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-"DRAGON r;"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. CAC February 14,2013 Attachment B V111-4`New Business 57 of 143 " DRAGONS" Model Series 1170- 16" (406mm)I.D.Pipeline 117 � 'uI �uIII1II� U QiIIiiiuIi111111 'III 4 lillillil PIM SAM pi m., 1111111 GRAM.MO es) CCNV6ii WO Ott I t 3 f PIWILINWIANION.1 OW W 7010 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) MAX.PUMP SPEED '654 RPM MAX. PUMP HP 855 HP(638 kw) TERMINAL ELEV. 110 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. 2.10 1.00 12.00 . 1.10 1 1.95 1.158 1.90 1.222 1.85 1.294 1.80 1.375 CAC February 14,2013 Attachment B VIII-4 New Business 58 of 143 Attachment : Key Personnel CAC February 14,2013 VI Attachment B 5911-4*New Business 59 of 143 Anthony Cavo 280 NW 12th Avenue,Pompano Beach,FL 33069 954-568-4007 anthony@cavache.com Education 4 year degree OSHA and MSHA Certified CPR, First aid,emergency tech training, hazardous waste spiN and dean 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 6/1988-6/1997 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 CAC February 14,2013 Attachment B VIII-a•New Business 60 of 143 • Rocco Cavo 304 Holly Avenue,Port St.Lucie,FL 34952 954-415-6588 Experience Cavache Inc. Project Manager/Supervisor 2008 to Prasent • 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 renourishment • 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 CAC February 14,2013 Attachment B vii 4'New Business 61 of 143 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 CAC February 14,2013 Attachment B VIII-4*New Business 62 of 143 Danny Sabon 424 Danube Way,Poinciana,FL 34758 954-662-1059• Experience Cavache Inc. Supervisor • Involved in all aspects dredging operations,of dred ' tion containment disposal 2006 to Pnrent. Pets s,survey. 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,Bearhfill 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 • CAC February 14,2013 Attachment B 63i of 143W Business 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 • • • CAC February 14,2013 Attachment B VIII-4'New Business 64 of 143 43 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 organizer 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 CAC February 14,2013 Attachment B VIII 4•New Business 65 of 143 • 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,5-254 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. CAC February 14,2013 Attachment B 66 o 143W Business 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 }} CAC February 14,2013 Attachment B VI * of 143W Business 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 R CAC February 14,2013 Attachment B 68 I-4 of 143W Business CERTIFICATIONS/EDUCATION: • • 130 Ton Manitowoc Crawler,lattice boom • 80 Ton All Terrain,hydro • US Coast Guard Captain • OUPV Captain's Course • First Aid/CPR CAC February 14,2013 Attachment B VIII-4*4*New Business 69 of 143 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 CAC February 14,2013 Attachment B Vlll�`New Business 70 of 143 Email: scottjohnson @colliergov.net Telephone: (239) 252=8995 AeP e F : (239) 252-0 588 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: r t • �. s G X � t 1 tai 13 h l F f �}g 4 ' I r "7 G ! .' �' x y x k 47 Addendum Template Revised:4/15/10 1 CAC February 14,2013 Attachment B VIll-414ew Business Email: scottjohnson @colliergov.net Telephone: (239) 252-8995 Acirfinie Intim SevicesDiuision 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:4115/10 1 CAC February 14,2013 Attachment B 7210-*New Business 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-XX. 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 28"' 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 CAC February 14,2013 Attachment B VIII-4"New Business 73 of 143 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 CAC February 14,2013 * Attachment B 74 V01-4 of 143W Business 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. CAC February 14,2013 Attachment B 75io 143W Business 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. CAC February 14,2013 Attachment B 76iof 143W Business 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 1 )P, ..-''--11'.i::-...'.r;..� i' r °r! jsl �.= 1 � I =1 t. i r . v. t �—a q 4t.f r i :� arm*;,j 4,� h �# ,� fi �. dd c ,�� CAC February 14,2013 Atta h me nt B 77 VIIIof 143 New Business 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: aBid Number; 13-6009 .Project Name; South Marco Beach Sand Re-nourishment =Opening Date.1 211 3/201 2 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 C a►vo.ch 11 Bidder Name Presid�e r i- Signa ure &Title DAM ADAC H E Date: 12113112 27 Construction Services Agreement Revised 08/15/2012 CAC February 14,2013 Attachment B Vein 143 ew Business 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 CAC February 14,2013 Attachment B 79io 143W Business 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 CAC February 14,2013 * Attachment B 80i of 143W Business 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 CAC February 14,2013 Attachment B 81 of 143W Business 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 CAC February 14,2013 Attachment B 82 of New Business 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: infoa.cavache.corn 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 CAC February 14,2013 Attachment B 83iof New Business 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 CAC February 14,2013 Attachment B V111-4•New Business 84 of 143 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 CAC February 14,2013 Attachment B 85io 143W Business 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 CAC February 14,2013 Attachment B 86io 143W Business 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 CAC February 14,2013 * Attachment B 87iof143WBusiness 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 CAC February 14,2013 Attachment B VIII-4*a•New Business 88 of 143 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 CAC February 14,2013 Attachment B viii 4`New Business 89 of 143 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 CAC February 14,2013 Attachment B 90io 143W Business 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 CAC February 14,2013 Attachment B 91 of 143W Business 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 coverages 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 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 41 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 Attachment B 92io 143""Business 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 coverageal 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 CAC February 14,2013 Attachment B VIII-a'New Business 93 of 143 Collier County Florida INSURANCE AND BONDING REQUIREMENTS ;liUtre:kId VOL; 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 CAC February 14,2013 * Attachment B 94i of 143W Business ❑ 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 CAC February 14,2013 Attachment B VIII-4*4•New Business 95 of 143 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 CAC February 14,2013 Attachment B 9sio 143W Business 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 CAC Rbru p&,2g Attachment B VIII-4"New Business @ @,a - - - - - - - - - �2 B ■ ' ,azz E 8 al ) // § s W . 2 « e ¢/ /� § w I. ƒ. \ k § re - % 2 ■ v hH to . - 3 \ / ; I �� 2§j 1 c 03 A\ 7 z z � . ao © 7 a a) 1- f2 Q zI o2 uJ k f a % 1 §ƒ -I /.- \\ )- -I 7k o® a) C - / k t\ � � §6 2 )] = o ■§ U) z IE lcu■q � k C � � f« � oz i- , , /a § q § _ k .w � . § a ® , . 3E w , o a. 0 a 3 § § . � } ■ O. / § ■ 6t • 0@ o 0 - kf § =8 152 \a ' P 0 al 1 � = k) 0E£ -0 7-.• I- C O I- Cti = \ ;&1 1 )� a S « . § $ Ca- g § I 2 [� k27� ƒ c / \ 0 - 8-�- . k4 � { I - 2 « ■ @ cc . \ � 2 E i q � #2e ,n e o. z . 2.$ CAC February 14,2013 Attachment B 98 '0 143W Business CD N Q 75 O m co O I R C c CO O 0I LU II c� 11 m i 0 CI CO▪ a I M N c 0 = 0 CO Q 7 m 0 CO U 0 ra E a c ti • o CO "al• a. g r as a R• Q 'm o m a - S m 0 c d N c .D Q r- fn U_ a a L X LL a) w R O • CAC February 14,2013 Attachment B 99iof 143-4*New 43w Business 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 CAC February 14,2013 Attachment B Business 100 of 143 Director (For use by Owner: Fund Cost Center: Object Code: Project Number: ) 50 Construction Services Agreement:Revised 08/15/2012 CAC February 14,2013 VIII-4*New Attachment B 101 of 143 Business 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 CAC February 14,2013 Attachment B 102 of a Business 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 CAC February 14,2013 Attachment B VIII-4*New Business 103 of 143 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 CAC February 14,2013 Attachment B 108 of New Business 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 CAC February 14,2013 Attachment B VIII-4`New Business 107 of 143 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 CAC February 14,2013 Attachment B 108 of New Business 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 CAC February 14,2013 Attachment B 109 of New Business 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 CAC February 14,2013 Attachment B VIII New Business 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 CAC February 14,2013 Attachment B viii New Business of 111 of 143 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 CAC February 14,2013 Attachment B V1114*New Business 112 of 143 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 CAC February 14,2013 VIII-4"New Attachment B 113 of 143 Business 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 CAC February 14,2013 Attachment B 114 f 43 Business 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 CAC February 14,2013 Attachment B Viii-4•New Business 115 of 143 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 CAC February 14,2013 Attachment B 1116 of 143 Business 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 CAC February 14,2013 Attachment B 117 of New Business 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 CAC February 14,2013 Attachment B VIII 4*New Business 118 of 143 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 CAC February 14,2013 Attachment B 1119 f 143 Business 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 sea. 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: htto://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 CAC February 14,2013 VIII-4*New Attachment B 120 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 121 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 122 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 123 of 143 Business 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 Construdion Services Agreement:Revised 08/15/2012 CAC February 14,2013 Attachment B viii 4fNew Business 124 of 143 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 CAC February 14,2013 VI 11-4*New Attachment B 125 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 126 of 143 Business 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 • CAC February 14,2013 Attachment B VIII-4*New Business 127 of f 143 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 CAC February 14,2013 VI 11-4*New Attachment B 128 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 129 of 143 Business 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 CAC February 14,2013 Attachment B viii 4f New Business 130 of 143 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 CAC February 14,2013 Attachment B VIII 4*New Business 131 of 143 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 CAC February 14,2013 Attachment B 13z f 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 133 of 143 Business 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 CAC February 14,2013 VIII-4*New Attachment B 134 of 143 Business 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 CAC February 14,2013 Attachment B VIII-4*New Business 135 of f 143 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 CAC February 14,2013 Attachment B VIII-4* w Business 136 of 143 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 CAC February 14,2013 Attachment B 13of 143 Business 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 CAC February 14,2013 Attachment B VIII-4*New Business 138 of 143 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 CAC February 14,2013 Attachment B 139 of New Business 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 CAC February 14,2013 Attachment B 140 o*New Business 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 WWI CAC February 14,2013 Attachment B VIII-4 New Business 141 of 143 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 CAC February 14,2013 Attachment B V111-4'New Business 142 of 143 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 CAC February 14,2013 Attachment B V111-4*New Business 143 of 143 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 CAC February 14,2013 VIII-5 New Business 1 of 70 COLLIER COUNTY PEER REVIEW OF BEACH RENOURISHMENT DESIGN Prepared For: Collier County—Coastal Zone Management Department 2800 N.Horseshoe Drive Naples,Florida 34104 9 33a._ °y f ,! M 'rt f ay.?l"5wc gk �Si, 'y.. ! 3y4 , w a?3 ax..w. Prepared By: Atkins 4030 West Boy Scout Boulevard,Suite 700 Tampa, FL February 2013 .KINS AT CAC February 14,2013 VIII-5 New Business 2 of 70 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 identiniing 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 CAC February 14,2013 VIII-5 New Business 3 of 70 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 CAC February 14,2013 VIII-5 New Business 4 of 70 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 CAC February 14,2013 VIII-5 New Business 5 of 70 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 CAC February 14,2013 VIII-5 New Business 6 of 70 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 CAC February 14,2013 VIII-5 New Business 7 of 70 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 CAC February 14,2013 VIII-5 New Business 8 of 70 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 Reach R-M onume nts Length CPE Volumes (FT) (MILES) (CY/FT) (CY) 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 Length Reach R-Monume nts 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 CAC February 14,2013 VIII-5 New Business 9 of 70 Figure 1. Vanderbilt,Pelican Bay,Park Shore,and Naples Beach Location Map ..' R ,1 BAREFOOT BEACH oVIGGAIS TA.,LAHASSET _ JACKSONVILLE ..J l PASS 4,..v., DEI NOR WICAI I= ‘ PROJECT-....... STATE PARK I ORL AN DO A l'A L OCATION ''.. TAMPA ATLANTIC N -_ - HENDRY 00, m7BilepTjoAN06, ...„ \ A LEE VANDERBILT cO, 4 VANDERBILT II '1;,-'4 I BEACH 41re., ° ---Cliff 70001P .'",.. MEA7C0 R --- OW MONROE CO o MEXICO ,,... n PELICAN ,0 BAY gl 1 ? J , 1 PARK ' i's RAO SHORE N N \ CLAM PASS iorli ) \ , \ -- I \ \ t SR FIRS \ k 0 ' —..-- \ PERMITTED --- 1: ftiA\A! ) ,i mom I N WON:, / PIPELINE ,,----- . . , CORRIDOR / .44 I r , el, - , 0 PARK SHORE ' I ■ ee,„ 1.,,,,( I PROPOSED --/ I PIPELINE Docr 0 -PAss 1 SR ash c ORRIDC , R ...-- u 1 ,... , '1. 1 i 20' CONTOUR — ,...-,,, r,„.. ....,, NAPLES 1 ay ,...e- .,- 4 ...---1 i SR 8% NAPLES ),......T, N NANOON, ...i,. ,,,,...-..-... .„..o. ‘ L-., N_M OM I I— N. LEGEND '.. , ----- PERMITTED PIPELINE CORRIDOR j / =..........t P ROPOSEO PIPE INF CORRIDOR \xl \ [ ___ _j PROJECT LIMFI o rt't; k.-,,, E227,02 PROPOSED FILL AREAS GULF k-,,z,,1 ) ..,C\ P, ----L— ---r-\ — EN PROPOSED NEARSIIORE OPERAIONAL AREAS OF z•-sz P ER MI'TE D OFFSHORE A/fEX/C0 ,'? " \ 1 OPERA-IONA-AREAS V *,,MT ROYAL 4,R70 FDEP MONUMENTS GOROOPt PASS ot,.•tit"Ail \ NME-51 \ I. COORDINATES ARE IN t CET . N BASED ON F LORNA TATE... \\\ PLANE COORDINATE SYSTEM, 0 400C 8006,, t ASII ZONE,NORTH AMERICAN \14^ t,,, ! '11111111-11111,....- \ DATUM OF 1%1-4NA0014 , CRI.HiC SCALE IN FT -.'"•, 2. ALL WIDTHS ARE NOT TO SCALE \ • . It'e: • (CPE,2012) 3 CAC February 14,2013 VIII-5 New Business 10 of 70 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 CAC February 14,2013 VIII-5 New Business 11 of 70 • 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 CAC February 14,2013 VIII-5 New Business 12 of 70 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 CAC February 14,2013 VIII-5 New Business 13 of 70 Table 3. Comparison Summary of Design Matrix Volumes and Design Drawing Volumes Design Volume Reach R-Monuments Length CPE Matrix") Atkins Volumes(2) (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 CAC February 14,2013 VIII-5 New Business 14of70 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 CAC February 14,2013 VIII-5 New Business 15 of 70 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 I, �1 Equilibrium Toe of Fill Erosion Landward Edge of f y Hardbottam Accrets"ur1 if „ -I °ti ',If f i 't-f w.I t 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 CAC February 14,2013 VIII-5 New Business 16 of 70 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 (-11.3$ 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 CAC February 14,2013 VIII-5 New Business 17 of 70 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 CAC February 14,2013 VIII-5 New Business 18 of 70 Table 4.Comparison of 2013 Project Design Matrix and Design Drawing Volumes Design Volume Length(I) Reach R-Monuments Matrix(() 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 Reach R-Monuments Length(Z) (3) 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"in Appendix E of the "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 • CAC February 14,2013 VIII-5 New Business 19 of 70 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"s 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 l OH:1 V slope to existing grade while the 2006 design template reflects a 1511:1V 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 CAC February 14,2013 VIII-5 New Business 20 of 70 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 CAC February 14,2013 VIII-5 New Business 21 of 70 Figure 3. Comparative Profile at T-62 20— 1-62 PROFILE 20 2006 BEACH FILL TEMPLATE LANDWARD CREST EL.3.7'(NAVD 88), 2013 BEACH FILL TEMPLATE LANDWARD CREST EL.4.0'(NAVD 88) 10— —10 '2006 BEACH FILL TEMPLATE SEAWARD CREST EL.2.7'(NAVD 88) '2013 BEACH FILL TEMPLATE SEAWARD CREST EL.3.0'(NAVD —0 6 -10- ... f- —10 qqdoo W ' W —20 --ZD CROSS SECTIONAL VOLUME: MOM 2006(8.9 CUBIC YARDS) 2013(18.0 CUBIC YARDS) -30, s 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 CAC February 14,2013 VIII-5 New Business 22 of 70 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 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. 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 20 UPPER BERM« .7 y , lOHdv sLOFE 2 f 3 J w V 0.00 2.00 4403 8+00 8+00 10+00 12+00 14+00 LEGEND: ___EXISTING GROW) --MEAN HIGH WATER(0.33'NAVD88) ---2008 DESIGN BEACH Fill TEMPLATE -- —MEAN LOW WATER(1.88 NAVD88) -w---2013 DESIGN BEACH FILL TEMPLATE +r HARDBOTTOM LANDWARD UNIT 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 CAC February 14,2013 VIII-5 New Business 23 of 70 Table 6. Comparison of 2006 design volume to 2013 design volume with 2013 project extents Volume Reach R-Monuments Lengthi�l 2006 Design" 2013 Design" Difference (FT) (MILES) (CY/FT) (CV) (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;(1)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 CAC February 14,2013 VIII-5 New Business 24 of 70 Figure 5. Vanderbilt comparative plots of design volumes for 2006 design and 2013 design 25.000 North Vanderbilt South 0. (2013 Project Area) 00000 t .. _ 15.000 ___.... .......... ......_ ......... 1 1 a V 10000 5.000 _....... ..... ...... __... ..,,..... INet Volume Difference:-1C t?,C`,' J \ v s ., \ , R-25 a26(raped 027 R-20 020 .... R 30(Taper}.... 0.31 R.Monument g 2006 Yalu-op Grantor than 2013 MI 2013 Volume Greater than 2006 ..ompos3e Erosion Figure 6. Park Shore comparative plots of design volumes for 2006 design and 2013 design iiii ,orth Park Shore south 0 (2013 Project Area) } b s3 30000 � dam I "Gaper 26,000 ;: ......... ........._ ..._t.... ..1.......... ..._. ... ......... _.......... .�„ I a ' 1 1 1 ''''"4"--1:-,sr:::)'-' 20000 ___ a 15000 ^`P 1 4, 1 1 \ 10 000 �. ..._. r I 1 30. 0000 ..... _... _ 8.. . r - _ B 1 ,,_ 1 Net Volume Difference: +13,507C'Y a k @p`, q.1 ,.t. ra A' pv \ (In pq t\ H� 1 y"'e 1 yh 5b y'1 4, �� Asa 4 8 � '' a o- �0 e o- v 1, e V ar �Qm V ,, ,�,, ,�h0 ,,4 ,:ff" 8-Monument 2006 Va(ume Greater th<,sr.201E sa 2013 Volume Greater than 2006 —^t-Campos4e Erouon 18 CAC February 14,2013 VIII-5 New Business 25 of 70 Figure 7. Naples comparative plots of design volumes for 2006 design and 2013 design $0000 North � or < Naples South 45000 __ 013Project 40.000 "Gap" 1< Y. 35400 30004 -__ 1 1 it 30 000 -t* . 1 ,� f 1 I I 15004 a; .. _ _ 4. �... w• I l0 cm 7 5000 ..., ... .._._ ........ ... ..__. .1 __._... ._ ...._. _.. ......... _ ... .._.. Net Volume Difference: 463 2277CY + 0 ^r \ h 1 4i \ O ti OPQo- <' q" Py Ph P 4 4 4 4 F Pb Pb Qa. P P� r, P ... _ P' 41-Monument 2006 Vafurne f:reater than 2013 11 2023 Volume Greater than 2006 —°composite Erosion 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 CAC February 14,2013 VIII-5 New Business 26 of 70 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 CAC February 14,2013 VIII-5 New Business 27 of 70 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 CAC February 14,2013 VIII-5 New Business 28 of 70 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 CAC February 14,2013 VII$-5 New Business 29 of 70 APPENDIX A-PLAN VIEW AND COMPARATIVE PROFILES 23 CAC February 14,2013 VIII-5 New Business E.gW.IWrr moor w...FM,r.r r•• • .a w-Ery. 30 of 70 D I m I 0 I o I m L, n I 0 I I IATLIM1i 4 I C-301 MATCHLINE MATGHUN --..4.,..„....z....- 1 = I C-300 MATCI+UNE l • 0 ,, , . I ' w - 1 L , � . „� _ � -! k. 0 '-'' , _„__� I / I .. — ° I. f. p I- - � I , .. 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COLLIER COUNTY ,� .,,,,-w,,.,,.: m:"' ■ 1 1 2100 N.HORSESHOE DRIVE „.„*.„...„'OY�,,,,,....,, .�.:p........ , NAPLES,FL].1W .a..pry..e.�ry proem ...... .4 de.....'�"ne,^m...°^.die i..ie44.444 �, ¢ A COLLIER COUNTY BEACH MONITORING r — M I— rte b r ''- REPORT-PEER REVIEW .u,...�.....r..... ..,�.:.^°°-ow„ r MI PROJECT DESIGN- ..d R • w��AMOY*vim.aim*ornorn.sown. BEACH FILL TEMPLATE-NAPLES ,.,, n ORION..ISSUED DATE: > -I 0 I 0 I 0 1 m ^.,E I m I 0 I I CAC February 14,2013 VIII-5 New Business S+••r RMO•IF■wRr •RE+•MN.O,rn+.1SNr r•OD-•. 41 of 70 D • I , MA? H `` 'fig. :-=,. g '*''��1....«... ',. .M1..,. o �S -°—� � MATCHLINE MATGHLI E 0 7 - � C-31� MATCHINE ,( iV.p },eA.n.qp �, �i �� j:., F�. • ` 1111. a, 484' .1 : Q .'i ce'v'r.,,,',:'L.._ r`+ 1 .. .. L '^ .� r. �: a , _ r . ., ,::,, rt. d'$' .. 7, 11 11. 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NAPLES.FL N101 bax'^•....e.e .,m.c w>.....q, 0,\ 0 i 'COLLIER COUNTY BEACH MONITORING ` "`+`°w"+=`R+ `d+° �', $F° REPORT-PEER REVIEW °^~.'°�.....t 1: N r b n v y )11 Z .,... ...,.�.•,: /,\ ji I PROJECT DESIGN• q-+; 0. e �l a a�� BEACH FILL TEMPLATE-NAPLES ................,� IoN° OISGINAL ISSUED DATE: ' > I m I 0 - I- 0 I m _ I r I a I I CAC February 14,2013 VIII-5 New Business N..i....«r~,M.I...,.•••. AA..N.-.9,A 43 of 70 ), I m I 0 I 0 I m I m I 0 I I < 2 m0 NJ 1- ? m cn y ELEVATION IN FEET(NAVD 88) ELEVATION IN FEET(NAVD 88) 0r mD 0 0 0 O o 0 4.3 0 O 0 0 0 m + . r —°O I o II � : �i • 1 �o W . _ Z I • •o O •. E I III • • I t \ 1 • v \ v I { _ ii / < p i / <• 0 1 0)— 0 �—I : / r(— r • — % i / p — : ; :/ m J m • 0 / N r W t; 0 f I 1 I co 1 m f 3 i m co co• O _....,,..._.,....................... .....__... .. '� ...w...._,... .,ig ._..,. ......... .. '� O { 1 . 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I ]NNN.IIOME6NDEDRIVE .aRO�.1 o 9 �- NAPLES.FL 34104 40e""i.�Ap1°^+mom a'�ria�••n w••war �a COLLIER COUNTY BEACH MONITORING ,,,N,..n,.....„1sa,� Fi V‘ 51i;' REPORT-PEER REVIEW ^w^^Mil N r.. �M �� Pa ham.01.6.111114*.8 bb:'v �' z PROJECT DESIGN-BEACH FILL nue%,, 01*; � ,� TEMPLATE PROFILES-VANDERBILT .anr.wrr..�.... 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" o„M n oRroRUL1{{DEO DATE: a I W I 0 I a I in I n I 0 I I CAC February 14,2013 VIII-5 New Business 67 of 70 APPENDIX B-COMPARATIVE VOLUMETRIC SUMMARY TABLE 24 CAC February 14,2013 VIII-5 New Business 88 of 70 2013 Project-C . rative Volumetric Summa Design Volumes Effective Taper Effective R-Monument Distancet�1 Metrixlal Len th Distance Atkins VolumeO1 Difference ®®®®®®®® R-17 111 � W R-I 8 R-19 R-23 ® __ 1111111111111111•111 MIME R-25 _ R 26(T.d) 986 10.0 9,864 500 12.8 -44 - INIMMIN 1' 1811 MIMI 11111111111MIIIIMMIIIIIIEEEM 19,710...MIMMIM 1111111112311 103) 101236 [;,MIN=MEM KM 0.450'' MOM r 1 9,423 :'MIMI IMMINWEINUMIll R-30(TTrer) 1033 104 10,330 500 783 _13 0.. 10,179 R-31 11-32 _ R-33 �MR-34_ - EIMEIMM R-35 R R-337 6 =_ 11=====11 R-38 = = = R-39 R40 R41 R-43 Tai7fpitt) -Rai °.30- -TMT- -350- -.n2s- ; -TA 9,942 1 : 9. t 1 8.-46 1,040 10,0 10,403 1,040 9A'. 10,323 -80 R47 ath 9S3` S 2 ' -Soon- ti3- 6.7' 4, 9 261 R48 R-49 T-50 °t.g -ritir 2.1 2300 _500 250 143 3,623 1125 IMEM11111111111313IIMESIM 16,05? must 1,060. . MEM 12.923 1460 MOM 12,956 ':'..MIMI R-54(T ) 500— 5,0 2,500 —400— 860 2134' R-55 II ill IIII 111.0111 14,6 13 200 100 lanai 7,550 :.. 19.-58A .66 73.6 49,122 — 404 75.5 30$09 -18,613 It-513 -584' 43,057 _ 737 61.8 .45,530 2,473: "4 J'35 111EMININUMIN 31,470 MIN�1�,0,�3.�5 ' 4.905 11:60 1; 1 t 1 MEIN 1/ s i .1 1.., !1 1 :: 1...e 1 E B ;a; B: l orammuncomonrumwsmussm 967 18.2 17 565 MIMI R-64.11.nr2. 8 4 M MO 5012 0 4 rt9 0-66 —__ R-67 ________ R-68 _ _ ------ ---- -- -- - 1i.69 '_,. -805- 6:2 5.000 600 SOS DA 187 4,813" 9-70 :t! 12.513 :I t 12.504 MIMI 1141 IMEMMEaln 18,284 80 Minn 18 291'. MIMI R-72 1 er) —807— 6.2 5.000 —600— 503 11490 •3,310 R-73 MEIN___MIME—__ R-76 R-77 — EE — R-79 R-78 - R-80 ___ _ R-81 _ Total: 24,616 419,120 22,080 387,395 -31,725 Notes:(I)Derived from Tables 5 through 7 of the Sept.2009 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 Renounshmmt 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 where d,g=effective distance used for volume talc In taper da.o,,, =effective distance for adjacent R-Monument d,=„=taper length CAC February 14,2013 VIII-5 New Business 69 of 70 APPENDIX C-GLOSSARY OF TERMS 25 CAC February 14,2013 VIII-5 New Business 70 of 70 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. 1 OH:1 V—A measure of slope. "10 feet horizontal to 1 foot vertical" CAC February 14,2013 VIII-6 New Business 1 of 3 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, the Collier County Advisory Committees and BCC. 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. CAC February 14,2013 VIII-6 New Business 2 of 3 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. The Engineer's opinion of probable construction costs was projected at $1,746,597. This project was budgeted at $1,700,000. A bid tab and reconciliation between the initial bid submittal and the final pricing is attached. 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. $1,700,000 in project funding is currently available in Project 80210. The balance of $54, 884.72 will need to be funded from Fund 195 reserves. GROWTH MANAGEMENT IMPACT:Ther e is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.— 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. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department CAC February 14,2013 VIII-6 New Business 3 of 3 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 CAC February 14,2013 VIII-6 New Business Attachment A 1 of 34 `��. .P(. Lade 5.L c ::ii::i .:4 % ,.F 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 $62,885.00 bid item#3 The quantity of Rock&Sand was reduced by the approximate volume contained within the 2 overdredge limits(400 CY)reducing the total price of bid item#4. $29,9.52,00 3 Orion personnel will conduct interim surveys for monthly pay estimates reducing the total price of bid item#7,Construction Surveys. $12,740.90 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. $87,253.04 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, (-- " —*:-"—:--->-- 2/8/2013 Curtis Huggins,Vice President Date CAC February 14,2013 VIII-6 New Business Attachment C 2 of 34 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 I), 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. CAC February 14,2013 1 VIII-6 New Business Attachment C 3 of 34 1 ° 3 \ \\ 1.4 rte . f " 6 . '. .4 . - -1,,..4..,:, Onshore Disposal Areas 'c Nearshore Disposal I"` s :: .. _.: 'ia Area \ 3 � fl. �'it 1r,4, 7 Flood Shoal ` _ Disposal Area Ebb Shoal Disposal t f SP Area \\ .� f\,-^""-- . - - '. iy s, . E.. 4 w X1'4 r }�. "; 3 Dredge Area SxF -4v' '' Nearshore Disposal Area °,.. :' ,,, c t ,:k„.„' Onshore Disposal Area t itil Delnor V Wggins '4.-± :, 1 t x° AhOto;Apd12112 \ ,, ■ \ .., . 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. CAC February 14,2013 VIII-6 New Business Attachment C 4 of 34 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-RI5) 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 - o'sen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 5 of 34 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 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. 'L; `y v,< A a -' y-1 7 1, fil r era, F- , 4.t Z ' %.,17"' Xa F k " i b�' SIT �gi '. e ` ',,i,•,..;,,, a h, )1„,,,, „,,,;% x e.. , T, :T , rf- ! - 1 CUT DERTH a , - »�ie 4 i C-1,21,"`"t>1 Q4","". WIGGI -- __ , ,� #� 1 wn .„. �. Al �A is s. TRANSmON - ;r -IVY -77'NAVDCUT DEPTH IAAh G!N3 PASS i , 410%,,`• 0138 SHOAL CHANN k pi'ay r NAVD CUT DEPTH ” 31 � 3 � DREDGE r r r " 4- GULF AREA • NO ES LEGEND 1. OOR0;NAI E3 ARE IN FEET BASED ON , R-17 FDEP MONLU,I NT 2111 CPE VIBRACORES F 1 11 LORIDA 51 ATM PI.A4.E COORD9VA'rE 2008 CPE MANGROVES (20). 2059 CPE VIBRACORES � SYSTEM,EAST 204.0•NORTH RICAN DATUM OF 1983 1NA093). 2009 CPE EDGE OF 2008 CP0 JET PROBES 2 DATUM ORE NUMBERS PROVIDED IN MANGROVE 21308µUMISTON A.MOORf, ATTACWMENT 27. 2009 CPE SEAGRASS t 410 le 3. 2089AERAL PHOTOGRAPHY FROM �`' FIELD POINTS V RACARFS COWER COUNTY PROPERTY APPRAISER 2011 CPE BEAGRAS3 3 FLOOD SI.OAL DISPOSAL AREA b*if: S THERE. FIELD POINTS 4 OFFICE IS A 1,OVEROREDGE BELOW THE SEAGRASS AREA EBB SHOAL DiSP!')SA4.AREA 1/13/12 DEETNS SHOWN HERE, W' NOT FOR CONSTRUCTION , iii 01`,, s FOR REGULATORY RE�AEW ONLY ir' s E `' �` urn Imo MI 13500.63 Remo STEPHEN KEEHN PF 4.q, 34557 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). 4- olsen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 6 of 34 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 modern 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. _ olsen associates, inc. Attachment C 7 CAC of 34 February 14,2013 VIII-6 New Business : ' ', ,,,)Fr.;011 % .1 . '1. :.,'.,',' l 1'i N gip. . 1953 li c ' 1958 .; ,,ic >s 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- oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 8 of 34 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 - o'sen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 9 of 34 _ e>r Likewise, the continued influx of sand Flow coats twro of miWion wa(wways from " ` " ing(CP&E,2012) fr om the State Park shoreline — , " immediately south of the inlet — will continue to build up the shoal that Y %'" chronically lies along the inlet's south bank, just west of the channel to Water Turkey Bay. This shoal acts to push the `" channel northward, enhancing the ` , meander. < ti� 5(23%)., g _ Figure contributions of interior waterway Scaled flow vector as estimated by numerical modeling described in The resultant flow vector[red]CPE describes(2012). the vector Photo April 2010` ;" � ` s sum of the three interior waterways. Flow contrlbu6ons of interior waterways with assumed 12%Increase in south channal flow I,t '*'°' ''''4":,., .,1:1114 y a N t23 ) - Figure 4b: Scaled vector contributions of interior waterway flow assuming a 12%o increase in contribution from the southern waterway. The resultant flow vector[red] describes the vector sum of the three interior Photo Apri12O1O :,.,.. ,. waterways. g_ oisen associates, inc. CAC February 14,2013 VIII-6 Attachment C 10 of Sew Business 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. CAC Februa 14,2013 VIII-6 New Business Attachment C 11 of 34 ry -0 gyp _ ‘ :-,/,‘,-,,,,',;;;:ii‘f?':,.;::::,..,, ,1,- -„- .g /r�r y uy, v � ��®� Y R`��{�[ Figure 5—Approximate historical r� channel thalweg(centerline) .m.�. locations digitized from available EGEND PE aerial photography. (The locations ,878 _ � for images from 1999 through 2010 ', are from Google Earth; those from moss ' Ex C/20„7 .a---- � 1962 and 1976 are from images that ,,Woos- 4�p are"best-fit"to the modern images r.,�h1 rr+,�,� and may be slightly less accurate.) 2007 bathymelry for Wiggins pass f0 Cross-sectional area of flow a 1870 condition —120or '*"---- '.1'' \ ."'" '' tO -,a00 -1200 X00 -MDO 0 MD Wiggins pass cross section area prior to initial a.. dredging of 1884 °;+ 10 Cross-sectional area of flew - g,,.° $ ' 2007 condition 117° �. , * n m •1ao atoo goo wo o roo t ' \ Wiggins pass cross section area for present condition(Jan 20071 1870 strot'eline 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. CAC February 14,2013 VIII-6 New Business Attachment C 12 of 34 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 4 3,t j, xY * . .: 4s ` -Onshore Disposal Areas Nearshore Disposal A 1 Area , > }x ,- ,.t4 . -, ,\ ` }+ r Flood Shoal ' • Disposal Area Ebb Shoal Disposal 1 * Pt Area ---- , .�+.f .r,r-_`-- °.�. J t f.✓ Recent Thalweg 4; Locations.A••rox ,. De-0.)e Area x T . ''erpt. - ,; t Nearshore Disposal Area LEGEND (e ` . '`; 1962 ti / '1976 ------ 1/1999 - \ '' II 12/2004 '• _ Onshore Disposal Area 4 P 4/2006 , i 5/2007 ---__- \ .� 1 11/2008------ a 1 4/2010 . . '- 't 1- L } � «Deinr r Vinggirs • : &)'ate.Paris Prot;.4012012 1 ..a Figure 7—Proposed inlet improvements with historical thalweg locations. - 11- olsen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 13 of 34 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). 3 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 - oisen associates, inc. N N VD O ON 4,,.d±z1 00 OA z ti p c<S cl■ w, r N NO i N Tr r N U N ! M ti C7 In ✓ N E �< • L co a F M° n CO rottioweil CO O O CD N r '7.,.,;. k .x x '. .%, fi. 4. 4 N M O p .: ^+ CNI 1 CAC February 14,2013 VIII-6 New Business Attachment C 15 of 34 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 - 18 - olsen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 16 of 34 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 - aisen associates, inc. CAC February 14,2013 VIII- Attachment C 17 of 34 New Business 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- oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 18 of 34 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. CAC February 14,2013 VIII-6 New Business Attachment C 19 of 34 Change(ft) • • 9 8,5 8 ,. # 7.5 r 7 F.,... ° 6.5 °,,' ,i 8 ,� .. € 5.5 ' 4+► fir'«4.5 4 1.5 1, , , s 0 x .1.5 2.6 1:3.5 2 3 il ` .-"'r 0 15 1% 500 III ��.-•�r�Peet Figure 15.Bathymetry change(in ft)between 2007(post dredge survey)and June 2008. Bd.hyntotr. = Cftangge('ni 2 .,,1;,, . . t;44,,, * o s � ` ^ 10' Ts 21,430 0!'•!'t' 728 3110 i?;�1) . ��ta the nrc040i01t . in the channad }g * n: 5 y t Figure 28.Simulated morphology change,calibration run#32 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. CAC February 14,2013 Attachment C 20 of Sew Business �edi�i�r,t # Transport(m',rns) ,,1, w e ` t ,,:: w r .� 's _. " 4 Figure 40.Patterns and magnitude of net annual sediment transport potential.The darker the color brown and the larger the arrows,equates to higher sediment transport. Figure 10—Predicted net sediment transport potential within the study area. (CPE, 2009) ' d r. ... t .Sedment . transport(m Is/rn) *.C';',',..,,,,,,,! , ', Y C r9 Tf ;,'•'•',;!•`! ,, •; t r i 8 3..C.105 i 1 g 5 fle-005 ! yr t i . - t4Yie.t3p5 v' r 4 N .•« .4 2.CG5 r i -,.-:35.-005 t7 ?f . a,-, ', t o- *- 2 16,005 4e..066 Y � ! 111,.-666 'i i ;Y X 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- oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 21 of 34 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 olsen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 22 of 34 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. CAC February 14,2013 VIII-6 New Business Attachment C 23 of 34 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 - oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 24 of 34 Water , .� Depth(m) 0.5 -0.25 1 - „r 1.75 , 4 4, -2.5 le4 -4.75 Y q'y -5.5 -8.25 I I 1 I 1 1 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) • 0.5 £:R -0.25 -3.25 -4.75 'F p x a,. -5.5 -6.25 I I 1 I I I asarne. -'," , vrm -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. CAC February 14,2013 VIII-6 New Business Attachment C 25 of 34 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 It 1.5 t , ‘411. R o -,5 1 1 I 1 I 1 :,0 yards '4/yards :50 yank -2 Figure 29-Cumulative erosion/sedimentation-New Alternative(1 year). - - Relative Change(m) 2 1.5 1 0.5 , ,i ',A ''' 4+. 0• s/6 , i' A.5 iii -1 -1.5 I I I I I 1 :+s reds 'SO yards 1210 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 _ oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 26 of 34 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- olsen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 27 of 34 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) 2 15 0.5 -05 IV -1 -15 I I I f 0 yards 200 puts. 000 seals 1000.wit -2 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. CAC February 14,2013 VIII-6 New Business Attachment C 28 of 34 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. CAC February 14,2013 VIII-6 New Business Attachment C 29 of 34 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 oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 30 of 34 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. CAC February 14,2013 Attachment C 31 o6 4ew Business f 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. T 30 - oisen associates, inc. CAC February 14,2013 VIII-6 New Business Attachment C 32 of 34 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. CAC February 14,2013 VIII-6 New Business Attachment D 33 of 34 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 CAC February 14,2013 VIII-6 New Business Attachment D 34 of 34 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. CAC February 14,2013 VIII-7 New Business 1 of 2 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 staff's 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(1) 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 CAC February 14,2013 VIII-7 New Business 2 of 2 recommending $350,000 in savings as a result of the analysis. This complements the 2012 actual project cost of$336,000. 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. 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 be necessary. GROWTH MANAGEMENT IMPACT: No impact to the growth management plan would result from this Board action. 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 $350,000 in eligible costs for the FY13 Hideaway Beach erosion control structure project based on the January 16, 2013 Proportionality Analysis conducted by Coastal Engineering Consultants and reviewed by Collier County staff, make a finding that this item promotes Tourism and approve necessary budget amendments. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department Attachments: A) Coastal Engineering Consultants Proportionality Analysis dated January 16, 2013. CAC February 14,2013 Attachment A VIII-7 New Business 1 of 14 Hideaway Beach Erosion Control Project Proportionality Analysis 1 Introduction The City of Marco Island's northern beach area has been experiencing significant erosion in the wake of recent storms including Tropical Storm Fay and coastal processes (winds, waves, tides and currents). The upland development and infrastructure are threatened by the continuing erosion. Based on these measured near-term erosion rates, it is expected the building foundations will soon be under direct wave attack as the remaining dune and wetland habitats and upland vegetated lawn areas will be lost to erosion. The Project is located along the City of Marco Island's northern beach area adjacent to the Big Marco River and Gulf of Mexico, Marco Island, Collier County, Sections 5, 6, and 7, Township 52S, Mange 26E, Class III Waters. A location map is presented in Figure 1. r a ,`i / s ''''''''''';',1, rs" v & <�� pis s 5 � a o- i t -,.-,7v" '"'' a, ., , arc j s, r � � .. o , ,rye _ `pRo rs( IIIIIIF..+�C"I1 a , t e a ..,ir .t.1. P`��ROCK REV ", .$t*4, 4 ''''t*:". I' As R . !q fir% �''m — 3 m!` � y• ,nyj i» F.w.pw�6� e #* i M s '" ! �7'' % a . ., e' a e W 4 �' � Figure 1. Project Location Map. 1 January 16, 2013 CAC February 14,2013 Attachment A 2VIII-7 f 14 New Business 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 FDEP permit and USFWS Biological Opinion (draft), and is currently processing the last permit required from the USACE 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) T-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 T-groins were constructed • Ville de Marco initiated seawall and dock repairs along Collier Creek (construction suspended due to contractor issues) 2 January 16, 2013 CAC February 14,2013 Attachment A 3 of 1 New Business 4 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 PZ-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 ft 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 T-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 Hideaway'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 CAC February 14,2013 Attachment A 4 of 14 New Business Hideaway Beach Erosion Control Project Proportionality Analysis • Monitoring surveys(July) of Collier Bay 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$1,036,370. 4 Terminal Jetty The existing terminal jetty located along the west side of the entrance to Collier Bay was constructed by the County in 2005. The jetty was placed within Sovereign Submerged Lands Easement No. 40548, BOT File No. 110337105. A 2001 to 2005 project components map is presented in Figure 2. 5 Collier Bay Entrance Channel 5.1 Introduction The Collier Bay Entrance Channel is located at the junction of the Big Marco River with the entrance channel to Collier Bay, locally known as Collier Creek. The dredge area was placed within a Sovereign Submerged Lands Easement No. 30622, BOT File No. 110222775. The design cut depth is to elevation -11.3 feet NAVD with a 1-foot overdredge tolerance to -12.3 feet NAVD. The design cut width is 80 feet; however, due to the presence of the existing terminal jetty, between approximate Stations 2+00 and 4+50, the dredge cut width reduces by 10 feet (70 feet)to 38 feet(42 feet). Based upon field observations and review of the multiple monitoring surveys, the terminal jetty has filled to capacity by natural sand transport and bypassing is occurring into the channel resulting in a constriction of the Collier Creek waterway. This narrowing has increased the current velocities in the Creek resulting in significant scour along the eastern side of the channel adversely impacting the upland development on the opposite shoreline. The 2012 dredging project, FDEP Permit No. 0305112-001-JC, was completed by the City (design and permitting) and County(construction and construction management)to temporarily alleviate this condition. 4 January 16, 2013 CAC February 14,2013 Attachment A VIII-7 New Business 5of14 Hideaway Beach Erosion Control Project Proportionality Analysis .. mar ' �� *to , 7 � ",_a'*' a ,,°*•',v; s ,_� ,� av`$ i. e , �` ^ av '*V3 r " .@, he. "f ,= X7 14' k ' , 3 xc k „;,.,,,,,,4,.,0,41,w4 kid' �. 't.,. ,"" 4� a 7 •'P y -, fi " • � ` a� y 1\,.\*'*:'''',... � +' ,.d Figure 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 Chronology Description Volume In Permitted Template(CY) 2001 Original Dredging 24,100 2005 Terminal Jetty Unreported April2011 Condition Survey 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 CAC February 14,2013 Attachment A VIII-7 New Business 6of14 Hideaway Beach Erosion 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 High Water (MHW) 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 H-12 and H-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 I 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 CAC February 14,2013 Attachment A 710f 14 New Business Hideaway Beach Erosion Control Project Prop:;lt),:onal:tyl'V Analysis NOTE:AERIAL PHOTOGRAPHY WAS ° 7. yR, rod# - �1. PROVIDED BY COLLIER COUNTY, *,qt ,� .g + - '�, LEGEND '' ,.&!"4--,,I,,,,,-!, _ p� A• 1990 - 7997 CHANGE RATE (FT/YR) �zz9/f . «� - i 7997- 2005 CHANCE RATE (Ff/YR) 11 - I j, ^�20GS - 2G1 0 CHANCE RATE (FT/YR) i•- '.; � - ,' x�Z 1990-2010 CHANGE RATE (Fr/YR) / ' � s ":,:k" ;n f I 3 '' • $ \ .,:,',!-'-'-, ,--,r,,-;:`,. ,"'",;;;,!,:,,kz,.',-;,,,,14',',;,,:.,(;",,411 '.,-j--",-"°:. - ' - , -- 'litti,... .1.., .*'-.‘‘-,:),' '' ,e qtr'. •. s ', 6 :061 ,d. ', r e 7y. ,�'� f -. .- - k r e 11514 'CEifi , ROYAL MARCO �' = r ,i POINT Figure 3. North Hideaway Beach Historic Shoreline Change Rates. t .. W 1 tlOilitr.. i change,ft-e t Y t` ,r 1 . 1 s ' 5 6 at.> i ps I,� '�, 2 it ,- ., 6' Fto s X17-c..J b d,,.-w 0.25 C .. 1. t--.-,---...-,: � �** ( a 0.25 — 3 —_i-7. -s -12 � 'z Aerial Date 2011 �-■ 15 414000 415000 Easting(NAD83,ft) Figure 4. Hideaway Beach North Segment Historic Volume Changes. 7 January 16, 2013 CAC February 14,2013 Attachment A VIII-7 New Business 8of14 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 1 (North Beach segment). The amount of sediment transported out of Cell 1 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 1. 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 USACE in support of the Project design and permitting(CEC, 2011). North Beach Project and Entrance Channel Schematic Sediment Budget silt,,,,,,,,, so s r i ce R# YY ° '7 : ,,• a r" a °a� - " Ili a� Q ; Z O * e" ":� 0, k �:f " e m IN c,3 „ VC A.4144' 1 t2, Aerial Date:2011 s " . 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 CAC February 14,2013 Attachment A 90f 14 New Business 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 CAC February 14,2013 Attachment A VIII-7 New Business 10 of 14 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 Beach as well as prior to the loss of Coconut Island which afforded protection to this shoreline segment. Further, according to the analysis of historic shoreline trends, North Beach was stable between 1990 and 1997. The toe of the fill is located approximately 20 feet landward of the steep river slope to avoid direct losses of the fill into the channel. p m .,r ' � i Fill Thickness m 10 rill '�,� `�^ �, "» 0.06 0.10 050 1 00 1 60 4 oti N � ` , � :" i 'r M , Co fir" \,.,7„,4?,,„.1,7„,,,, ' :,,.:. T-AlittA O 4 M1 k 1990 Shoreline � C Ooh ,s L ° '. �+ a0 ,_ ;,t� Z : ' T Grome y . 'tit''''11 .2 33 _ £ G�`,z, `ha, t@" 4 �S O Beach Fill Toe pr. � iAsa � Beach Fill Crest 4# Beach Fill Landward Limit 126000 126200 126400 126600 Fasting (m) Figure 6. Beach Fill with T-Groins Alternative Design Plan. 10 January 16, 2013 CAC February 14,2013 Attachment A 11ii0 4ew Business 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 10-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 vW " - fez Change . 0.75 i5 o+ •-0 Z o/ fin' `"•. •-0.2 ar�i .-0.5 :err 8 1 -5 400 c within Beach Fill Tern•late -2 `•--12266000 126200 126400 Easting(NAD83,m) BEACH FILL WITH T-GROINS ALTERNATIVE VOLUMETRIC CHANGES 8 — �.-- Change _ 8 i 4 `mod ' (m) E m /(�r 1 2 ccoo , 0.75 C.:2 $ j t' 0.5 0.2 Ln %� 0.1 L r °of -0.2 ..././ 0, -0 1 r 5 V- 0 20.0 c within Beach Fill Tem•late -2 'x126000 126200 126400 Easting(NAD83,m) Figure 7. Analysis of Morphologic Changes and Volumetric Quantities. 11 January 16, 2013 CAC February 14,2013 Attachment A 12 of New Business 12 of 14 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 CAC February 14,2013 Attachment A VIII-7 New Business 13 of 14 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 CAC February 14,2013 Attachment A 14io 4ew Business 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 $315,000 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 (CEC). 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 CAC February 14,2013 VIII-8 New Business 1 of 2 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:Ther e is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: This item will be presented to the Coastal Advisory Committee meeting on February 14, 2013 and to the Tourist Development Committee meeting on February 25, 2013. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action.—CMG CAC February 14,2013 VIII-8 New Business 2 of 2 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 CAC February 14,2013 VIII-8 New Business 1 of 3 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 1 CAC February 14,2013 VIII-8 New Business 2 of 3 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 2 CAC February 14,2013 VIII-8 New Business 3 of 3 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 3 CAC February 14,2013 VIII-9 New Busines 1 of 31 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. CAC February 14,2013 VIII-9 New Busines 2 of 31 ., - '''r.. :: 4#,k Onshore Disposal Areas Nearshore Disposal l +,: ,£, s Area 1. yr ; 1 1 , 1 i`' Flood Shoal tik Ebb Shoal Disposal L. i Disposal Area Area i , ,.�. N,-., �! .77 yam.. iy ✓ f , , �: ✓ $ _...,�". ...✓ �1 .y ' ;'y t Dredge Area -`_ 4' ' y Y, ,. M Nearshore Disposal Area `f. .. , ,.---- At i,f-,... ..-t;".......N. `, rig . \ .: r:: .,. . ` ' .,� Onshore Disposal Area h' \ ,' , , \t , it I eincr !JV Irons P:),S cute nark ph-00.A#xtI 7012 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. CAC February 14,2013 VIII-9 New Busines 3of31 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 olsen associates, inc. CAC February 14,2013 VIII-9 New Busines 4 of31 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 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. , 41:4A4,4' - �: a �r �� of w A! 9 "x i gg"," 00X., t1 ' ' ro B ',irk.14:°: 'SA.. .9' l 1 7. kY.'py 3 4 /��___��fffaaa ", Spa�x , �-t, ` i ,p 4`x [1 ",4 °Y. ". � , :,' '.'' '°!^s ax . 'oa .mss1 d1O �� £ a , " " OUT DEPTH f. inn: ,■ 4 a t; ' . 41x.«:,$ ) € xb '' � t a . try e TRANSITION •120'To.7.7'NAVDCUT DEPTH sk ...6� , 1d+lEPT HNS PASS ' P t ° E58 SHOAL OHANN ' �( j NAVD OUT DEPTH ?' e '-1��C DREDGE �.. C3t/LF AREA r i '' '''';' "'v,:k7'i•I',''''''',, b � .,.�� z tae 0 s NO E5. ° LEGEND 111 � 1. COORD.NATES ARE IN FEET BASED ON R-17 FDEP MONUMENT 2011 CPE VIBRACORES SYSTEM,EAST ZONE N RAMERK:AN 2008 CPE MANGROVES © 2009 CPE VIBRACORFS I DATUM OF 1483 ARE IN F. 2009 CPE EDGE OF .` 2009 CPE JET PROBES 2. VIBRACORE NUMBERS PROVIDED IN MANGROVE ATTACHMENT 27. 2000 CP£SEAGRJIS5 ; 2000 HUMISTON E MOORS 2 3 ?005AERIAL PHOTOGRAPHY FROM PIELD POINTS V RACORES sari COLLIER COUNTY PROPERTY APPRAISER 2011 CPE SEAGRASS (.."�.*T FLOOD 644°A4;DISPOSAL AREA bAlt: OFFICE. FIELD POM':5 4. THERE IS Al'OVEROREDOE BELOW THE FtELDASS AREA m EBB SHOAL DSPO,SAi.,ANA 1/13/12 DEPTHS SHOWN HERE. BY: NOT FOR CONSTRUCTION "' aK rz. rr hell .„ C FOR REGULATORY REVIEW ONLY crSF:��?� �� "" ' 0500.83 STEPHEN KEEHN P.E. 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 • the figure). _ 4- olsen associates, inc. CAC February 14,2013 VIII-9 New Busines 5 of 31 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 modern 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. ry 14,2013 CAC February New Busines 6 of 31 • 1953 1 . _�.� 1958 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. oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 7of31 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. CAC February 14,2013 VIII-9 New Busines 8of31 5,, Likewise, the continued influx of sand Flow conmbutwns bC nteno waterways hom. numerical mooeling tcPaE.2012) from the State Park shoreline — immediately south of the inlet — will continue to build u the shoal that P J chronically lies along the inlet's south bank, just west of the channel to Water f Turkey Bay. This shoal acts to push the channel northward, enhancing the meander. N.,4atl y 's ^P � ' 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 �20,0 �t sum of the three interior waterways. Flow contributions of inYarKK waterways witn assumed 12%Increase in Routh channel flaw .° x ` 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 Awl2010 �_.,. . � waterways. g_ olsen associates, inc. CAC February 14,2013 VIII-9 New Busines 9 of 31 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. r�_ oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 10 of 31 of �, 8 .4.: ,,,,:'l',,ii:tA,A,,,° .9....Vii�a } , Figure 5—Approximate historical , ''�` channel thalweg(centerline) • 1 ',., locations digitized from available LEG'ENO ' , ';, aerial photography. 1 :;�,„ ,. r � (The locations • 197 9 „ _ i' for images from 1999 through 2010 + are from Google Earth; those from 6/2007------ ti 1962 and 1976 are from images that :..11/2009• a �✓',i' cc » 5/2°+11 xE A are best-fit to the modern images s•311+ ,�K, and may be slightly less accurate.) 2007 bathymetry for Wiggins pass iii Cross sectional area of flow , -—1174- s 11 1970 condition zaor A __... '' 'fin - 1g#'• 2 ' d 4 f 4�: _ .s. ' '1\4 ' ''''.'' -+1100 -1200 -sea -4p 0y .400 Wiggins pass cross section area prior to initial dredging of 1884 rx - 10- Cross-sectional area of flow P ,., 11 —2000 4 _• 2007 condition ,,. 0=^ ### 4 111 - .1100 42011 -800 -400 00 �" Wiggins pass cross section area for 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_ oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 11 of 31 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. ''6. r* \ . i .. x ice. ,. .; �. -, - Onshore Disposal Areas ` •i' Nearshore Dsposal Area ,., p Flood Shoal .. , Disposal Area � Ebb Shoal Disposal ' ` Area ,,' \„,,,M _---k--•,. _ cam _-------- ! '.;a 1 I ...r...,�, y . ,. ill y_W..r r Recent Thalweg 3 «i ,�- ' ° Locations, '.•rox. A,,,,,. £ x - . Dredge Area ;.. �'•. ' :> i - i Nearshore Disposal Area f LEGEND '1'.' ` '. 1962 ,. 4,. 1976 ------ I 1 f 1, 'fir . 1/1999 1 12/2004• 1 i, ' Onshore Disposal Area i ,11‘ '° 5/2007 ._....... ;e 11/2008------ R r. \\ 4/2010 r. t 1 Del•'r Wsggv-s f-:,ass S•ite Park:.. Photo..A,prit 2012 1} ,: • .. Figure 7—Proposed inlet improvements with historical thalweg locations. 11- olsen associates, inc. CAC February 14,2013 VIII-9 New Busines 12 of 31 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 - oisen associates, inc. U 1 W n H 0 ON aa I. .n O N O N U7 ch i N • r ri.444. a Q d Gxa ? ,�f� O$ o M cv C'7 U) n _ kb-- - * E Q r O O C1 N r CA r ' r 4 4 B� i �y F� �3F N€g N N C7 M ,.r CAC February 14,2013 VIII-9 New Busines 14of31 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- olsen associates, inc. CAC February 14,2013 VIII-9 New Busines 15of31 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. CAC February 14,2013 VIII-9 New Busines 16 of 31 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 otsen associates, inc. CAC February 14,2013 VIII-9 New Busines 17 of 31 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. CAC February 14,2013 VIII-9 New Busines 18of31 4. • t C89099(8) • 9 'max • z.. ..a,- 8.5 ■w '7 t i5 7 1'z 8.5 .......t E ?'5 5 m�.B 4 !�' '� ," � 13.5 ` d Z5 0 4:7 �� 5.,,,,,:,, •2 -2.5 - - 5 7J • mss"'_- t`u' Ili V ,_ O k+fet tlretlpe Mmpeb £ � R a rs ,so Apo Figure 15.Bathymetry change(in ft)between 2007(post dredge survey)and June 2008. Faihynlotr ii'''; Change(I) ■ 2 WII.,,,....,t, >'- ��. ' ar 5 p5 21.630 in': r i28.3+10AAt2r) 1$ u[Aeeh nunelnl,inn in the ch.e00ei i ,., t Figure 28.Simulated morphology change,calibration run 432 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- Olsen associates, Inc. CAC VIII-9 FebruaryNew Busines 14,2013 19 of 31 Sediment Transport(mrm/s) t �; , r:e ,,. , t s , , a y , Figure'4' 0.Patterns and magnitude of net annual sediment transport potential.The darker the color brown and the larger the arrows,equates to higher sediment transport. Figure 10—Predicted net sediment transport potential within the study area. (CPE, 2009) ..B Sediment '" 1 transport(Ito'6rs/m) , *,, *.,',4',.'.:,',,,* %erHJ5 !f$ s !its ' ,, @ 3ad305 L t 'r X 4 Sird3U5 a�' 4 ��. v ,, 42e 005 , •�+' 3.54-009 i ,,,/,*;" rep i tr 44Xxi5 a /111111' X s a '. 1 e ny 11111111111111111L. ... 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. CAC February 14,2013 VIII-9 New Busines 20of31 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. CAC February 14,2013 VIII-9 New Busines 21 of 31 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 oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 22of31 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 - olsen associates, inc. 23 CAC of Februa31 ry 14,2013 VIII-9 New Busines Water N Depth(m) 0.5 C � -0.25 -1 .:x �•. . " -1.75 ili -2.5 , a H _.,........ 3.25 -4.75 -5.5 -6.25 -7 1 I I I I 1 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. r Water Depth(m) 0.5 --0.25 . ' '-1.75 fit° & 2.5 nom._ �' �, - .° -3.25 -4.75 ' ,:,";''''';': A ' ' 8.25 1 1 I 1 I I a..50 vant5 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. 3 oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 24of31 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). v. Erosion/ Sedimentation(m) 1 73 1 1 ,1 2 15 tww 0.5 ‘iii t 9t i05 xb ii I I I I Vvat& *w y„dx :J505am 2 Figure 29-Cumulative erosion/sedimentation-New Alternative(1 year). . Relative Change(m) 2 1 i,. 1.5 1 °"" 0.5 - 0 4,14t°14717."''',d-t7,-pea AM ' :4 1 -15 1 1 1 1 1 1 n8quds 750ymds MO>sr6 -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- oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 25 of 31 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. CAC February 14,2013 VIII-9 New Busines 26 of 31 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 P ; Change(m) 2 1.5 1 0.5 ' - -- - '. -0.5 • 1411111r -1 -1.5 I t I I I 0 yards 250 ids 400 yanb 10(K+rmLLf -2 -s 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- oisen associates, inc. CAC February 14,2013 VIII-9 New Busines 27of31 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. CAC February 14,2013 VIII-9 New Busines 28 of 31 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. CAC February 14,2013 VIII-9 New Busines 29 of 31 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. CAC February 14,2013 VIII-9 New Busines 30 of 31 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. CAC February 14,2013 VIII-9 New Busines 31 of 31 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. CAC February 14,2013 VIII-10 New Business 1 of 2 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 CAC February 14,2013 VIII-10 New Business 2 of 2 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.