from: mcalpingary sent: tuesday, august 31, 2010 3:52 pm

From: McAlpinGary Sent: Tuesday, August 31, 2010 3:52 PM To: hambright_g Subject: FW: Update on Wiggins Pass Issues This with the attachments is Staff Reports #6. Attach the attachments on the website and the CAC Agenda. _____________________________________________ From: McAlpinGary Sent: Tuesday, August 31, 2010 3:49 PM To: '[email protected]'; 'Victor N Rios'; 'Bob Raymond' Cc: '[email protected]'; Steve Keehn; Nicole Sharp Subject: Update on Wiggins Pass Issues

Joe, Attached is an update on the status of Coastal and Pass activities for Wiggins Pass. After your review a wider distribution can be made.

1. Maintenance dredging of the old permit foot print for immediate navigation relief: a. We have submitted our permit application on the same dredging basis as the expired

permit. We received RAI#1 from FDEP on 8/26/2010 which I have attached. We are in the process of answering this RAI and should have our technical responses to FDEP by the end of next week. We are not concerned about any of the State requests except for the possible exception of items 31 and 33. Most of the information that FDEP is requesting was submitted in the original permit submittal and it is simply a matter of educating them to where the information is contained or specifics they have with individual items.

b. Item 31 requests a current Biological Opinion from Fish and Wildlife Service. Preliminary discussions with FWS indicated that they felt that a new Biological Opinion was not required and the old one could be used. We are requesting that FWS confirm this in writing to FDEP. This item should be resolved within the next week. We were not expecting this item in this 8/26/2010 RAI request. If a new Biological opinion is required, it will delay this project 90 days unless FWS can be expedited.

c. DWSP is requesting design modifications in the vicinity of R17 that need to be addressed. I am attaching their 8/28/2010 letter also. We believe that we can show historically that erosion concerns that they claim in the vicinity of R-17 are not permanent and a result of the normal erosional/accretional nature of the area. We can also show that DWSP has accreted in the past 10 years since the old permit was in effect. Regardless, it will take time to discuss and resolve this issues with FDEP and the Park Service.

CAC September 9, 2010 VII-6 Staff Reports 1 of 59

d. We will request a meeting in Tallahassee with FDEP and the Park Service as soon as our RAI comments are submitted.

e. A letter of consistency is attached from Collier County Growth Management Division. f. Our intent is to prepare bid packages by October 1, 2020 and have bidding complete by

10/31/2010. We will not be able to award a contract till the permits are in hand. At this point with the exception of a new Biological Opinion being required, mobilization of a dredge should occur just after the first of the new year 2011.

2. New Channel Navigation Improvements/Straightening Project: a. Recent changes to the State of Florida’s Consultants Competitive Negotiation Act

(CCNA) requires staff to solicit RFP from consultants on any engineering scope of work that would result in a construction contract of $2,000,000 or more. Since staff was in the process of negotiating additional work with Coastal Planning and Engineering (that was added by an RAI by FDEP and would result in construction over $2,000,000) when this state CCNA ordinance was changed, we are now required to solicit a RFP for this additional work.

b. An RFP has been prepared and is currently out for solicitation. A copy is attached and proposals are due by 9/24/2010. It will probably take an additional two months to have a consultant in place for work to begin again on this project. Until this is completed, work on this project is on hold. Work should begin again in the November 2010 timeframe.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.


Florida Department of

Environmental Protection Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Charlie Crist

Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole

Secretary

“More Protection, Less Process”

www.dep.state.fl.us

August 26, 2010

Collier County

3301 E. Tamiami Trail

Naples, FL 34112

c/o Stephen Keene

Coastal Planning and Engineering, Inc.

2481 NW Boca Raton Blvd.

Boca Raton, FL 33431

REQUEST FOR ADDITIONAL INFORMATION (RAI #1)

JCP File Number: 0142538-009-JC, Collier County

Applicant Name: Collier County

Project Name: Wiggins Pass Maintenance Dredging

Dear Mr. Keene:

This letter is to acknowledge receipt of your application on July 27, 2010 for a Joint Coastal

Permit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes; and authorization

to use state-owned submerged lands, pursuant to Chapter 253 and 258, Florida Statutes.

Please be advised that your permit application is considered to be incomplete as provided for by

Chapter 120.60, Florida Statutes, and Rule 62B-49, Florida Administrative Code. Receipt of

information listed below is required. The items of information are numbered to correspond with

the item numbers on the application form.

When replying to this Request for Additional Information (RAI), please address your response to

my attention (the undersigned permit processor). Please keep your RAI response separate from

Scope of Work (SOW) submittals to the Project Manager in the Bureau's Beach Erosion Control

Program. Misdirecting your response or combining your response with SOW matters will delay

the review of your application. Please feel free to courtesy copy any other individuals with your

response, but only responses addressed to the permit processor will be reviewed as part of your

permit application.

Please submit three (3) hard copies of your response. Also, please prepare and submit one

(1) electronic copy of your response (response document text, all attachments, and

drawings) and submit it on a CD in Adobe Acrobat Reader (.pdf) format.


Request for Additional Information (RAI #1)

Permit No. 0142538-009-JC

Wiggins Pass Maintenance Dredging

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5. Describe in general terms the proposed activity including any phasing.

Please correct the discrepancies in the datum between the project description and the permit

drawings.

Project description in Attachment 5 states, for the segment of the channel between

stations 0+00 and 1+00, the dredge depth is -7.5 feet, MLW and between station 2+00

and 15+00, the dredge depth is -12 feet, MLW, excluding the 1 foot overdredge

allowance.

Permit sketches of Attachment 24 provide cross-sectional profile plots of the channel at

stations 0+00 through 14+00. For stations 0+00 through 2+00, the dredge depth is -8.7

feet, NAVD and for stations 3+00 through 13+00, the dredge depth is -13.2 feet, NAVD,

excluding the 1 foot overdredge allowance.

Assuming the dredging plan for the channel is as indicated in the permit sketches of

Attachment 24, please confirm that: for the segment of the channel between stations

0+00 and 2+00, the dredge depth is -8.7 feet (not -9.2 feet), NAVD and for the segment

of the channel between stations 3+00 and 13+00, the dredge depth is -13.2 feet (not -13.7

feet), NAVD, such that, for the segment of the channel between stations 2+00 and 3+00,

the dredge depth will gradually slope seaward from -8.7 feet to -13.2 feet, NAVD.

Limit the seaward dredging distance of the channel to station 13+00 or 14+00 to be consistent

between the project description (item 5) and the permit sketches (item 24), since little or no

material will be dredged between stations 14+00 and 15+00. We acknowledge that all of the

dredged material from the channel in this dredging event will be placed in the most effective area

below MLW of Barefoot Beach State Preserve (between approximately R-11.4 and R-14.2).

If the applicant or the applicant’s consultant has any questions about this comment or

information requested above, please contact Subarna Malakar, Coastal Engineer, at 850-

488-7847.

10. Please identify by number any JCP / DBS / Wetland Resource / ERP / ACOE Permits

pending, issued or denied for projects at the location, and any related enforcement

actions.

The JCP Compliance officer has indicated that a deliverable for your previous project is

apparently now past due. Please immediately contact the JCP Compliance Officer to discuss

resolution of the apparently missing deliverables outlined here. She states: “Our records system

shows that the following item is past due for Collier County, coincidentally it is for Wiggins

Pass: Wiggins Pass Maintenance Dredging 0142538-001-JC- Boating navigation survey was

required to be conducted in 2009 and submitted 90 days later. The last boating navigation

survey received was completed in 2004. The requirements are provided on page 14 of the

permit:”





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11. Have you obtained approval from the Department of State, Division of Historical

Resources? If yes, provide a copy of the letter of approval.

We have requested this information on your behalf, but it has not yet been received. No further

action is required of you at this time, however, you application will remain incomplete until the

information is received.

13. A copy of the Division of State Lands title determination. If you do not have title

determination, department staff will request that the Division of State Lands conduct a

title check.

The title information check on your project reveals two existing easements (No. 30353 (5165-

11)) and 29908 (5265-11)) and one existing lease (No. 3869 to Collier County for Barefoot

Beach State Recreation Center) in the current project area - as well as state owned submerged

lands. Your project will require a “letter of no objection” from the other easement/lease holder,

and the applicant is required to obtain and submit those letters to FDEP.

19. Written evidence, provided by the appropriate governmental agency having jurisdiction

over the activity, that the proposed activity, as submitted to the Department, is consistent

with the state-approved Local Comprehensive Plan.

We acknowledge that you will provide this information. Your application will remain

incomplete pending your response.

23. Complete sets of construction plans and specification for the proposed activity, certified

by an engineer duly registered pursuant to Chapter 471, Florida Statutes. The plans

shall clearly distinguish between existing and proposed structures and grades, and shall

include the following:

a. Plan view of the proposed activity depicting the mean high-water line, any easement

boundary and the erosion control line (if applicable) within the area of influence of

the proposed activity. Identify the boundaries of significant geographical features

(e.g., channels, shoals) and natural communities (e.g., submerged grass beds,

hardbottom or mangroves) within the area of influence of the activity. Include a

north arrow and a scale bar on each drawing.

Full-size scaled drawings were not received in your application. However, these

drawings can be submitted as a Notice to Proceed Item.

Please show the MHWL, easements, the requested mixing zone, OFW limits and

Aquatic Preserve/State Park boundaries on PV-1. This is a new permit application -

for clarity, please eliminate the 2000 permit dredge template on PV-1 and only

include the dredge limits requested in the current application.





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Please see Item 5 above and Item 33a below. Your application will remain

incomplete pending receipt of revised drawings and/or project description.

c. Details of construction, including materials and general construction procedures and

equipment to be used (e.g., construction access, dredging method, dredged material

containment, pipeline location).

We acknowledge you will use a cutter-head hydraulic dredge and booster pump/spill

barge system for the dredge and nearshore placement work. You state the pipeline

will be limited to use areas shown on drawing page PV-1. If your response to Items

28 and 33d below show natural resources in this area (based upon a survey performed

<6 months ago), the contractor work area may need to be redesigned to avoid

impacts.

24. In addition to the full-size drawings requested above, the information required under

Paragraphs (20), (22) and (23) above shall be provided on 8 1/2-inch by 11-inch paper,

certified by an engineer duly registered pursuant to Chapter 471, Florida Statutes. Each

drawing shall include an accurate scale or dimensions, and all information shown on the

drawing shall be clearly legible.

Please address Items 23a and c above on the smaller drawings. Although the 8.5 x 11 inch

drawings were legible, use of a larger font on any revised drawings, when possible, would be an

improvement.

25. An aerial photograph or map with a scale of 1” = 200’, showing: the project boundaries,

DNR Reference Monument locations, major county landmarks, boundaries of significant

natural communities (e.g., submerged aquatic vegetation, hardbottom or mangroves) and

special aquatic or terrestrial sites (parks, sanctuaries, refuges, Outstanding Florida

Waters, aquatic preserves, etc.) within the project boundary and a minimum of 1,000 feet

in both shore parallel directions of the project boundary.

Please clarify why the legend on page 7 of 7 indicates “August 2009 SSS survey” yet the

narrative under Item 21 references a July 2009 CPE hardbottom survey was performed. What do

the initials in SSS survey represent? If there is a field report summarizing that survey, please

include as part of your response it in support of Item 28. We note the proximity of OFW to the

project work area, which sometimes overlap. Please note that turbidity may not exceed

background levels inside OFW boundaries (please see items 33d and 34 below).

27. Permit applications for excavation or fill activities shall include the following detailed

information concerning the material to be excavated and the existing or native material

at the beach fill site:





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a. Site plans showing the location of all core borings and the boundaries of the area to

be excavated.

Please provide a new plan view of the area to be dredged showing the core locations and

boundaries of the individual dredge areas if necessary to address the remaining comments

under item #27.

c. Particle size and color analysis of the sediment. Gradation curves, frequency

distribution curves and data analysis sheets should be produced from sieve analysis

of each stratum in the core. Grain size distribution must be determined down to the

standard unit 230 sieve size. Color analysis of moist sediment should use Munsell

system of hue, value and chroma.

The information provided in the application submittal indicates that there are vibracores

(the 2009 CPE vibracores) in the dredge area. According to the map provided there are

no vibracores in the dredge area. How is this material being characterized? Is there any

evidence from past dredge events that would indicate the material from the dredge area is

expected to be beach compatible?

f. A sediment QA/QC plan that will ensure that the sediment to be used for beach

restoration or nourishment will meet the standards set forth in paragraph 62B-

41.007(2)(j), F.A.C.

Please provide a sediment QA/QC plan required in Chapter 62B-41.008(1)(k)4.b. This is

a completeness item that needs to be reviewed and approved during the application review

process, not as a Notice to Proceed item. The maintenance dredge template sediment

QA/QC plan should be used for this project.

28. Using an established natural community classification system, describe each natural

community within the area of influence of the proposed activity and include:

a. Acreage.

b. Identification of the flora and fauna to the lowest taxon practicable.

c. Characterization of dominant and important flora and fauna and estimates of

percent biotic cover.

d. Sampling locations, date of sampling or measurements and methods used for

sampling.

In 1994 hardbottom was apparently found close to the nearshore disposal areas shown on the

drawings submitted under Item 25. The permit drawings (Item24) include a note that says

hardbottom details represent 1994 and 2009 CPE sidescan sonar results. Is this based upon an

in-water survey? If so, provide the data from this survey in support of Item 28. If not, a recent

baseline natural resource survey off Barefoot Beach, conducted during the summer months is





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required to be submitted as a completeness item. Please differentiate between ephemeral (less

than 30cm of sand depth coverage) and persistently exposed nearshore hardbottom in these

surveys. Biological monitoring will be required at all hardbottom adjacent to the Pass or within

400 feet of any nearshore disposal areas. The applicant/agent is advised to contact Dr.

Kosmynin about the current requirements of the post-construction biological monitoring plan

and the in-water baseline survey prior to conducting this survey in the field. The previous

Collier County project can be used as a basis for developing a similar protocol even if the

specific transect and quadrat locations will differ.

30. Results of available wildlife surveys that have been conducted on the site, and any

comments pertaining to the proposed activity from the Florida Fish and Wildlife

Conservation Commission.

How high will the nearshore berm be below Mean Low Water after the dredged material is

disposed of in the nearshore?

Since the project does not involve any activity above Mean High Water, FWC don’t see any

major turtle or shorebird issues with this project if it takes place outside sea turtle nesting season

and no activity takes place on the beach. Updated Manatee conditions will apply.

31. A current Biological Opinion from the U.S. Fish and Wildlife Service or the National

Marine Fisheries Service, when the Florida Wildlife Conservation Commission has

determined that the proposed project will result in a take of marine turtles, which could

not be authorized without an incidental take determination under federal law.

We acknowledge your statement that a biological opinion is not needed because the dredged

material is being disposed of in the nearshore marine environment with no creation of a new

beach or shoal. The project does not involve any activity above Mean High Water. However,

FWC has asked USFWS to confirm whether or not this project needs a BO.

33. Analysis of the expected effect of the proposed activity on the coastal system including

but not limited to:

a. Analysis of the expected physical effect of the proposed activity on the existing

coastal conditions and natural shore and inlet processes. The analysis should

include a quantitative description of the existing coastal system, the performance

objectives of the proposed activity, the design parameters and assumptions, relevant

computations, validation of the results and the data used in the analysis.

An abridged engineering report (Attachment No. 33a) was submitted with the permit

application for Item 33a. The objectives of the report are to improve navigation and

reduce erosion on Barefoot Beach State Preserve.





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There are some figures (#2, 3, 4 & 11) referred to but missing in the report.

Please provide the missing figures.

Comment: An updated sediment budget was developed for Wiggins Pass

and adjacent shorelines. Analysis of the sediment budget and the sediment

transport directions seems to indicate the inlet is being refilled after

dredging from both south and north of Wiggins Pass.

The report states “The erosion on Barefoot Beach is partially caused by sand lost to

the inlet after dredging, but the major cause is a lack of sand bypassing.” Dredging

the channel (ebb shoal) does not seem to help with the long term reduction of erosion

at Barefoot Beach. It appears dredging the channel is mainly to improve navigation,

temporarily.

A cross-sectional profile of the rock or rubble substrate at station 1+00 is

shown in Figure 13. What is the extent of this rock or rubble substrate across

the stations about station 1+00?

If the applicant or the applicant’s consultant has any questions about this

comment or information requested, please contact Subarna Malakar, Coastal

Engineer, at 850-488-7847.

DEP – Parks and Recreation staff expressed support for a maintenance dredging

project for Wiggins Pass; however, they would like the applicant to consider design

modifications to alleviate post-construction erosion concerns in the vicinity of R-17

in Delnor-Wiggins Park. Please respond to the issues raised in the attached letter from

DEP Parks and Recreation.

b. Analysis of the compatibility of the fill material with respect to the native sediment at

the placement site. The analysis should include all relevant computations, the overfill

ratios, and superimposed graphs of the cumulative grain-size distribution and the

frequency distribution of the fill material over the data for the existing or native

sediment at the placement site. Provide computations of borrow area volume and

composite fill material characteristics (mean grain size and sorting, percent

carbonate content) in an electronic spreadsheet.

Please update the compatibility analysis if necessary based upon the responses to item

27 above.

d. Analysis of how water quality and natural communities would be affected by the

proposed project. Provide graphic representation (depiction) of the area of direct

and secondary influence of the proposed activity and delineate the natural

communities within that area. All required surveys shall be representative of

conditions existing at the time of submittal. Surveys of submerged aquatic vegetation

(SAV) shall be conducted in the field during the growing season for a given climatic





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region such that they capture the full areal extent and biomass of the SAV community.

Species composition and spatial distribution shall also be addressed by the survey.

Estimate the affected acreage of each impacted community.

Please respond to the issues raised in the attached letter from DEP Parks and

Recreation.

Water Quality: Some project areas are designated Outstanding Florida Waters, and

will be subject to 0 NTU turbidity above background conditions at the edge of the

mixing zone during all construction activities within their boundary. Post-

construction turbidity and the general effect of the project on water quality within the

project area is of concern to the Department for meeting the permitting and water

quality standards. Can dredge and placement areas be adjusted to eliminate turbidity

in OFW? Please discuss the during- and post-construction turbidity expected from

the project, paying particular attention the need for a mixing zone variance in OFW.

Note: If a mixing zone is proposed, provide a narrative description and graphic

representation of the mixing zone. Identify any areas within the proposed mixing

zone that contain significant submerged resources. Explain why the size of the

proposed mixing zone is the minimum necessary to meet water quality standards and

provide justification for that size.

Mixing Zone: What will be the size of the mixing zone for this project? The generic

turbidity monitoring protocol submitted suggests it may be 150 meters in diameter.

The applicant must justify the size of any mixing zone citing your project specific

conditions, whether or not a variance is required. Provide justification for that mixing

zone size (in both the offshore and downcurrent directions) even if it is less than the

150 meters size that the Department is authorized to issue without a variance. In your

response specifically address the additional limitations on work in OFW. If you do

request a mixing zone variance please address the variance application requirements

of Rule 62-110.104 FAC. Your application should:

provide documentation as to why “There is no practicable means known

or available for the adequate control of the pollution involved.”

provide justification for the requested size;

demonstrate why that size is the minimum necessary to meet the turbidity

standard;

list the turbidity control measures that will be used to minimize turbidity;

show the hardbottom resources that would be encompassed within the

mixing zone;

provide a graphic representation of the requested mixing zone.

identify any areas within the proposed mixing zone that contain significant

submerged resources.





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discuss how the elevated turbidity within the mixing zone would affect the

encompassed hardbottom communities; and

include the additional variance fee

e. Reasonable assurances that a regulated activity will not cause unacceptable

cumulative impacts pursuant to Rules 40X-4.302(1)(b) and 62B-41.002(19)((b),

F.A.C.

Cumulative impact avoidance would include avoidance or minimization of

sedimentation and light reduction (chronic turbidity) to seagrasses in the pass and

nearshore hardbottom off the beaches, which is missing from the explanation

provided in this response. This item will remain incomplete pending your

response to the other items listed in this RAI.

34. Describe the location and details of the erosion, sediment and turbidity control measures

to be implemented during each phase of construction and all other measures used to

minimize adverse effects to water quality.

Note the turbidity monitoring standards you propose may not be sufficient to meet the OFW

requirements in all project areas. What level of turbidity (specify maximum and average

NTU’s) can be expected in each of these areas during construction? After construction?

37. A narrative description of any proposed mitigation plans, pursuant to Rule 62-345,

F.A.C., including purpose, a comparison between the functions of the impact site to the

mitigation site, maintenance, monitoring, estimated cost, construction sequence and

techniques. For proposed artificial reefs, indicate the water depth, depth of sand

overlying bedrock, proposed relief and materials (type, size and shape).

Please respond to the issues raised in the attached letter from DEP Parks and Recreation about

down drift erosion triggers.

If native dune vegetation will be planted on Delnor-Wiggins Park for erosion control, please

include detailed plan view and cross-sectional drawings of the planting plan in your permit

sketches. Ensure there is sufficient detail as to the size, species and distance between planting

units in your drawing. Please elaborate on the irrigation details (or state on the plans there will

be none) and how public access will be controlled immediately after planting. Include any

replanting plan details and planting success criteria in your response.

A physical monitoring plan may be required for this project. A biological monitoring plan will

be required for this project (see item 28 above). Please submit drafts of both for review in your

response.

39. A fee, as set forth in Rule 62B-49.006, F.A.C.





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The sum of the fees required by Chapters 62-4, 62B-41, and 18-21, Florida Administrative Code,

has been calculated as $11,120. Please submit this amount by check made out to the Department

of Environmental Protection, with the DEP File No. 142538-009-JC clearly indicated on the face

of the check. A breakdown of the fees is as follows: Rule 62-4.050(4)(h)1.b. requires $9,120 for

the total area of 17.7 acres of wetlands or surface waters directly affected by construction, Rule

62B-41.0085(3)(c) requires $2,000 for the 50,000 cy designated for offshore disposal. If a

mixing zone variance is requested an additional variance application processing fee of $830

will also be required in addition to the above fees.

Please note that the fee calculated above must be sent to the Department within 45 days of

submittal of your response (or partial response) to this RAI, or the application shall be denied

(without prejudice) according to Rule 62B-49.006, F.A.C. If you believe that there is an error in

the fee calculation, please contact Bureau staff BEFORE submitting your response to this RAI.

The Southwest Florida Regional Planning Council has reviewed the information contained in the

application, and on local knowledge, the project has been found to be regionally significant and

consistent with adopted goals, objectives, and policies of the Strategic Regional Policy Plan.

They further find the construction is in order with the prior dredging of the Pass and the county

will be following the proper sea turtle and shore bird protocols and working outside of the

nesting season. They provide no additional comments.

Please publish the enclosed Notice of Application. Pursuant to Section 403.815, Florida Statutes

and Rule 62-110.106, Florida Administrative Code, you (the applicant) are required to publish at

your own expense the enclosed Notice of Application. This notice shall be published one time

only within 14 days, in the legal ad section of a newspaper of general circulation in the area

affected. For the purpose of this rule, "publication in a newspaper of general circulation in the

area affected" means publication in a newspaper meeting the requirements of Sections 50.011

and 50.031, Florida Statutes, in the county where the activity is to take place. The applicant shall

provide proof of publication to the Department within seven (7) days of publication.

If the applicant fails to provide all information required to complete the application within six (6)

months after a request for additional information has been sent, the staff will close the permit

application file after written notice to the applicant, except that a request for an extension of time

for a period agreeable to the Department, but not to exceed one year, shall be granted upon

demonstration by the applicant that the delay in completion of the application has been caused by

matters beyond the control of the applicant. Application files closed under these procedures

shall be closed without prejudice and a new application, accompanied by the appropriate fee,

shall be required to renew the application.

If the processing of the application is prolonged, or if a storm event is known to have altered the

shoreline such that the staff determines that the topographic and bathymetric survey data is no





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longer adequate to complete its analysis, then an updated survey shall be required as specified in

Item No. 20 above. In the event that an updated survey is required, the application shall be

treated as an amended application.

If I may be of any further assistance, please contact me at the letterhead address (add Mail

Station 300), by e-mail at [email protected] or by telephone at (850) 413-7785.

Sincerely,

Merrie Beth Neely, Ph.D.

Processor, Environmental Specialist III

Bureau of Beaches and Coastal Systems

Enclosure(s): Notice of Application

Jeff Raley’s Parks and Recreation Memo (draft version 8-25-10)

2009 Manatee Conditions for In-water work (FWC)

cc:

Gary McAlpin, Collier County

Lucy Blair, DEP, South District

Jeff Raley, DRP

Parks Small, DRP

Subarna Malakar, BBCS

Mike Barnett, BBCS

Vladimir Kosmynin, BBCS

Bob Brantly, BBCS

Jenn Koch, BBCS

Lainie Edwards, BBCS

Vince George, BBCS

Paden Woodruff, BBCS

Alex Reed, BBCS

Roxane Dow, BBCS

JCP Compliance, BBCS

Stephen Fleming USACE

Marcia Cravens


mailto:[email protected]

1

Collier County Growth Management Division/Planning and Regulation Land Development Services Department, Comprehensive Planning Section

Memorandum

To: Gary McAlpin, Director Coastal Zone Management Department

From: Michele R. Mosca, AICP, Principal Planner Land Development Services Department, Comprehensive Planning Section Date: August 30, 2010 RE: Petition PL20100001441 (CPCD-2010-7), Comprehensive Plan Consistency Determination

for Wiggins Pass Interim Maintenance Dredging, located within Section 17, Township 48 South, Range 25 East, Collier County, Florida. (Memorandum is needed to satisfy requirements of the Florida Department of Environmental Protection.)

The Elements under review for this Consistency Determination are the Future Land Use Element and Conservation and Coastal Management Element of the Growth Management Plan. Below is staff’s analysis. Project Summary: Per the submitted request, the proposed project involves maintenance dredging to widen and deepen the channel at Wiggins Pass, and the placement of dredged materials in the near-shore of Barefoot Beach.

A. Consistency with the Future Land Use Element (FLUE) The proposed dredging area is located within the Conservation designated area on the countywide Future Land Use map, and within the Coastal High Hazard Area. The Future Land Use Element does not specifically address dredging. However, the proposed dredging is intended to deepen and widen the channel at Wiggins Pass to restore navigable depths. This function pertains, in part, to providing access to waterways, which is promoted and supported in certain Goals, Objectives and Policies of the Future Land Use Element (and Recreation and Open Space Element and Conservation and Coastal Management Element) of the Growth Management Plan and allowed by the Conservation designation. Therefore, the Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the Goals, Objectives and Policies of the Future Land Use Element.


2

Community Development and Environmental Services Division Comprehensive Planning Department

B. Consistency with the Conservation and Coastal Management Element, including the

Manatee Protection Plan (review completed by Stephen Lenberger) Policy 10.4.7 of the Conservation and Coastal Management Element of the Growth Management Plan restricts construction of all structures seaward of the Coastal Construction Control Line (CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in the Collier County Growth Management Plan is that which was established in 1974, is referred to as the Coastal Construction Setback Line (CCSL) by Collier County and will be the line for this consistency determination. Policy 10.5.9 of the Conservation and Coastal Management Element of the Growth Management Plan prohibits construction seaward of the Coastal Construction Setback Line on undeveloped shorelines except as follows:

a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in

The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety.

Staff’s review of the subject property finds the dredging as proposed, including the widening and deepening of the channel and placement of dredged material in the near-shore of Barefoot Beach, to be seaward of the CCSL. This would require a variance from the Board of County Commissioners (BCC) to be consistent with Policy 10.4.7 and, in turn, with the Conservation and Coastal Management Element. In November 1997 the Board of County Commissioners approved CCSL Variance No. 97-3. This maintenance dredging is consistent with that which was approved by the BCC in 1997, and is therefore consistent with the Growth Management Plan. Cc: File CPCD-2010-7

Stephen Lenberger, Senior Environmental Specialist, Stormwater and Environmental Planning


CCNA (Revision 6/09)

REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act.

COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS

RFP 10-5572 Wiggins Pass Permitting, Modeling, & Inlet

Management Plan

Scott D. Johnson, Purchasing Agent 239/252-8995 (Telephone)

239/252-6588 (Fax) [email protected] (Email)

This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government.


G/Current-Solicitation Template\RFP_CCNATemplate_04152010 RFP_CCNATemplate

2

Table of Contents

Section Page

Legal Notice…………………………………………………………………………… 3 Exhibit I: Scope of Work, Specifications and Response Format……….…… 4 Exhibit II: General RFP Instructions……………………………………………… 15 Exhibit III: Collier County Purchase Order Terms and Conditions……….…. 19 Exhibit IV: Additional Terms and Conditions for RFP…………………………. 23 Attachment 1: Vendor Checklist…………………………….………………..…… 32 Attachment 2: Conflict of Interest Affidavit……………………………………… 33 Attachment 3: Vendor Declaration Form….………………………………..……. 34 Attachment 4: Immigration Affidavit Certification………………………………. 36 Attachment 5: Insurance Requirements……………………………………..…… 37 Attachment 6: Vendor’s Non-Response Statement………………………..…… 39



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Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Permitting, Modeling and Inlet Management Services will be received until 3:00 p.m., Naples local time, on September 24, 2010 at the Purchasing Department, Purchasing Building “G”, Collier County Government Complex, 3301 Tamiami Trail East, Naples, Florida 34112.

CCNA Solicitation # and Title 10-5572 Wiggins Pass Permitting, Modeling and Inlet Management

The County is seeking proposals from consultant to complete the following services:

• Last phase of modeling required by FDEP; • Inlet management plan; • Environmental impact survey; • Permit engineering; and • Secure the permit and prepare bidding plans and specifications.

A pre-proposal conference is not applicable for this solicitation. If this pre-proposal conference is denoted at “mandatory”, prospective proposers must be present in order to submit a proposal response. All statements shall be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Stephen Y. Carnell, C.P.M. Purchasing & General Services Director This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on August 26, 2010.


http://www.colliergov.net/bid�

http://www.colliergov.net/purchasing�


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Exhibit I

Scope of Work, Specifications and Response Format

As requested by the Collier County Coastal Zone Management Department (hereinafter, the “Division or Department”), the Collier County Board of County Commissioners Purchasing Department (hereinafter, “County”) has issued this Request for Proposal (hereinafter, “RFP”) with the intent of obtaining proposals from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein. Brief Description of Purchase The County is seeking proposals from consultant to complete the:

• Last phase of modeling required by FDEP; • Inlet management plan; • Environmental Impact survey; • Permit engineering; and • Secure the permit and prepare bidding plans and specifications.

Background These services are required to complete the modeling, permitting and execution of the Wiggins Pass Navigation Project. Detailed Scope of Work The enclosed scope of work describes additional tasks necessary to complete the permitting process for a new 10 year permit for Wiggins Pass. These tasks were not included in the initial Engineering and Permitting scope of work for Wiggins Pass, since they were identified following its approval. The tasks include: Task 1. Preparation of an Inlet Management Plan (IMP) Task 2. Preparation of Environmental Impact Statement (EIS) Task 3. Modeling of Ebb Shoal Task 4. Geotechnical Investigation Task 5. Preparation and Attendance at Meetings Task 6. Construction Services, Plans and Specifications This work will be based on the 1995 Inlet Management Plan prepared for Collier County (County), the recently completed Joint Coastal Permit Application (February 2010), and the Wiggins Pass Modeling Report (January 2009) for Navigation Improvements and Erosion Reduction Project for Wiggins Pass, Florida. These tasks will be incorporated into the new report and EIS.



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INLET MANAGEMENT PLAN PREPARATION The Florida Department of Environmental Protection (FDEP) is requiring the preparation of a new inlet management plan as part of the permitting process as described below from Chapter 62B-41 Rules and Procedures for Application of Coastal Permits. Staff believes that a significant portion of the Inlet Management Plan development and documentation has already been completed and is documented in Attachment 33A to the existing permit application. This existing information along with the items not presently addressed will need to be consolidated and compiled into the new inlet management plan. FDEP is requiring that our new Inlet Management Plan address the following items: (m) Demonstration of consistency with adopted statewide strategic management plan, an inlet management plan or a proposed draft inlet management plan in accordance with Rule 62B-41.005(16). If not included in the inlet management plan the applicant will provide the following:

1. A description of the physical characteristics of the inlet; 2. A sediment budget for the inlet; 3. An analysis of the stability and hydraulic characteristics of the inlet including current

velocities, tidal prism and current patterns of the flood and ebb tides; 4. A description of the wind and wave climate in the area of inlet influence; 5. A description of the sediment characteristics of the inlet and its related shoals; 6. The influence of existing manmade structures; 7. The current and historic shoreline erosion and accretion trends; 8. A statement of performance objectives and an analysis of the expected effect of

proposed coastal construction on the coastal system and marine turtles within the inlet area of influence;

9. An analysis of available alternatives to the proposed coastal construction, including the no action alternative, on meeting the stated performance objective and any related effects on the coastal system or marine turtles; and

10. A demonstration of the anticipated public benefits of the coastal construction. The inlet management plan should also consider the intent in the new legislation that modifies how sediments are managed at navigation inlets, which may be directive in nature as it pertains to Wiggins Pass. Specific guidance from FDEP will be provided during the report preparation process. The new legislation changes Section 161.142 and 161.143 F.S. The completed inlet modeling report, Joint Coastal Permit (JCP) application and field data collection for Wiggins Pass improvements will provide the basis for addressing the 10 requirements listed above, and will be incorporated in the final plan. The plan will also address comments received from FDEP during their site visit on March 10, 2010 and their initial request for additional information (RAI). A committee appointed by the County will review progress of the plan preparation and their decisions will be incorporated into the plan. The initial draft plan will be submitted to the County and FDEP for their comments. The FDEP’s adopted plan may differ from the County’s based on the State’s procedures.



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The goals for the Wiggins Pass navigation improvement study as developed by Collier County and the Wiggins Pass Modeling Evaluation Work Group are:

1. To provide a safe channel for boating; 2. To address erosion at Barefoot Beach; 3. To lengthen the dredge cycle and accomplish it with the least effect on the

environment; and 4. To provide a solution that is economically effective.

TASK I-A. COASTAL ENGINEERING ANALYSIS 1. Data Collection & Review. This task was largely completed with the initial permit and modeling work, but a comprehensive search will be conducted to locate recent literature and data to supplement the previously developed history of recent natural and manmade modifications to the inlet and adjacent areas. Recent topographic and bathymetric data of the navigation channel and ebb and flood shoals will also be compiled. Potential data sources include FDEP and County beach and inlet profile surveys, high density LiDAR data, or other local entities including previous data collection and compilation by other local consultants. Available aerial photography may be utilized to provide supplemental shoreline position information. 2. Shoreline Position Mapping & Change Analysis. The analysis of shoreline positions will provide the basis for assessing short-term and long-term shoreline change. The consultant will consider episodic sediment transport trends resulting from hurricanes, inlet modifications and beach nourishment. The analysis will analyze and document inlet activities that have occurred since dredging began in 1984 and evaluate if those activities may have had impacts to the inlet shoreline or adjacent areas. The consultant will use a geographic information system (GIS) approach to compile and analyze the temporal shoreline position change analyses. The GIS analysis will enable temporal and spatial comparison of FDEP historical shorelines and historical aerial photography. For time periods where survey data are not available, shoreline changes will be estimated from the interpretation of aerial photographs. An effort will be made to collect photos in digital format. If only hard copies are available, they will be scanned and geo-rectified using GIS so that shorelines can be mapped. Special considerations will be given to short-term changes so natural and man-made responses are not minimized by averaging data. Inlet ebb and flood shoal configurations, channel orientation and dimensions will be illustrated with available aerial photography sets. The inlet change data will be compared to beach shoreline changes to identify correlations and shoal configurations. 3. Volumetric Changes and Sediment Budget Update. A post-dredge sediment budget analysis will be used to describe the sediment transport pathways in the vicinity of Wiggins Pass and adjacent beaches. It will be compared to the sediment budget from the 1995 study. The sediment budget will be expanded beyond the 1-mi monitoring area north and south of the inlet.



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Available wind, wave, and tidal data will be reviewed. The wave climate will be assessed in the vicinity of the project to determine the representative range of incident wave angles, wave heights, and wave periods. The intent is simply to help confirm the influences of storms and of changes in inlet and nearshore morphology on the sediment transport patterns. The inlet area of influence will be defined and inlet impacts and solutions will be determined based on these zones. An odd-even analysis will be based on this defined region. 4. Development of Inlet Management Alternatives. The consultant will identify and describe various non-structural alternatives to improve sediment management within Wiggins Pass. No structural alternative will be considered. The alternatives will address methods to control inlet channel migration, channel modifications, dredge management options for the navigation channel entrance, and sand distribution and bypassing to re-establish near-historic levels of sediment transport. Quantity and costs will be developed for the selected alternative that is shown to be viable. The performance of viable management options will be evaluated in Task B. Alternatives will consist of various channel dimensions, orientations, and on-and-offshore disposal plans compared to the existing conditions.

TASK I-B. WAVE & CURRENT MEASUREMENTS, MODELING AND STABILTY CURVE

The consultant has previously deployed two acoustic Doppler current profilers (ADCPs) in the study area for a period of one month. The tide height, current and wave information collected from this deployment was used to calibrate the Delft-3D model determining effects such as wave damping and wave transformation as waves approach the nearshore. The results of field data collection and modeling will be described and illustrated in the plan per items 1 and 4 above. The measured wave, current and water level data will also be delivered in raw and processed (time series) formats on a CD-ROM. Survey data was collected during the wave measurement programs, and will be used to develop an updated stability curve for the inlet which will be compared to the historic curve developed in the 1995 plan. The results of the modeling (including Task IV) will be summarized and illustrated in the modeling section.

TASK I-C. IMP COORDINATION AND MEETING

1. Project Administration. The consultant will attend meetings with FDEP, the Coastal Advisory Committee (CAC) and its Sub-committee on Wiggins Pass, and assist with formulating a plan acceptable to a broad range of local and state interests. Coordination with FDEP Bureau of Beaches and Coastal Systems (BBCS) will be maintained throughout the process in order to solicit their comments if they do not attend the meetings. It is assumed that the consultant will attend up to three (3) Committee and Sub-committee meetings of the CAC, to be held in Naples. The consultant will prepare meeting exhibits and other project documentation. The consultant will attend the



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meetings and assist the County with communications with key stakeholders and development of the County’s plan.

TASK I-D. ENVIRONMENTAL EFFECTS OF PROPOSED CONSTRUCTION

1. Environmental Section. Previously obtained information will be incorporated into an environmental section describing the effects of the proposed construction on the coastal system and sea turtles. 2. Natural Resources Map. A map of natural resources in the project area compared to the project layout will be updated for inclusion in the report.

TASK I-E. PREPARATION OF UPDATED INLET MANAGEMENT PLAN

1. Preparation of Draft Report. The consultant will prepare a draft IMP based on the coastal engineering analysis, updated sediment budget and numerical modeling results of management alternatives. The report will summarize the construction quantities and estimated costs as well as the impact on adjacent beaches, channel shoaling and maintenance requirements. The consultant will also summarize potential environmental issues that may affect the permitting of inlet modifications. Based on the results of the investigations, the consultant will recommend a modified inlet and beach sediment management approach. The draft of the IMP will be submitted to the County and the FDEP for review and comment. 2. Preparation of Final Report. Based on County, State, Federal and public comments, a final updated Inlet Management Plan will be prepared. Five (5) printed copies and digital CD-ROM copies of the final report will be provided to the County and FDEP. Pertinent comments provided during the permit process will be integrated into the plan.

COUNTY ENVIRONMENTAL IMPACT STATEMENT According to Collier County Land Development Code (LDC) 10.02.02A, an Environmental Impact Statement (EIS) must be prepared in support of a Special Treatment Permit approval. Special Treatment (ST) Overlays (LDC 02.03.07) are areas within the County which, “because of their unique assemblages of flora and/or fauna, their aesthetic appeal, historic or archeological significance, rarity in the County, or their contribution to their own and adjacent ecosystems, make them worthy of special regulations.” Such areas include mangrove and freshwater swamps, barrier islands, hardwood hammocks, and coastal beaches, all of which fall within the Wiggins Pass project vicinity. The purpose of the ST is to assure the preservation and maintenance of these resources. An EIS provides a method to objectively evaluate the impact of a proposed project upon these resources and environmental quality of the project area. An EIS will be prepared for this project according to the requirements listed in LDC 10.02.02A. The EIS will require the preparation of special maps, ecological analysis and engineering calculations to supplement information already prepared for the JCP permit application. The EIS will incorporate the new and existing information into the County EIS format the consultant will attend up to two (2) meetings to discuss and present the result of the EIS. Staff believes that a significant portion of the Environmental Impact Statement development and documentation has already been completed and is documented in Attachment 33A to the existing permit application. This existing information along with the items not presently



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addressed will need to be consolidated and compiled into a report format to satisfy the needs of the County’s Land Development Code. MODELING OF ADDITIONAL ALTERANTIVES This is a substantially new activity that FDEP is requesting. It has not been addressed in any of the previously modeling studies or reports and is based on guidance from Mr. Robert Brantley (FDEP) during his field visit on March 10, 2010. He is suggesting that the restoration of a fully developed ebb shoal may be required under the new Florida Statute regarding inlets, which would have to be built by direct placement of sand. There is a concern that the inlet will not perform acceptably without a fully developed ebb shoal with the initial construction. This alternative can have a significant cost for the County over the selected alternative, since it may contribute to costly and frequent dredging to implement the project. This concern can be evaluated by additional long-term model runs (8-10 years) comparing four (4) alternatives using the same matrix comparison method developed in the January 2009 modeling report. This task includes an analysis of the following:

1. The 1970’s pre-dredge inlet conditions without channel; 2. 1970’s pre-dredge inlet conditions with channel; 3. The selected alternative with dredging at 4-year intervals; and 4. An alternative that rebuilds the ebb shoal in one construction project.

RAI #1 from FDEP mandated that all alternatives must avoid or minimize the potential for adverse impact on the coastal system. This concern will be evaluated by additional medium-term model runs (4 years) comparing three (3) requested alternatives using the same matrix comparison methods developed in the January 2009 modeling report. The alternatives include an analysis of the following:

1. Avoid dredging limestone, peat, or clay substrata; 2. Avoid deflation of the ebb shoal; and 3. Avoid loss of shorebird habitat on Wiggins Pass State Park.

A tri-dimensional morphological model that is totally transparent and compatible with Delft 3D modeling programs will be used to evaluate and compare project alternatives. The model will be calibrated to measured waves, measured currents and measured inlet and beach morphological changes as determined from Wiggins Pass monitoring data and ADCP deployments. Multi-year wave climates will be schematized from Wavewatch III Hindcast Data or similar data sources. Schematized wave data will be combined with tide and wind forcings and the coupling between waves, flow, sediment transport and morphology will occur in real time, at every hydrodynamic timestep. The morphological model will include multiple sediment fractions to account for sediment heterogeneity that occurs in the project area where coarser sand are found in many sections of the navigation channel and finer sand is found on adjacent beaches. TASK IV. ADDITIONAL GEOTECHNICAL INVESTIGATION This is a substantially new activity that supplements existing geotechnical information that has already been developed as part of this permit application.



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As part of a 2009 field investigation conducted in support of the Wiggins Pass Improvement Project, previously compiled geotechnical data as well as newly collected vibracore and jetprobe data was compiled and analyzed. The Florida Department of Environmental Protection (FDEP) requested that additional geotechnical data be collected to determine whether geology is the key factor controlling the position of the channel within Wiggins Pass. This scope of services includes the collection and analysis of these additional cores. Twelve (12) vibracores will be collected and analyzed. The 12 core locations were reviewed by FDEP (See Jenifer Koch May 25, 2010 attached E-mail and their location is provide in the attached drawing. This scope also includes the analysis of surface grab samples to characterize surficial sediment on the adjacent shoreline and shoals. This new data, along with the previously assessed data, will be used to develop a geologic description of Wiggins Pass.

PHASE 1: ADMINISTRATION/ PLANNING

Previously compiled geotechnical data will be re-evaluated and analyzed in a GIS (Geographical Information System) framework in order to provide background information in addition to the recent findings of the 2009 vibracore and jetprobe investigations. The information gathered during Task 1 will be used to refine the vibracore plan the consultant will coordinate with the FDEP as necessary. Prior to conducting the field operations a permit/de minimus exemption must be obtained. In order to do this, a Joint Environmental Resource Permit Application (ERP) application must be submitted to the Florida Department of Environmental Protection for review. This application requires a general project description and a map outlining the area of deployment. The Agency has ninety (90) days to review the permit application. The application is also forwarded to the Bureau of Survey and Mapping, Division of State Lands for title determination. Existing easements must be avoided during deployment or title holders must be notified of the proposed activity. The ERP application is also forwarded to the United States Army Corps of Engineers (USACE), Florida Division of Historical Resources (SHPO) and to Fish and Wildlife Services (FWS) for review and comment. The consultant will apply for the necessary permits. The consultant will complete and submit the required forms, as well as coordinate with the regulatory agencies.

PHASE 2: GEOTECHNICAL SURVEY

The geotechnical survey includes vibracoring to investigate potential geologic controls on the position of the Wiggins Pass channel and to better define the sediments to be dredged. Twelve (12) vibracores will be collected using the equipment and methods described below. A preliminary vibracore plan is attached.

Geotechnical Survey Equipment

Vibracoring A Rossfelder P3 Vibracore, or equivalent, configured to collect undisturbed sediment cores up to 20 feet in length, will be used for this project. This self-contained, freestanding electronic vibracore unit contains a vibratory hammer assembly, an aluminum beam which acts as the vertical beam upright on the seafloor, an aluminum coring pipe, and a cutting edge. If recovery is less than 80% of the expected total penetration, the sampled portion of the pipe will be removed, a new core pipe attached,



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and a jet pump hose will be attached just below the vibracore head. After lowering the rig to the bottom and jetting to one (1) or two (2) feet above the refusal depth, the jet will be turned off and the vibrator turned on in order to attempt to collect the remaining core. At each core location a vibracore will be taken. If field measurements indicate that less than 80% recovery has been achieved, then up to two additional cores will be taken, or a hydraulic jetting technique will be used to facilitate sampling below previously retained material. In the event a jet is used, the recovery of the original vibracore and additional vibracore sections will be combined to determine total recovery. Should the above procedures not result in 80% or more recovery, then this drilling effort will be considered a completed core for purposes of payment under this contract.

Geotechnical Data Analysis Sediment Sample Analysis Upon completion of field operations, all vibracores will be transported to a lab. There, the vibracores will be logged by describing sedimentary properties by layer in terms of layer thickness, color, texture (grain size), composition and presence of clay, silt, gravel, or shells and any other identifying features. The vibracores will be photographed in 2.0 ft intervals. Sediment samples will be extracted from the vibracores at irregular intervals based on distinct stratigraphic layers in the sediment sequence. The vibracores will then be wrapped and archived. Cores will be stored for a period of up to one (1) year. After this time, cores will either be relinquished to the client or stored for an additional annual cost of $25 per core.

Mechanical Sieve Analysis The sediment samples (vibracore samples and grab samples) will be analyzed to determine color and grain size distribution. During sieve analysis, any obvious uncharacteristically large fragments (such as whole shell or large shell fragments) will be removed and the description (weight and size) of the material will be noted. The wet, dry and washed Munsell colors will be noted. Sieve analysis of the sediment samples will be performed in accordance with the American Society for Testing and Materials (ASTM) Standard Methods Designation D 422-63 for particle size analysis of soils. This method covers the quantitative determination of the distribution of sand size particles. For sediment finer than the No. 230 sieve (4.0 phi) the ASTM Standard Test Method, Designation D 1140-00 will be followed. The sieve stack used for mechanical analysis will conform to the BBCS guidelines provided in Table 1.

Table 1. Mesh sizes to be used for granularmetric analysis.

Sieve No. Size (phi) Size (mm)

3/4 -4.25 19.00 5/8 -4.0 16.00

7/16 -3.5 11.20 5/16 -3.0 8.00 3 ½ -2.5 5.60 4 -2.25 4.75 5 -2.0 4.00 7 -1.5 2.80

10 -1.0 2.00



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Weights retained on each sieve will be recorded cumulatively. Grain size results will be entered into the gINT® software program, which computes the mean and median grain size, sorting, silt/clay percentages for each sample using the moment method.

Carbonate Testing Approximately half of the samples extracted from the vibracores will be tested for carbonate content. Carbonate content will be determined by percent weight using the acid leaching methodology described in Twenhofel, W.H. and Tyler, S.A., 1941. Methods of Study of Sediments. New York: McGraw-Hill, 183p. Samples representing material above the proposed channel cut depth will also be extracted from the cores previously collected by the consultant in 2009. These samples will also be tested for carbonate content.

PHASE 3: PRODUCT AND REPORT DEVELOPMENT

A final report summarizing the results of this vibracore investigation and discussing the geology of Wiggins Pass will be prepared and submitted to the FDEP and Collier County. This report will include project results, including vibracore logs, vibracore photographs, granularmetric reports and grain size distribution curves. The report will address FDEP’s RAI questions from their March24, 2010 letter and the May 4, 2010 meeting. The report will also include figures showing the estimated distribution of sand, organics, clay, rock substrate and silty material suitable to address FDEP questions and develop a dredging plan. The consultant will provide geotechnical information in an electronic format suitable for input to the FDEP Reconnaissance Offshore Sand Search (ROSS) database as required by the FDEP. The data will be submitted in Access or gINT files. The Wiggins Pass Geotechnical Investigation will be conducted to the industry standard of care and will coordinate the investigations with FDEP as required.

PREPARATION FOR AND ATTENDANCE AT MEETINGS There is a need to attend meetings at FDEP and meet with agency representatives including NMFS to kick off the next phase of the project and for periodic in progress review. The number of meeting will be 2 in Tallahassee, 3 in Collier County and 2 with agency. Meeting includes preparation of power point presentations

14 -0.5 1.40 18 0.0 1.00 25 0.5 0.71 35 1.0 0.50 45 1.5 0.36 60 2.0 0.25 80 2.5 0.18 120 3.0 0.13 170 3.5 0.09 200 3.75 0.08 230 4.0 0.06



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CONSTRUCTION SERVICES: Development of the plans and specification along with the preparation of bidding documents is required as part of this submittal. In addition, pre and post-construction surveys along with a post-construction report including certification will be required.

Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process.

Event Date

Issue Solicitation Notice 8/26/10 Mandatory or Non-mandatoryPre-Solicitation Meeting N/A Last Date for Receipt of Written Questions 9/17/10, 12:00 Noon,

Naples Local Time Addendum Issued Resulting from Written Questions or Pre-Proposal Conference

9/21/10

Solicitation Closing Date and Time 9/24/10,3:00pm, Naples Local Time

Evaluation of Submittals TBD Vendor Presentations TBD Completion of Contract Negotiations TBD Board of County Commissioner’s Contract Approval Date TBD

Response Format The Vendor understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Vendor further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Vendor’s approach and ability to meet the County’s needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged.



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The items listed below shall be submitted with each proposal and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Vendor to include all listed items may result in the rejection of its proposal.

1) Tab I, Cover Letter / Management Summary

Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any awards as a result of this RFP.

2) Tab II, Business Plan 15 points

In this tab, include: Description of the proposed contract team and the role to be played by each member of the proposed team.

• Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an

example of work product. This should be for one of the projects listed as a reference.

3) Tab III, Experience and Capacity of Firm 40 points

Provide information that documents your firm’s and subcontractors’ qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members’ successful experience in working with one another on previous projects.

List Current Projects in the Format Identified Below

Project Description

Start Date End Date Original Budget

Final Project Cost

Number of Change Orders

4) Tab IV, Specialized Expertise of Team Members 40 points

Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services.



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The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission.

5) Tab V, Customer and Reference Listing 5 points

Provide a listing of previous customers who during the past three years of work demonstrate experience of similar size and scope to the scope described in this RFP. Collier County may select one or more contact names to serve as a reference for this scope of work. The services provided to these clients should have characteristics as similar as possible to those requested in this RFP. Information provided for each client shall include the following:

• Client name, address and current email address and telephone number. • Description of services provided. • Time period of the project or contract; briefly describe if project met or exceeded

the schedule outlined • Client’s contact reference name, email and current telephone number. • Dollar value of project; briefly describe if the completed project met, or came

under budget.

Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your proposal.

6) Tab VI, Acceptance of Conditions 0 points

Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Vendor may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee.

7) Tab VIl, Required Form Submittals 0 points

• Attachment 1: Vendor Checklist • Attachment 2: Conflict of Interest Affidavit • Attachment 3: Vendor Declaration Form’ • Attachment 4: Immigration Certifications • Attachment 5: Insurance Requirements • Other: License, certifications, informational materials, etc.



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Exhibit II

General RFP Instructions

1. Questions

Direct questions related to this RFP to the Collier County Purchasing Department E-Procurement website: www.colliergov.net/bid. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E-Procurement website. For general questions, please call the referenced Purchasing Agent noted on the cover page.

2. Pre-Proposal Conference

The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Vendors having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Vendors are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Vendors must be present in order to submit a proposal response.

3. Compliance with the RFP

Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification.

4. Ambiguity, Conflict, or Other Errors in the RFP

It is the sole responsibility of the Vendor if the Vendor discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department.

5. Proposal, Presentation, and Protest Costs

The County will not be liable in any way for any costs incurred by any Vendor in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures.


http://www.colliergov.net/bid�


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6. Delivery of Proposals

All proposals are to be delivered before 3:00, Naples local time, on or before 9/24/10 to:

Collier County Board of County Commissioners Purchasing Department 3301 Tamiami Trail East, Bldg. “G” Naples, Florida 34112 Attn: Scott D. Johnson Purchasing Agent

The County shall not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Vendor’s personnel or by the Vendor’s outside carrier. However, the Purchasing/General Services Director, or designee, shall reserve the right to accept proposals received after the posted close time under the following conditions:

• The tardy submission of the proposal is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline.

• The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process.

Vendors must submit one (1) paper copies with one copy clearly labeled “Master,” and seven (7) compact disks (CD’s) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope.

7. Validity of Proposals

No proposal can be withdrawn after it is filed unless the Vendor makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process.

8. Method of Source Selection

The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 87-25, and Collier County Resolution Number 2006-268 establishing and adopting the Collier County Purchasing Policy. The County may, as it deems necessary, conduct discussions with qualified Vendors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements.

9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act.

The County’s procedure for selecting is as follows:



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1. The County Manager shall appoint a Selection Committee to review all proposals submitted.

2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Purchasing Agent and Project Manager shall

review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP.

4. Meetings shall be open to the public and the Purchasing Agent shall publicly post prior notice of such meeting in the lobby of the Purchasing Building at least one (1) day in advance of all such meetings.

5. The committee members shall review each Proposal individually and score each proposal based on the evaluation criteria stated herein.

6. Prior to the first meeting of the selection committee, the Purchasing Agent will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Purchasing Agent shall also post prior notice of all subsequent committee meetings and shall endeavor to post such notices at least one (1) day in advance of all subsequent meetings.

7. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each proposal to determine committee recommendations. The committee may at their discretion, schedule presentations or demonstrations from the top-ranked firm(s), make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee.

8. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 9. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval.

The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Vendor nor obligates the County in any manner. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances shall not be considered.

10. References

The County reserves the right to contact any and all references to obtain, without limitation, ratings for the following performance indicators:

• On a scale of 1-10, with 1 being very dissatisfied and ten exceeding your every expectation, how satisfied were you with the firm’s performance?

• What specifically did you like about their approach? • What do you believe were shortcomings or that they could have done better? • Did they meet your schedule requirements? • How were their communications? Were you always kept in the loop? • How responsive were they in addressing problems with the project?



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• How was the quality/experience/personality of their personnel? (Specifically the project manager?)

• Would you use this firm again? • Additional comments

A uniform sample of references will be checked for each Vendor. Vendors will be scored on a scale of 1 to 10, with 10 being the highest possible score. This score will also be used in determining the score to be given to the “past performance” evaluation factor for each proposal.

11. Proposal Selection Committee and Evaluation Factors

The County Manager shall appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below.

Business Plan 15 pts Experience and Capacity of the Firm 40 pts Specialized Expertise of Team Members 40 pts Customer and Reference Listing 5 pts TOTAL 100 pts

Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the vendor (as obtained from the County’s financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Vendor, subject to verification at the County’s option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on.

12. Acceptance or Rejection of Proposals

The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County of Collier. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Vendor, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Vendor or to re-advertise using the same or revised documentation, at its sole discretion.



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Exhibit III Collier County Purchase Order Terms and Conditions

1. Offer

This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance.

2. Acceptance and Confirmation

This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order.

No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR.

3. Inspection

All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY.

4. Shipping and Invoices a) All goods are FOB destination and must

be suitably packed and prepared to

secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR.

b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice.

c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment.

d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to



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the Board of County Commissioners Purchasing Policy.

5. Time Is Of the Essence

Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications.

6. Changes

The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties.

7. Warranties

VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY.

8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order.

9. Advertising

No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department.

10. Indemnification

VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder.

11. Warranty of Non-Infringement

VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition.

VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a).



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If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY).

12. Insurance Requirements

The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida.

13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order.

14. Force Majeure

Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in

performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY.

15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void.

16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax.

17. Annual Appropriations The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds.

18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice.

19. General

a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall



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be the Twentieth Judicial Circuit in and for Collier County, Florida

b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR.

c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section.

d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons.

e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern.



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Exhibit IV Additional Terms and Conditions for RFP

1. Contract Term

The contract term, if an award(s) is/are made is intended to be current needs only. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure.

2. Insurance and Bonding Requirements

The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County’s separate Vendors, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder" should read as follows:

Collier County Board of County Commissioners Naples, Florida

The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor’s sole responsibility.



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Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts.

3. Offer Extended to Other Governmental Entities

Collier County encourages and agrees to the successful vendor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor.

4. Additional Items and/or Services

During the contract term, Collier County reserves the right to add related items and/or services upon negotiation of a satisfactory price by the Project Manager and Vendor.

5. Use of Subcontractors

Bidders on any service related project, including construction, must be qualified and directly responsible for 80% or more of the solicitation amount for said work.

6. County’s Right to Inspect

The County or its authorized Agent shall have the right to inspect the Vendor’s facilities/project site during and after each work assignment the Vendor is performing.



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7. Additional Terms and Conditions of Contract

Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Vendor shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor.

8. Work Orders Subject to Best Value Offer on Fixed Term Contracts

The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order and with a maximum yearly contract amount of $750,000 per firm. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order shall be active and extended as necessary until completion of such project.

9. Site Inspection If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) with the County project manager to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer with sign-off by the County project manager; this documentation shall be submitted with the proposal. The proposal will be deemed non-responsive if the site visit documentation is not presented to the County in the proposer’s submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager.

No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

10. Payment Method

Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: • Purchase Order Number



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• Description and quantities of the goods or services provided per instructions on the County’s purchase order or contract.

Invoices shall be sent to:

Board of County Commissioners Attn: Accounts Payable Building F, 7th Floor 3301 Tamiami Trail E Naples FL 34112

Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement.

Payment methods include: • Traditional – payment by check, wire transfer or other cash equivalent. • Standard – payment by purchasing card. Collier County’s Purchasing Card Program is supported by

standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules.

Collier County cautions vendors to consider both methods of payment when determining pricing as no additional surcharges or fees will be considered (per Rules for VISA Merchants and MasterCard Merchant Rules). The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an “Additional Cash Discount.” Upon execution of the Contract and completion of each month’s work, payment requests shall be submitted to the Project Manager on a monthly basis by the Vendor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the “Local Government Prompt Payment Act.” Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements.

11. Environmental Health and Safety

All Vendors and Sub vendors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub vendors shall be responsible



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for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Vendor’s work operations. This provision is non-negotiable by any department and/or Vendor.

All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer.

All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels.

12. Licenses

The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477.

13. Principals/Collusion

By submission of this Proposal the undersigned, as Vendor, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud.

14. Relation of County

It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation.

15. Termination

Should the Vendor be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this



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Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance.

16. Lobbying

All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal.

Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm.

17. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501)

In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.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.

18. Single Proposal

Each Vendor must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant.

19. Protest Procedures

Any actual or prospective Vendor to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted.


http://www.sunbiz.org/search.html�


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Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director.

20. Public Entity Crime

A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

21. Conflict of Interest

Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution.

22. Prohibition of Gifts to County Employees

No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause.

23. Immigration Affidavit Certification

Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The E-Verify program, operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction. Exceptions to the program:

• Commodity based procurement where no services are provided. • In exceptional cases, the Purchasing Department may waive the requirement.

Vendors are required to enroll in the E-Verify program within thirty (30) calendar days of contract award, and use E-Verify within thirty (30) calendar days thereafter to verify employment eligibility of their



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employees assigned to the contract at the time of enrollment in E-Verify. Additionally, vendors shall require all subcontracted vendors to flow down the requirement to use E-Verify to subcontractors. If the vendor is already enrolled in E-Verify, they must use E-Verify within thirty (30) calendar days of contract award to verify employment eligibility of their employees assigned to the contract Following this initial period they must initiate verification of all new hires of the Vendor and of all employees newly assigned to the contract within three (3) business days of their date of hire or date of assignment to the contract. Vendors shall be required to provide the Collier County Purchasing Department an executed affidavit vowing they shall comply with the E-Verify Program for each service/project. The affidavit is attached to the solicitation documents. If the bidder/Vendor does not comply, they may be deemed non-responsive. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.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, that any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately.


http://www.dhs.gov/E-Verify�


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Attachment 1 Collier County Board of County Commissioners

Purchasing Department Vendor Check List

THIS SHEET MUST BE SIGNED

IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Proposal. Vendor should check off each of the following items as the necessary action is completed:

The Proposal has been signed.

All applicable forms have been signed and included, along with licenses to complete the requirements of the project.

Any addenda have been signed and included.

The mailing envelope has been addressed to:

Collier County Board of County Commissioners Purchasing Department, Building “G” 3301 Tamiami Trail, East Naples, Florida 34112 Attn:Scott Johnson, Purchasing Agent

CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management Plan

The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due

Date.

The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.)

ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE

OUTSIDE OF THE COURIER PACKET

Name of Firm:

________________________________________________________

Address:

________________________________________________________

City, State, Zip:

________________________________________________________

Telephone:

________________________________________________________

Email:

________________________________________________________

Representative Signature:

________________________________________________________

Representative Name:

________________________________________ Date ___________



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Attachment 2 Conflict of Interest Affidavit

By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm:

____________________________________________________________________

Signature and Date:

____________________________________________________________________

Print Name

____________________________________________________________________

Title of Signatory

____________________________________________________________________

State of

_______________________________________________________________________

County of

_______________________________________________________________________

SUBSCRIBED AND SWORN to before me this ____________ day of __________________, 20___________, by _______________________________________________, who is personally known to me to be the ________________________________________ for the Firm, OR who produced the following identification ________________________________________. Notary Public My Commission Expires ___________________________________________



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Attachment 3

Vendor Declaration Statement

BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management Dear Commissioners: The undersigned, as Vendor declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Vendor agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Vendor states that the proposal is based upon the proposal documents listed by CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management.

IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _____ day of _____________, 200__ in the County of _______________, in the State of _____________. Firm’s Legal Name:

Address:

City, State, Zip Code:

Florida Certificate of Authority Document Number

Federal Tax Identification Number

Telephone:

FAX:

Check on of the following: Sole Proprietorship Corporation or P. A. State of ____________

Limited Partnership General Partnership

Signature by: (Typed and written)

Title:



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Additional Contact Information

Send payments to: (required if different from above)

Company name used as payee

Contact name:

Title:

Address:

City, State, ZIP

Telephone:

FAX:

Email:

Office servicing Collier County to place orders (required if different from above)

Contact name:

Title:

Address:

City, State, ZIP

Telephone:

Email:



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CCNA Solicitation # and Title: 10-5572 Wiggins Pass Permitting Modeling & Inlet Management This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB’s) and Request for Proposals (RFP) submittals. Failure to include this Affidavit with proposal will delay in the consideration and reviewing of vendor’s proposals and could result in the vendor’s proposal being deemed non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act (“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 abide by Collier County Employment Eligibility Verification System requirements regarding this solicitation. Company Name

Print Name ________________________________ Title ________________ Signature ________________________________ Date ________________ State of ___________________ County of _________________ The foregoing instrument was signed and acknowledged before me this ______day of ________________, 20___, by _______________________________ who has produced (Print or Type Name) _______________________________ as identification. (Type of Identification and Number) _____________________________________ Notary Public Signature _____________________________________ Printed Name of Notary Public _____________________________________ Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. Collier County reserves the right, at any time, to request supporting documentation as evidence of the vendor’s compliance with this sworn affidavit. .

Attachment 4

Immigration Affidavit Certification



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Attachment 5

Collier County Florida Insurance and Bonding Requirements

Insurance / Bond Type Required Limits 1. Worker’s

Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements

2. Employer’s Liability

$500,000 single limit per occurrence

3. Commercial General Liability (Occurrence Form) patterned after the current ISO form

Bodily Injury and Property Damage $1,000,000 single limit per occurrence

4. Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/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 Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/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 $ 500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included

5. Other insurance as noted:

Watercraft $ __________ Per Occurrence

United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ __________ 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 • $ 500,000 each claim and in the aggregate • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate

Project Professional Liability $__________ Per Occurrence



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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 Payment Bonds

For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as “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 (or Airport Authority or Collier MPO).

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 _________________



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Attachment 6 Vendor’s Non-Response Statement

The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Vendors not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to CCNA Solicitation # and Title 10-5572 Wiggines Pass Permitting, Modeling and Inlet Management for the following reason(s):

Services requested not available through our company.

Our firm could not meet specifications/scope of work.

Specifications/scope of work not clearly understood or applicable (too vague, rigid, etc.)

Project is too small.

Insufficient time allowed for preparation of response.

Incorrect address used. Please correct mailing address: _____________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________

Other reason(s):_______________________________________________________________ __________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________

Name of Firm:

________________________________________________________

Address:

________________________________________________________

City, State, Zip:

________________________________________________________

Telephone:

________________________________________________________

Email:

________________________________________________________

Representative Signature:

________________________________________________________

Representative Name:

______________________________________ Date _____________
