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Agenda 02/26/2013 Item #11D2/26/2013 11. D. EXECUTIVE SUMMARY Recommendation to award Bid No. 13 -6039 to Orion Marine Construction, inc. in the amount of $1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve neccessary budget amendment. OBJECTIVE: Recommendation to award Bid No. 13 -6039 to Orion Marine Construction, Inc. in the amount of $1,754,884.72. CONSIDERATION: Wiggins Pass has been maintenance dredged 13 times over the last 20 plus years. Historically, the pass has been dredged every two years but recent trends have the channel filling in every 18 months to un- navigable conditions. In addition to this unsafe boating condition, Barefoot Beach and the mangrove channel to the north have experienced significant erosion. The Board of County Commissioners (BCC) appointed an Inlet Management Work Team on April 13, 2010 (Item 16D1) to address these problems after modeling studies conducted in 2008 and 2009 identified channel straightening as a viable solution. This stakeholder work team developed the following non - structural goals and objectives for this project: • To provide a safe channel for boating; • To address erosion at Barefoot Beach; • To lengthen the dredge cycle and accomplish it with the least effect on the environment; • To provide a solution that is economically effective. This project has been thoroughly reviewed and vetted with the community. In addition to the oversight and approvals from the Coastal Advisory Committee and the Tourist Development Council, the BCC has reviewed and approved this project over the past two years as follows: 1. On February 8, 2011 (Item 10E), the BCC approved the Request for Proposal (RFP) selection committee's recommendation of Coastal Planning and Engineering (CPE) to complete the Permitting, Modeling and Inlet Management Plan for this project. 2. At the March 8, 2011 BCC meeting (Item l OB), staff was directed to consult with FDEP staff and solicit the probability of FDEP issuing a permit for straightening the pass utilizing a soft engineering sand dike approach. The BCC requested that FDEP review Coastal Planning and Engineering's proposal and comment on the feasibility of obtaining a permit to perfonn this work. On May 13, 2011 FDEP issued a letter concurring with the County's approach and indicating that FDEP could recommend a permit approval based on acceptance of requested technical information. 3. On June 14, 2011 meeting (Item 101)), the BCC awarded a contract to Coastal Planning and Engineering for the design and permitting for the Wiggins Pass Channel Straightening project. 4. On October 9, 2012 (Item 1 I C) the BCC approved a resolution for a special treatment development pen-nit for the straightening of Wiggins Pass. This was accomplished after the Collier County Environmental Advisory Committee and the Collier County Planning Commission recommended approval of this item. Packet Page -224- 2/26/2013 11. D. On November 13, 2012 (Item 110), the BCC approved an independent Peer Review of the proposed dredging improvements at Wiggins Pass. The review was completed on December 14, 2012 and indicated... "that the presently proposed and permitted project should be implemented at Wiggins Pass, and the performance monitored to inform future action. The proposed project is viable and presents a reasonable likelihood of improving conditions and meeting the project objectives, relative to current practices. " The complete Peer review and corresponding comments by Coastal Planning and Engineering are attached. Bids were posted in the lobby of the Purchasing Department on January 3, 2013 with 1,382 vendors notified and 72 bidders downloading the plans and specifications. On February 6, 2013, one (1) bid was received from Orion Marine Construction, Inc. by the posted deadline. Staff evaluated the bid and determined that Orion Marine Construction, Inc. was a qualified and responsive bidder. Orion Marine Construction's initial bid submittal was $2,013,933. After reviewing the project with Collier County staff, Orion Marine Construction, Inc. revised its pricing to $1,754,884.72. A bid tab and reconciliation between the initial bid submittal and the final pricing is included as Attachment A. The Engineer's opinion of probable construction costs was projected at $1,746,597. The difference between the engineer's estimate and the final pricing is less than one half of a percent (.5 %). This project was budgeted at $1,700,000. Orion Marine Construction, Inc. through its subsidiary Subaqueous, Inc. has successfully completed the Marco South Renourishment project in 2007 and the dredging of both Wiggins Pass and Doctors Pass in 2009. Time is of the essence for this project. This work must be completed by the beginning of turtle nesting season on May 1, 2013. Staff anticipates a Notice to Proceed will be issued on March 1, 2013 to begin construction with substantial completion of construction by May 1, 2013. Staff recommends that Bid No. 13 -6039 be awarded to Orion Marine Construction, Inc. as a qualified and responsive bidder. FISCAL IMPACT: There is presently funding of $1,602,000 available for this project in Tourist Development Tax Fund (195) project 80210. The difference between the available funds and the proposed contract is $152,885. In order to award the contract a budget amendment will be processed moving required funding from Fund (195) reserves into project 80210. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. ADVISORY COMMITTEE RECOMMENDATIONS: At the February 14, 2013 Coastal Advisory Committee (CAC) meeting this item was recommended for approval by a 6 to 1 vote. This item will be presented to the Tourist Development Council (TDC) on February 25, 2013 with results communicated to the BCC via written memorandum. Packet Page -225- 2/26/2013 11. D. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: Recommendation to award Bid No. 13 -6039 for the Wiggins Pass Channel Straightening project to Orion Marine Construction, Inc. in the amount of $1,754,884.72 and approve necessary budget amendment. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Bid Tabulations B) Contract C) Wiggins Pass Peer Review conducted by Olsen, Associates, Inc. D) Coastal Planning and Engineering comments on to Olsen's Peer Review Packet Page -226- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.D. 2/26/2013 11. D. Item Summary: Recommendation to award Bid No. 13 -6039 to Orion Marine Construction, inc. in the amount of $1,754,884.72 for the Wiggins Pass Channel Straightening Project and approve neccessary budget amendment. Meeting Date: 2/26/2013 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 2/4/2013 11:00:24 AM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services, Comprehensive Date: 2/12/2013 2:26:26 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/14/2013 1:52:36 PM Name: LaPierreBarbara Title: Management/Budget Analyst,Transportation Administr Date: 2/14/2013 5:06:01 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 2/18/2013 12:06:36 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 2/18/2013 12:09:56 PM Name: JohnsonScott Title: Purchasing Agent,Purchasing & General Services Date: 2/18/2013 12:52:06 PM Packet Page -227- Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 2/19/2013 11:28:02 AM Name: KearnsAllison Date: 2/19/2013 1:42:39 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/19/2013 2:08:55 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 2/19/2013 4:34:12 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 2/19/2013 5:20:25 PM Name: KlatzkowJeff Title: County Attorney Date: 2/20/2013 8:18:17 AM Name: OchsLeo Title: County Manager Date: 2/20/2013 9:58:34 AM Packet Page -228- 2/26/2013 11. D. 2/26/2013 11. D. Attachment A 5440 West Tyson Ave. / Tampa, Florida 33611 / P.O. Box 13427 Zip 33681 -3427 Telephone (813) 839 -8441 / Fax (813) 831 -7498 Gary, Please find the revised price schedule for Bid No. 13 -6039. CLIN Description Quantity Units Unit Price Total Price 1 Mobilization & Demobilization 1 LS $650,368.34 $650,368.34 2 Dredging Beach & Nearshore Compatible Sand 89,700 CY $7.18 $644,046.00 3 Dredging Unsuitable Material (Silt & Clay Peat) 1,750 CY $35.38 $61,915.00 4 Dredging Unsuitable Material (Rock & Sand) 3,800 CY $74.88 $284,544.00 5 Turbidity Monitoring 1 LS $58,163.38 $58,163.38 7 Construction Surveys 1 LS $55,848.00 $55,848.00 Total $1,754,884.72 Below is a list of modifications from the original bid: Description The quantity of Silt & Clay Peat was reduced by the approximate volume that lies eastward of STA 1 C23 (750 CY) and the price per cubic yard was reduced to $35.38. This reduced the total price of bid item #3 2 The quantity of Rock & Sand was reduced by the approximate volume contained within the overdredge limits (400 CY) reducing the total price of bid item #4. 3 Orion personnel will conduct interim surveys for monthly pay estimates reducing the total price of bid item #7, Construction Surveys. 4 The seagrass survey and delineation was removed from bid item #6. 5 The contingency line item has been removed. 6 Orion's mobilization fee has been reduced. 7 Sand analysis will be conducted by Collier County staff. If you have any questions please do not hesitate to call. Regards, Curtis Huggins, Vice President 2/8/2013 Date Savings $62,885.00 $29,952.00 $12,740.90 $8,779.37 $52,500.00 587,253.04 $4,938.30 Total Savings $259,048.61 Packet Page -229- Attachment B E E M Ott Wiggins Pass Channel Straightening Project COLLIER COUNTY BID NO. 13 -6039 COLLIER COUNTY, FLORIDA Scott D. Johnson, Procurement Strategist Email: scottjohnson @colliergov.net Telephone: (239) 252 - 8995 FAX: (239) 252 - 6588 Design Professional: Coastal Planning & Engineering 2481 NW Boca Raton BLVD Boca Raton, FL 33431 Pwchasnq CepaMw.. • 3,127 Tamiami Trail East • Naples: Fonda 34112 490' • www.colliergov.nedpurchas" 2/26/2013 11. D. 1 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -230- Attachment B TABLE OF CONTENTS 2/26/2013 11. D. PUBLICNOTICE ............................................................................................................. ..............................3 PART B - INSTRUCTIONS TO BIDDERS ...................................................................... ..............................5 CONSTRUCTIONBID ................................................................................................... .............................13 BIDSCHEDULE ............................................................................................................. .............................14 MATERIALMANUFACTURERS ................................................................................... .............................15 LIST OF MAJOR SUBCONTRACTORS ....................................................................... .............................16 STATEMENT OF EXPERIENCE OF BIDDER .............................................................. .............................17 TRENCHSAFETY ACT ................................................................................................. .............................18 IMMIGRATION LAW AFFIDAVIT CERTIFICATION ..................................................... .............................19 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W — 9 ......................................... .............................20 BIDBOND ...................................................................................................................... .............................24 BIDDERSCHECK LIST ................................................................................................. .............................26 CONSTRUCTION AGREEMENT .................................................................................. .............................27 EXHIBIT A 1: PUBLIC PAYMENT BOND ..................................................................... .............................34 EXHIBIT A 2: PUBLIC PERFORMANCE BOND .......................................................... .............................37 EXHIBIT B: INSURANCE REQUIREMENTS ................................................................ .............................41 INSURANCE AND BONDING REQUIREMENTS ......................................................... .............................43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM .......................................................... .............................45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ......................... .............................46 EXHIBITE: CHANGE ORDER ...................................................................................... .............................49 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION .................................. .............................51 EXHIBIT G: FINAL PAYMENT CHECKLIST ................................................................ .............................53 EXHIBIT H: GENERAL TERMS AND CONDITIONS .................................................... .............................55 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS ......................................... .............................88 EXHIBIT J: TECHNICAL SPECIFICATIONS ................................................................ .............................89 EXHIBITK: PERMITS .................................................................................................... .............................90 EXHIBIT L: STANDARD DETAILS ...............:. EXHIBIT M: PLANS AND SPECIFICATIONS ............................................................... .............................92 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT .. .............................93 2 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -231- Attachment B 7 County Adrdnis Purdhasing PUBLIC NOTICE INVITATION TO BID Wiggins Pass Channel Straightening Project COUNTY BID NO. 13 -6039 2/26/2013 11. D. Separate sealed bids for the construction of Wiggins Pass Channel Straightening Project, addressed to Ms. Joanne Markiewicz, Interim Purchasing Director, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 6th day of February, 2013, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A non - mandatory pre -bid conference shall be held at the Purchasing Department, Conference Room A, at 10:00 a.m. LOCAL TIME on the 17th day of January, 2013, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed 'Bid for Collier County Government, Collier County, Wiggins Pass Channel Straightening Project Bid No. 13- 6039 and Bid Date of February 6, 2013 ". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department E- Procurement website: www.collierqov.net /bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5 %) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and 3 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -232- Attachment B 2/26/2013 11. D. Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys -in -fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work on May 1, 2013 after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 3rd day of January 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing and General Services Director a Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -233- Attachment B PART B - INSTRUCTIONS TO BIDDERS Section 1. Definitions 2/26/2013 11. D. 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and /or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his /her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 14 — 26 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 5 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -234- Attachment B 2/26/2013 11. D. enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit "). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 6 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -235- Attachment B 2/26/2013 11. D. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -236- Attachment B 2/26/2013 11. D. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non - mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non - responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the s Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -237- Attachment B 2/26/2013 11. D. actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re- negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non - responsive and will not be considered for award. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest,. said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at http: / /www.colliergov.net/[ndex.aspx ?page =762. 9 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -238- Attachment B 2/26/2013 11. D. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.15Q1 (www.sunbiz.orq /search.html). A copy of the document shall be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act ", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith 10 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -239- Attachment B 2/26/2013 11. D. performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified -from submitting bids to the Owner, disqualified or de- certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a proiect for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from 11 Construction Services Agreement for Grant Funded Projects: 1/112012 Packet Page -240- Attachment B 2/26/2013 11. D. solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Purchasing Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 12 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -241- Attachment B CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Wiggins Pass Channel Straightening Project BID NO. 13 -6039 Full Name of Bidder Orion Marine Construction, Inc. Main Business Address 5440 W. Tyson Ave., Tampa, FL 33611 Place of Business same Telephone No. 813 -839 -8441 Fax No. 813 - 831 -7498 State Contractor's License # GCCO10213 State of Florida Certificate of Authority Document Number 313573 Federal Tax Identification Number 59- 1158596 Firm's Dun and Bradstreet Number (DUNS) 04- 149 -7165 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) 2/26/2013 11. D. The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 13 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -242- Attachment B BID SCHEDULE Wiggins Pass Channel Straightening Project Bid No. 13 -6039 2/26/2013 11. D. OLIN Description uanti Units Unit Price Total Price 1 Mobilization & Demobilization 1 LS $650,368.34 $650,368.34 2 Dredging Beach & Nearshore Compatible Sand 89,700 CY $7.18 $644,046.00 3 Dredging Unsuitable Material (Silt & Clay Peat) 1,750 CY $35.38 $61,915.00 4 1 Dredging Unsuitable Material (Rock & Sand) 3,800 CY $74.88 $284,544.00 5 Turbidity Monitoring 1 LS $58,163.38 $58,163.38 7 Construction Surveys 1 LS $55,848.00 $55,848.00 Total 1 $1,754,884.72 14 Construction Services Agreement for Grant Funded Projects: 1/112012 Packet Page -243- Attachment B MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NOW RESPONSIVE 2/26/2013 11. D. All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below, If an exception for a manufacturer and /or material is proposed and listed below and is not approved by Engineer /Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Orion M e Co ruction, Inc. Signature: David G, Thornton, Sr. VP Date: 02/06/2013 Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER N/A 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: 15 Construction Services Agreement for Grant Funded Projects: 1/112012 Packet Page -244- Attachment B 2/26/2013 11. D. LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON - RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 87 -25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non - compliant or non - qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove /replace any Subcontractor, at no additional cost to Owner, which is found to be non - compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Work Subcontractor and Address 1. Electrical N/A 2, Mechanical N/A 3. Plumbing N/A 4. Site Work N/A Company: Orion Ma Signature: / /0F David G. Thornton, Sr. VP Date: 02/06/2013 16 Construction Services Agreement for Grant Funded Projects: 1/1/2012 Packet Page -245- Attachment B 2/26/2013 11. D. STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. 1. 2. 3. G! 5. 91 Proiect and Location Reference See Attached Company: Signature: Date: 02/06/2013 17 Constniction Services Agreement for Grant Funded Projects: 111!2012 Packet Page -246- Attachment B 2/26/2013 1 1.D. N N on d N N N r{ N r p O O N � C G O U C C C C > ° X L X L X d� t X of MN '�. QOM MO •�'OO T}OCO .COO C) 0 (00� �O N OD C) 1 _N m � �) O (O 'CO CD (O 3 (V N i U M r O CN O LO to U M M 'O M �' J Co N N !- h C LO LO =M M N r y�0 l0 (O OAM Lo < n.� Co C.9wo0 Xr-r g h O O O — N LL r- to CL O O _O _T 0 J C > irj N O O r N [N7 C') ° O O Q Q Y 0 •"NO (O C N M U J LL U n 2 Z O ) C LL N C �� NLG 7 W C 4. 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O L_ C° O N o f IL Q O '00 1] .0 = 0 N 0 c 0 -p rA N ; N C p N °° T y a Zi L] O N O 7 .X N N a1 to E :t-_ �, C C N Co 'T ° C CO =' M L C 0 U o a <r U m p Q ..i .mC .N U O S m o 0 0 .E a) C ? n .X E 6 N a� ? ? "°f -� S o 0 U S co 00 o D c 7 a7 N LL m m La's Co a� _vas a m N o1 M C U O N C a N r- L m N p p m a c N U 'o 0 f6 oMU?L U ,:r U i a Cn aU o c m �s a a> c CO m 15 > o If m a m CLo 3� U0 oav°i Packet Page -249- 2/26/2013 11. D. Attachment B 2/26/2013 11. D. TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90 -96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) Lj F,SYI 1. 2. 3. 4. 5. N/A on this project TOTAL $ N/A on this pro.ipct Failure to complete the above may result in the Bid being declared non - responsive. Company: Signature: Inc. David G. Packet Page -250- Sr. VP Date: 02/06/2013 18 Construction Services Agreement: Revised 1/112012 Attachment B Cod er cou"ty Administrative Services Division Purchasing Immigration Law Affidavit Certification Solicitation: 13 -6039 2/26/2013 11. D. This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E- Verify program, may deem the Vendor Bidder's proposal as non - responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 ale) Section 274A(e) of the Immigration and Nationality Act ( "INA "). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E- Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's / Bidder's proposal. Company Name Orion Marine Construction, Inc. Print Name David G. Thorntory Signature`. State of Florida County of Hillsborough Title Senior Vice President Date 02/0612013 The foregoing instrument was signed and acknowledged before me this 6th day of February 20 13, by David G. Thornton who has produced N/A (personally known) as identification. (Phnt or Type Name)] t,. (Type of Identification and Number) 1_� 'Y __.. Notary /Public Signature I Laurie A. Simpson Printed Name of Notary Public LAURIE A. SIMPSON My COMMISSION H EE849952 EE849952 / 11106/2016 EXPIRS.N...bc07,2016 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. 19 Construction Services Agreement: Revised 111/2012 Packet Page -251- Attachment B 2/26/2013 11. D. Collier CAMMzty AdminstaMeSem= iJivSW Purdrasing COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name Orion Marine Construction, Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 5440 W. Tyson Ave. City Tampa State Florida Zip 33616 Telephone 813- 839 -8441 Order Information Address same as above FAX 813- 831 -7498 City State Zip FAX Email 2. Company Status (check only one) Email LSimpson (corionmarinegroup.cotn Remit i Payment Information Address 12000 Aerospace Ave. City Houston State TX Zip 77034 FAX 713- 852 -6540 Email LWeasbyCaMrionmarinegroup.com _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) - Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 59- 1158596 (Vendors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under pen s of perjury, I certify that the information shown on this form is correct to my knowledge. fSignature 'j _ _ Date 02106/2013 Title David G. Thomton, Sr. Vice President Phone Number 813 - 839 -8441 20 Construction Services Agreement: Revised 1/112012 Packet Page -252- Attachment B 2/26/2013 11. D. Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid by May 1, 2013, and to be fully completed to the point of final acceptance by the Owner within ten (10) consecutive calendar days after Substantial Completion. Respectfully Submitted: State of Florida County of Hillsborou David G. Thornton Senior Vice President Orion Marine Construction Inc.being first duly swum on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. David G. Thornton, Senior Vice President - Orion Marine Construction, Inq. also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 21 Construction Services Agreement: Revised 08/15/2012 Packet Page -253- Attachment B 2/26/2013 11. D. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida which operates under the legal name of Orion Marine Construction, Inc. , and the full names of its officers are as follows: President Mark R. Stauffer Vice President - David G. Thornton Secretary Peter Buchler Treasurer Mark R. Stauffer Manager Curtis Huggins The Vice President Is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken 01/09/2012 , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co- Partnership The Bidder is a co- partnership consisting of individual partners whose full names are as follows: The co- partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is Packet Page -254- and if 22 Construction Services Agreement: Revised 08/1512012 Attachment B 2/26/2013 11. D. Complete for information contained in (a) Corporation, (b) Co- Partnership or (c) Individual from previous page. DATED 02/06/2013 BY Witness . --- Witnes STATE OF Florida COUNTY OF Hillsborough Florida Corporation Legal entity Orion Maka Ma ' Construction Inc. Name of, r (Typed) `Signature David G. Thornton, Sr. Vice President Title The foregoing instrument was acknowledged before me this by David G. Thornton Orion Marine Construction, Inc, a Florida corporation. He /she is personally known N/A (did not) take an oath. , f My Commission Expires: 1110712016 (Signature of Notary) NAME: Laurie A. Simpson (Legibly Printed) 6th day of February 2013 as Senior Vice President of to corporation, on behalf of the me or has produced as identification and did (AFFIX OFFICIAL SEAL) Notary Public, State of Florida Commission No.: EE849952 N_ LAURIE A. SIMPSON MY COMMISSION k EES49952 °a E'OIItE$; N---b- 07.2016 23 Construction Services Agreement: Revised 08115/2012 Packet Page -255- Attachment B BID BOND KNOW ALL MEN BY THESE PRESENTS, that we 2/26/2013 11. D. Orion Marine Construction, Inc. (herein after called the Principal) and Liberty Mutual Insurance Company , (herein called the Surety), a corporation chartered and existing under the laws of the State of Massachusetts with its principal offices in the city of Boston and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Government (hereinafter called the Owner), in the full and just sum of Five Percent of the Greatest Amount Bid ------------ - - - - -- dollars ($ 5% GAB ------- - - - - -- good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Wiggins Pass Channel Straightening Project Bid No. 13 -6039 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% GAB -- - - - - -- noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 6th day of February 2013 I 24 Construction Services Agreement: Revised 08/15/2012 Packet Page -256- Attachment B 2/26/2013 11.D. Orion Mara(r, Construction, Inc. Principal BY r 1'1 -j. .t U'il1 t .l ;: >� . ' t -�. (Seal) Libepty Mutual I urance Company Surety (Seal) Vickie Lacy, Attorney' n- ac Countersigned Wendy L. ingson, Licensed Florida Resident Agent, License No. A296664, (239) 275 -8226 Local Resident Producing Agent for Valenti Trobec & Woody 4110 Center Point Dr., Suite 215, Fort Myers, FL 33916 25 Construction Services Agreement: Revised 08/1512012 Packet Page -257- «r .N 0 CL d �ui Y CO ,e c +r � M 7 i a 0 4f 0 �> mo .a O do O d cm d w R"M to r_ O r- E -.0-� cc C > ` O L Z v Attachment B 2/26/2013 11. D. THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5142858 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock Insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint MARC W. BOOTS, VICKIE LACY, P.T. OSSURN, RICHARD COVINGTON, MARIA D. ZUNIGA, HEATHER NOLES, JOSEPH R. AULBERT, ALL OF THE CITY OF HOUSTON, STATE OF TEXAS ............... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations In the penal sum not exceeding ONE HUNDRED MILLION AND 00/ f00•«'••"»`•»«•...`•••`•.. ,. »• «.•............••• ««.• «•••« DOLLARS ($ 100, 000,000.00......• «...•`•• «• ». »• ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: I ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the •a chairman or the president may prescribe, shall appoint such attomeys -In-fact, as may be necessary to act in behalf of the Company to make, y execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys - 0) In-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if ei 3 signed by the president and attested by the secretary. ,O By the following Instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XIII, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized — 0 to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety c0 i-- any and all undertakings, bonds, recognizances and other surety obligations. W That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. La- E CL IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty < ch Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 6th day of February 0 2012 a1 Krrr LIBERTY MUTUAL INSURANCE COMPANY 3 ets 05 s tst2. $ 11L (0 u � By 441_17,4 t IR David M. Carey, 46istant Secretary ,F' 0) COMMONWEALTH OF PENNSYLVANIA ss O c COUNTY OF MONTGOMERY 0 �3 On this 61h day of February 2012, before me, a Notary Public, personally came David M. Carey, to me known, and m acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed >'Q the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said N corporation. W IN TESTIMONY first above writte. CERTIFICATE "FfvSYL�t'` 'Cr I, the undersigned, A! P61 4 1 arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, i ce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 6th day of February 2013 . t rF ° * " Gregory W.- Davenport, Assistant Secretary Packet Page -258- E N subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year ;,_ PPP NO elal Seal - O O 0 { Tereca ?astelle, Votary Public Nwrr h Trip.. Montgomery county tD u My Comrrisaon Expires Mar. 28, 2073 By -- O i— r rjt Member, Pennskwarda Ass:Dd Gon of Notalm Teresa Pastella, Notary Public CERTIFICATE "FfvSYL�t'` 'Cr I, the undersigned, A! P61 4 1 arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, i ce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 6th day of February 2013 . t rF ° * " Gregory W.- Davenport, Assistant Secretary Packet Page -258- Attachment B WIGGINS PASS MAINTENANCE DREDGING COLLIER COUNTY BID NO. 12- December 2012 COLLIER COUNTY COASTAL ZONE MANAGEMENT DEPARTMENT Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Design Professional: Coastal Planning & Engineering, Inc. 2481 N.W. Boca Raton Blvd. Boca Raton, FL 33431 (561) 391 -8102 Packet Page -259- 2/26/2013 11. D. Attachment B PRE -BID INFORMATION (Attach to Bid Form and include attachments as necessary) 2/26/2013 11. D. I I A. Describe Bidder's proposed method of completing the Work being bid and a time schedule for implementation. The time to mobilize and complete the work will be considered along with bid price in award; therefore, be specific. See attached draft construction sequence. B. What size dredge do you propose for the work? What is the estimated daily production rate for the dredge proposed for the work? What is the estimated duration of the work in days and months? Orion will utilize a 14" hydraulic cutter suction dredge with approximately 2,000 horsepower. The estimated daily production is 1,800 -2,000 cubic yards per day. The estimated duration for hydraulic dredging is approximately 55 to 65 calendar days after being issued a Notice to Proceed. The dredging of unsuitable materials will be completed using a CAT 320C or equivalent machine. The estimated daily production for unsuitable materials is approximately 150 to 250 cubic yards per day. The total duration for dredging unsuitable materials is approximately 45 to 63 calendar days after being issued a Notice to Proceed. C. What size and type of equipment will you used on this project, to include scows, boosters, cranes, barges, excavators etc.? What equipment will you purchase or rent for the proposed work? Orion will utilize a 30 x 70 sectional barge with spuds and steel material bins, a 150 x SO spud barge with a Manitowoc 4600 crawler crane and clamshell buckets, a 1,000 horsepower push boat for use with the crane barge, two 400 horsepower tender boats for use with either the Jeri B hydraulic dredge or with the barge mounted excavator. While pumping material on the beach Orion will use two Cat D -5 (or equivalent) dozers. Orion owns all of the equipment listed above with the exception of the sectional barge and the dozers. i Packet Page -260 - Attachment B 2/26/2013 11.D. D. List key personnel Bidder proposes to use on this project including their qualifications and prior experience, j Curtis Huggins - Vice President Jared Rackley - Project Manager (See attached resume) E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. DSACE nc nnci w � dcin 33-43 ft Protect Dnner Channel 95 —'742 5/1/013 Tampa Port Authority OSP00049 Tampa Port Authority FY 2012 -2014 Maint. Dredging $9,927,803 10/3112014 J Honeywell Inc 06PODS22 Maintenance Dredging of Intake $287,721 2/15/2013 Bayou Companies, LLC sga p — tenance 2 9,550 3/1/2013 spray miser, Inc. 06P00506 maintenance Dredging of Slip $134,500 3/1/2013 F. Will you sublet any part of this work? If so, give details. Orion will subcontract with Turrell, Hall & Associates, Inc. who will provide the hardbottom /seagrass survey and delineation,Turrell, Hall & Associates, Inc. who will provide the specified turbidity monitoring service, and Sea Diversified, Inc. who will provide the pre, post, and interim hydrographic and beach fill surveys. G. What is the last dredging project of this nature that you have completed? Orion completed the Wiggins & Doctors Passes Dredging Project for the Collier County Board of county Commissioners in 2009. This project included dredging within the pass and placement of the material within the North near shore placement area. H. Have you ever failed to complete work awarded to you: If so, where and why? 1 No. Packet Page -261- Attachment B 2/26/2013 11. D. I. How do you propose to remove the rock layer? The rock layer will be removed using a rock ripper bucket bucket which will be attached to a CAT 320C (or similar) excavator. The excavator will be located on a sectional barge. If necessary Orion will use a clamshell dredge to break the rock with a rock 20,000# rock punch. J. List experience with Gulf/open ocean ebb channel (shoal) dredging. Orion has completed numerous similar dredging projects including the 2009 Wiggins k Doctors Passes Dredging Project, 2010 CIAP (Coastal Impact Assistance Plan) Small Dredge Project for Lafourche Parish, LA which was a marsh creation project, but most recently, Orion used the Jeri B to complete a 3 year dredging project maintaining federal navigation channels in Virginia. K. Name three individuals or corporations for which you have performed work and their contact information as references. Hunter Gray, contract administrator, United States Army Corps of Engineers, Norfolk District - 757 -201 -7031 George Isiminger, P.E., Senior Director of Engineering, Maintenance and Environmental Affairs, Port Manatee - 941 -722. -6621 Patrick Blair, P.E., Project Manager, Tampa Port Authority - 813- 404 -4724 0 The undersigned guarantees the truth and accuracy of all statements and answers made herein. Orion Magri tIC o Ztruction, Inc. Signature of Bidder t By David G. Thornton, Sr. Vice President Name Business Address 5440 W. Tyson Ave. Tampa, FL 33611 Incorporated under the laws of the State of Florida Packet Page -262- Attachment B 1 ,�Is1�?"�ih l�.,.:kC113aGr C,.rri�'El ....:I,i.xu^4�nl�iq ui1tz=,. 5440 West Tyson Ave. / Tampa, Florida 33611 / P.O. Box 13427 Zip 33681 -3427 Telephone (813) 839 -8441 / Fax (813) 831 -7498 A- Draft Work Plan Pre - Mobilization: 2/26/2013 11. D. Orion Marine Construction, Inc. (Orion) will begin this project by subcontracting with Turrell, Hail & Associates, Inc., an environmental engineering firm, which will provide subaqueous surveys and delineations of local seagrass beds and hardbottom communities which have potential impacts on dredging operations. Mobilization: Following completion of the seagrass/ha rd bottom surveys Orion will mobilize the dredge Jeri B, barge mounted excavator and associated plant to the worksite. While the hydraulic dredge is mobilizing on site Orion will install pile supported turbidity curtains on both sides of the Flood Shoal Disposal Area. The piling will consist of 44 timbers located at approximately twenty five feet on center and will be marked in accordance with United States Coast Guard Regulations for navigation. Dredging: Orion will commence dredging operations in the Flood Channel at station C -3 and proceed to station C -16 on the southern side of the proposed channel alignment. There Orion will dredge at least a half channel width for navigation purposes. This material will be placed in and adjacent to the Flood Shoal Disposal Area. Once a navigation channel has been established in the Flood Channel from C -3 to C -16 the Flood Shoal Disposal Area will be closed on the eastern and western ends using earthen berms, Orion will then complete the dredging of the Flood Channel from C -3 to C -16: Following completion of the Flood Channel the Jeri B will be relocated to the seaward edge of the Ebb Channel where it will dredge all material to complete the Flood Shoal Disposal area or which is designated for disposal on Barefoot Beach. Upon completion of hydraulic dredging in the Ebb Channel the Jeri B will again be relocated to station C -16 where it will continue dredging the pilot channel in an easterly direction until it has reached station C -23. The Jeri B will continue the full width dredge cut to approximately station C -26.5 where the proposed project terminates. Orion will utilize a barge mounted excavator to dredge the unsuitable materials. The barge mounted excavator, which will be equipped with steel sand bins, will utilize bucket positioning software to ensure that it achieves the prescribed channel template. The process of dredging the unsuitable materials will begin after the barge has completed the installation of the turbidity barriers at the Flood Shoal Disposal Area and the Flood Channel and as soon as the Jeri B has finished dredging the overburden within the southern half of the Flood Channel. Following removal of the unsuitable materials in the Flood Channel and after the Jeri B has cleared a navigation channel within the Flood Channel; the barge will be moved inland to approximately station C -18.5 where it will begin dredging the unsuitable materials that are exposed at the surface. The last order of work for the barge mounted excavator will be to dredge the unsuitable rock and sand located in the Ebb Channel. All unsuitable material removed will be barged to the designated offshore disposal area where it will mechanically removed from the sand bins and placed as specified. Packet Page -263- Attachment B Jared Rackley PROJECT MANAGER 2/26/2013 11. D. PROFESSIONAL EXPERIENCE 2008 to ORION MARINE CONSTRUCTION, INC. F /K /A ORION DREDGING SERVICES, Present LLC, TAMPA, FL PROJECT MANAGER • Exposed to all phases of operations from technical to administration; operation of dredge, tugs, cranes, heavy equipment, administration, finance, bidding, and operations management. • Coordinated activities of operations department to obtain optimum use of equipment, facilities, and personnel. • Assisted subordinates and owners in identifying and resolving problems. • Expedited communication between department heads • Conferred and cooperated with management personnel if formulating administrative policies and procedures. • Organized, planned and executed daily dredging operations. • Contributed vision and management expertise critical to organizational efficiency and business growth for International Marine Contractor. • Manage and supervise Land and Hydrographic Surveys, process data, AutoCAD, Plotting, CQC reports, Daily Production Reports, Manatee Observation Reports • Manage and supervise water quality tests ranging from PH, DO, Turbidity, Copper, Lead, and Arsenic. As well as prepare and certify reports to applicable regulatory agencies. • Supervision of dredging operations and 24 hour emergency contact. 2007 -2008 GREAT LAKES DREDGE & DOCK, LLC. CHICAGO, IL FIELD ENGINEER JOB REQUIREMENTS: • Management. • Assist in planning and designing numerous acceptance sections and upland sites • Assist in preparing daily and weekly reports • Work with dredge and fill site crews on a daily basis • Assist contract and site managers manage the projects • Hydro Surveying: • Single Beam and Multi -beam • Odom MKII and MKIII • Atlas Fansweep • Trimble DGPS • TSS \POS MV • Odom Digibar • Valeport Tide Gauge • Hypack. • Survey, edit, sort and determine volumes in TIN Model or Cross 1 of 3 Packet Page -264- a- i 1, Attachment B Jared Rackley PROJECT MANAGER 2/26/2013 11. D. PROFESSIONAL EXPERIENCE 2008 to ORION MARINE CONSTRUCTION, INC. F /K /A ORION DREDGING SERVICES, Present LLC, TAMPA, FL PROJECT MANAGER • Exposed to all phases of operations from technical to administration; operation of dredge, tugs, cranes, heavy equipment, administration, finance, bidding, and operations management. • Coordinated activities of operations department to obtain optimum use of equipment, facilities, and personnel. • Assisted subordinates and owners in identifying and resolving problems. • Expedited communication between department heads • Conferred and cooperated with management personnel if formulating administrative policies and procedures. • Organized, planned and executed daily dredging operations. • Contributed vision and management expertise critical to organizational efficiency and business growth for International Marine Contractor. • Manage and supervise Land and Hydrographic Surveys, process data, AutoCAD, Plotting, CQC reports, Daily Production Reports, Manatee Observation Reports • Manage and supervise water quality tests ranging from PH, DO, Turbidity, Copper, Lead, and Arsenic. As well as prepare and certify reports to applicable regulatory agencies. • Supervision of dredging operations and 24 hour emergency contact. 2007 -2008 GREAT LAKES DREDGE & DOCK, LLC. CHICAGO, IL FIELD ENGINEER JOB REQUIREMENTS: • Management. • Assist in planning and designing numerous acceptance sections and upland sites • Assist in preparing daily and weekly reports • Work with dredge and fill site crews on a daily basis • Assist contract and site managers manage the projects • Hydro Surveying: • Single Beam and Multi -beam • Odom MKII and MKIII • Atlas Fansweep • Trimble DGPS • TSS \POS MV • Odom Digibar • Valeport Tide Gauge • Hypack. • Survey, edit, sort and determine volumes in TIN Model or Cross 1 of 3 Packet Page -264- 2007 Attachment B Jared Rackley PROJECT MANAGER Sections and Volumes • Advanced Channel Design Line, Boat Shape, Border, Matrix, and Target Editor • Single Beam Editor • Multi Beam Editor • Cross Sections • AutoCAD: Basic knowledge of commands • Layout setup • Plot • RTK: • Trimble 5700 • Trimble 4600 • Trimble ms750 • Pacrest and Teledesign Radios SUBAQUEOUS SERVICES, INC. ORLANDO, FL FIELD ENGINEER 2/26/2013 11. D. JOB REQUIREMENTS: • Hydro Surveying: • Odom Hydrotrac • Odom Mark III (Dual Frequency) • Hypack: • Survey, edit, sort and determine volumes in TIN Model or Cross Sections and Volumes • Create and merge matrix files • Channel Design • Line, Boat Shape, Border, Matrix, and Target Editor • Single Beam Editor • Export in TIN Model • Hyplot • Export to and plot in CAD • Dredgepack: • Load channel, line, and matrix files • Load data display, map, and cutter head profile • Dredge Setup and Calibration: • Heading and Position GPS, Gyro, Ladder Inclinometer, and Etrac Tide Gauge • RTK: • EPOCH • TDS Data Collection 2 of 3 Packet Page -265- Attachment B Jared Rackley PROJECT MANAGER 2/26/2013 11. D. 2005 -2007 FLAT WOODS LAND CLEARING AND DISASTER RELIEF ALTHA, FL OWNER • Created Drawings from Survey Notes. • Revised Drawings from Engineer's Notes. • Participated in Department Meetings. • Performed Network System Maintenance. 2001 -2005 RIVER ROAD TRUCKING II, INC. SUPERVISOR • Supervised Field Crews • Maintained Equipment • Administered Payroll Notable Dredging Proiects worked on as Field Engineer (Proiect /Location): • South End Hookers Point - Tampa, FL- Berths 213, 214, 215, 218 • MOL Dames Point - Jacksonville, FL - Berth 17 • BIMT Maintenance Dredging - Jacksonville, FL • Sutherland Bayou Dredging - Tampa, FL • TMT Maintenance Dredging - Jacksonville, FL • Indian Bay Maintenance Dredging - Cocoa, FL • Berth 18 Maintenance Dredging - Jacksonville, FL • Sebastian River Dredging - Sebastian, FL • Columbia River Improvement Project - Vancouver, WA • West Coast Maintenance Hopper Project - Astoria, OR • Tybee Island Beach Renourishment - Tybee Island, GA Notable Dredging Projects worked on as Project Manager (Project /Locationl: • Lake Hartwell PCB Cleanup - Central, SC • FY 2007 -2011 Tampa Port Authority Navigational Improvements - Tampa, FL • IDIQ Maintenance Dredging, James River, Virginia - Richmond, VA EDUCATION: 2001 -2004 A.A. General Studies - Chipola College, Marianna, FL. Class Spring 2004 1999 -2001 Liberty County High School, Bristol, FL - Class Spring 2001 3 of 3 Packet Page -266- Attachment B 2/2612013 11.D. ORLON MARINE CONSTRUCTION, INC SECRETARY'S CERTIFICATE OF CERTAIN RESOLUTIONS DULY ADOPTED BY THE BOARD OF DIRECTORS January 9, 2012 I, Laurie A. Simpson, the duly qualified and acting Assistant Secretary of Orion Marine Construction, Inc., a Florida corporation (the "Company "), hereby certify that below is a true, correct and complete copy of resolutions duly approved and adopted by written consents of the Board of Directors of the Company on December 31, 2011, which resolutions have not been revoked, modified, amended or rescinded and are still in full force and effect on and as of the date hereof. Authority to Sign Proposals and Contracts: BE IT RESOLVED, by the sole member of the Board of Directors of Orion Marine Construction, Inc., (the "Company ") that David G. Thornton, Senior Vice President, Construction Operations, Atlantic & Caribbean, of the Company, be, and hereby is authorized, empowered and directed for and on behalf of the Company to negotiate for and sign any and all bid proposals and /or contracts which this Company might enter for the furnishing of services of the Company under such terms, conditions and stipulations, and for consideration as he might deem to be in the best interest of the Company. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate in the name and on behalf of the Company on and as of the date first written above. Orion Marine Construction; Inc. Laurie-A. Simpson, Assistant Secretary Packet Page -267- Attachment B State of Florida Department of State I certify from the records of this office that ORION MARINE CONSTRUCTION, INC. is a corporation organized under the laws of the State of Florida, filed on February 8, 1967, effective February 8, 1967. The document number of this corporation is 31373. I further certify that said corporation has paid all fees due this office through December 31, 2013; that its most recent annual report /uniform. business report was filed on January 2' :), 2013, and its statics is active. I further certify that said corporation has not filed Articles of Dissolution. Given under ►ny hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this is the Tweno, third day of January, 2013 ve?` 0 4 �-� j'W Secretary of State Authentication ID: CC6927537740 To authenticate this certificate,visit the following site,enter this ID, and then follow the instructions displayed. https:// efile .sunbiz.org /certautlrver.htiui Packet Page -268- 2/26/2013 11. D. COUnty Administrtive Servlces Dwision PumJiasing Memorandum Date: January 4, 2013 From: Scott D. Johnson To: Interested Bidders Attachment B Email: scottjohnson @colliergov.net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 Subject: Addendum #1 Solicitation # and Title 13 -6039 Wiggins Pass Channel Straightening Project 2/26/2013 11. D. The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Add the following Exhibits to the online bidding system: • Exhibit I • Exhibit J • Exhibit M If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. David G. Thornton, Sr. Vice President 02/06/2013 (Signature) Date Orion Marine Constriction, Inc. (Name of Firm) AddendumTemplate Revised: 4115/10 1 Packet Page -269- v per �aN.1�.t� Admrnistrative Services Division , - hasina Memorandum Date: January 31, 2013 From: Scott D. Johnson To: Interested Bidders Attachment B Email: scottjohnson @colliergov,net Telephone: (239) 252 -8995 FAX: (239) 252 -6588 ADDENDUM 2 Subject: Addendum # 2 Solicitation # and Title 13 -6039 Wiggins Pass Channel Straightening Project 2/26/2013 11. D. The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: 1. Technical Specifications Section II. Paragraphs 1.0 and 1.1 Replace "Barefoot Beach" disposal area with the "North Onshore" Disposal Area. They refer to the same location. Material for the onshore disposal can overflow into the offshore disposal area. Scarp repair will be beach compatible sand from dredging shaped into a minimum of a 1:10 slope from the existing top of scarp until it intercepts the beach or nearshore region. Add to Paragraph 1.1: The project area, in particular areas with thin dredging sections, will be re- examined for removal from dredging using the pre- dredge survey results. Section ll. Paragraph 1.2: Remove strikethrough and add the following lines as shown: The bid values do not include the over dredge volume, except for the rock area. In the rock area, the desired bottom elevation of the channel is -12 NAVD. The permitted depth of the dredge alt is -13 NAVD. The one foot difference is identified as over dredge to obtain a desired elevation of -12 NAVD. The over dredge amount has been computed in the rock quantities for this area. — tt1e4-eGk- 4rea --(dtation-O*GG 9- &"09) shall be dredged to the ayeF d ° q e depth lirnits-,-a-Rd-the bid- v_lume&+ef . No dredging is required below grade. AddendumTemplate Revised: 4/15/10 1 Packet Page -270- Attachment B 2/26/2013 11. D. Section 11. Paragraphs 9.6 to 9.8; There is no change to these paragraphs, except the following. The contractor is not responsible for removing any material below grade, including rock. The division between types of material are as show in the plans (Sheets 5, 7, 10, 12 and 13) and in Appendix D -1 (Table 2 and Figure 4 on page 8). Delete the following strikethrough from paragraph 9.8 Acceptance will be based on full dredging of the cross - section down to the design cut. The bench :; . `k oi' the side slopos car: extend into dredge rFgion.- exrepg...ir:;...tl-re A bathymetric map surveyed during May 2012 is attached to this document. Pre -bid meeting clarification points 1. The USACE permit is still pending but is expected to be complete by contract award. 2. The county will entertain alternate construction approaches for this project with reasonable assurance that substantial completion is by 5/1 /2013. 3. Cocohatchee River Park is not available for unsuitable material disposal. 4. The double cross hatched area identified on the project drawings contains material that is suitable for disposal in the near shore mixing zone. 2. General Specifications A contractor license is not needed for dredging Packet Page -271- Attachment B 2/26/2013 11. D. THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E- Verify profile page or memorandum of understanding 7, Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: <*Bid Number; 13 -6039 4*Project Name; Wiggins Pass Channel Straightening Project <*Opening Date. 216/2013 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER - DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Orion Marine Constfuction, Inc. Bidder 11" / 4 David G. Thornton, Sr. VP Signature & Title Date: 02/06/2013 26 Construction Services Agreement: Revised 08/1512012 Packet Page -272- Attachment B 2/26/2013 11. D. CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ( "Owner ") hereby contracts with Orion Marine Construction, Inc. ( "Contractor ") of 5440 W Tyson Ave, Tampa, FL 33611, a Corporation ,authorized to do business in the State of Florida, to perform all work ( "Work ") in connection with Wiggins Pass Channel Straightening Project, Bid No. 13- 6039( "Project "), as said Work is set forth in the Plans and Specifications prepared by Coastal Planning & Engineering, the Engineer and /or Architect of Record ( "Design Professional') and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract'). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount'), in accordance with the terms of this Agreement: One Million Seven Hundred Fifty -Four Thousand Eight Hundred Eighty Four Dollars and Seventy Two Cents ($1,754,884.72) Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be 27 Construction Services Agreement: Revised 08/15/2012 Packet Page -273- Attachment B 2/26/2013 11. D. underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www .fms.treas.gov /c570 /c570.html #certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion by May 1, 2013 (herein "Contract Time "). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within ten (10) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized .representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, One Thousand five hundred ten dollars and ten cents ($1510.10) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is 28 Construction Services Agreement: Revised 08/15/2012 Packet Page -274- Attachment B 2/26/2013 1 1.D. reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his /her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. . F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated 1. damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. 29 Construction Services Agreement: Revised 0 8/1 512 01 2 Packet Page -275- Attachment B 2/26/2013 11. D. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non -delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Engineering and identified as follows: Wiggins Pass Project as shown on Plan Sheets 1 through 18. Exhibit N: Contractor's List of Key Personnel Coastal Planning & Channel Straightening ITB 13 -6039 Wiggins Pass Channel Straightening Terms and Conditions Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E -mail or Facsimile, addressed to the following: Gary McAlpin, PE Collier County Coastal Zone Management Department 2800 Horseshoe Drive Naples, FL 34104 Tel: 239/252 -5342 Fax: 239/252 -2950 30 Construction Services Agreement: Revised 08/15/2012 Packet Page -276- Attachment B 2/26/2013 11. D. B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Orion Marine Construction, Inc. David G. Thornton, SR VP 6440 W. Tyson Ave. Tampa, FL 33611 Tel: 813/839 -8441 Fax: 813/831 -7498 Email: LSimpson(a-)orionmarinegroup.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assiqns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. 31 Construction Services Agreement: Revised 08/15/2012 Packet Page -277- Attachment B 2/26/2013 11. D. Section 12. No Waiver. The failure of the Owner to enforce at any time & for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 32 Construction Services Agreement: Revised 08/15/2012 Packet Page -278- Attachment B 2/26/2013 11. D. Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WINESSES: FIRST WITNESS Type /Print Name SECOND WITNESS Type /Print Name Date: ATTEST: Dwight E. Brock, Clerk BY: Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney CONTRACTOR: Orion Marine Construction, Inc. By: Type /Print Name and Title OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA BY: Georgia A. Hiller, Esq., Chairwoman 33 Construction Services Agreement: Revised 08/15/2012 Packet Page -279- Attachment B EXHIBIT A 1: PUBLIC PAYMENT BOND Wiggins Pass Channel Straightening Project Bond No. Contract No. 13 -6039 KNOW ALL MEN BY THESE PRESENTS: That 2/26/2013 11. D. as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under - signed representative, pursuant to authority of its governing body. 34 Construction Services Agreement: Revised 08/15/2012 Packet Page -280- Signed, sealed and delivered in the presence of: Witnesses as to Principal Attachment B BY: NAME: ITS: PRINCIPAL 2/26/2013 11. D. STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety NAME: (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 35 Construction Services Agreement: Revised 08/1512012 Packet Page -281- Attachment B •m Witnesses 2/26/2013 11. D. As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 36 Construction Services Agreement: Revised 08/15/2012 Packet Page -282- 0 Attachment B 2/26/2013 11. D. EXHIBIT A 2: PUBLIC PERFORMANCE BOND Wiggins Pass Channel Straightening Project Bond No. Contract No. 13 -6039 KNOW ALL MEN BY THESE PRESENTS: , as Principal 1 That and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 20 with Obligee day of for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 37 Construction Services Agreement: Revised 08/15/2012 Packet Page -283- Attachment B 2/26/2013 11. D. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being 'affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL L� Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ 20 by as of corporation, on behalf of the corporation. personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: day of ,a He /she is 38 Construction Services Agreement: Revised 08/1512012 Packet Page -284- ATTEST: Witnesses as to Surety Witnesses STATE OF COUNTY OF Attachment B SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) 2/26/2013 11. D. The foregoing instrument was acknowledged before me this day of 20 1 by as of a Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: 39 Construction Services Agreement: Revised 08/15/2012 Packet Page -285- Attachment B Commission No.: 2/26/2013 11. D. 40 Construction Services Agreement: Revised 08/15/2012 Packet Page -286- Attachment B 2/26/2013 11. D. EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be Vendor's sole responsibility. Coverages shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverages required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Vendor for such coverages purchased. If Vendor fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this 41 Construction Services Agreement: Revised 08/15/2012 Packet Page -287- Attachment B 2/26/2013 11. D. Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 42 Construction Services Agreement: Revised 08/15/2012 Packet Page -288- Attachment B 2/26/2013 11. D. Collier County Florida INSURANCE AND BONDING REQUIREMENTS Insurance.], Bond Type ., Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000,000 single limit per occurrence 3. ® Commercial General $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability (Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ® Watercraft $ 1,000,000 Per Occurrence noted: ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 43 Construction Services Agreement: Revised 08/15/2012 Packet Page -289- Attachment B 2/26/2013 11. D. 6. ® Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ® Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Vendor Signature Print Name Insurance Agency Agent Name Packet Page -290- Date Telephone Number 44 Construction Services Agreement: Revised 08/1512012 Attachment B EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: 2/26/2013 11. D. (1) In accordance with the Contract Documents and in consideration of $ paid, ( "Contractor ") releases and waives for itself and it's subcontractors, material -men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated 20 for the period from to excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material -men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly /final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 120 by , as of , a corporation, on behalf of the corporation. fe /she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: NAME: (Signature of Notary) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 45 Construction Services Agreement: Revised 08/15/2012 Packet Page -291- Attachment B EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water -Sewer District (the OWNER) Bid No. Project No. Purchase Order No. Application Date 2/26/2013 11. D. FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ _ Percent Work completed to Date: % Percent Contract Time completed to Date Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ Less Retainage $ Total Earned Less Retainage $ Less previous payment (s) $ AMOUNT DUE THIS APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : . (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Packet Page -292- 4s Construction Services Agreement: Revised 0811512012 Attachment B 2/26/2013 11.D. 2§ \ 2 .� \ § / \ ? \ G �§] k §§I 0 B § ; UJ �� .a w_ D \E �� %\ \M ui ID k§ }\ @ CO � CD � G& §ƒ \_ ,2 m2 ©C /- CL wul \\ §§ C� )k u §2w j\ 2 uj ® S k §k/ \" �£ m � j( ■ /§ �) °° ■ }] �o E f 2 e 4 CO z 2i2 q pia ƒ /!� 2 I CL CL 2( 0k .U- CL �0 LU E <k \(1) & §a �@ U) \ k §o k\ )§ IL / ] = ww b\ 0§ )_ #5 §/ �) S �7(D > _ $$ :0 2 %© § �§§ E ©o= a. 2 \�u § n 53/ 2 k 0 B \ /] 3 C 4�k c ! g2 2 2 � �§ $�k OL / Packet Pa -293- } / \ 2/26/2013 11.D. 2§ \ 2 .� \ § / \ ? \ G mn U Q fC E C LL O w d a R 'L d Cta C CD L O w a� c c 0 U_ L X W Attachment B Packet Page -294- 2/26/2013 11. D. W N O N W O N d c at E d d `M rn Q U .2 rn c 0 U 0 C O 0 0 W = N C iR ts m O d .` ❑wa N H! C r (A � 7 U C is W L = � O > d w H w to < O CD d 0 L. 0: as `m w � o E �z L d m c 0 w w D .a: tC Packet Page -294- 2/26/2013 11. D. W N O N W O N d c at E d d `M rn Q U .2 rn c 0 U 0 C O 0 Attachment B 2/26/2013 11. D. EXHIBIT E: CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No.: Change Order No.: Date: Change Order Description Original Agreement Amount ............................. ..............................$ Sum of previous Change Orders Amount ......... ..............................$ This Change Order Amount ............................ ............................... $ Revised Agreement Amount ........................................................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Project Manager Recommended by: Design Professional Accepted by: Contractor Approved by: Department Director Approved by: Division Administrator Approved by: Purchasing Department Authorized by Date: Date: Date: Date: Date: Date: Date: 49 Construction Services Agreement: Revised 08/15/2012 Packet Page -295- Attachment B Director (For use by Owner: Fund Cost Center: Number: ) 2/26/2013 11. D. Object Code: Project 50 Construction Services Agreement: Revised 08/15/2012 Packet Page -296- Attachment B EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Date Design Professional's Project No. 2/26/2013 11. D. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: ire OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 51 Construction Services Agreement: Revised 08/15/2012 Packet Page -297- Attachment B 2/26/2013 11. D. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on 120 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title OWNER accepts this Certificate of Substantial Completion on 120 OWNER Type Name and Title 52 Construction Services Agreement: Revised 08/15/2012 Packet Page -298- Bid No.: _ 20 Contractor: Attachment B EXHIBIT G: FINAL PAYMENT CHECKLIST Project No.: The following items have been secured by the for the Project known as 2/26/2013 11. D. Date: , and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to- Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As -Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). S. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N /A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name & Title) 53 Construction Services Agreement: Revised 08/15/2012 Packet Page -299- By Design Professional: By Owner: Attachment B 2/26/2013 11. D. (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 54 Construction Services Agreement: Revised 08/15/2012 Packet Page -300- Attachment B 2/26/2013 11. D. EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 55 Construction Services Agreement: Revised 08/15/2012 Packet Page -301- Attachment B 2/26/2013 11. D. availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub- Section 2.2 as the "Utilities ". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service. interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 56 Construction Services Agreement: Revised 08/15/2012 Packet Page -302- Attachment B 3. SCHEDULE. 2/26/2013 11. D. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule "). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 57 Construction Services Agreement: Revised 08/15/2012 Packet Page -303- Attachment B 2/26/2013 11. D. 4.3 Contractor shall submit all Applications for Payment to Steve Keehn, Coastal Planning & Engineering, located at 2481 NW Boca Raton BLVD; Boca Raton, FL 33431. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re- submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10 %) of the gross amount of each monthly payment request or ten percent (10 %) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to 58 Construction Services Agreement: Revised 08/15/2012 Packet Page -304- Attachment B 2/26/2013 11. D. fifty percent (50 %) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Purchasing Policy. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub - subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub - subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and /or services purchased as a part of this contract. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 59 Construction Services Agreement: Revised 08/15/2012 Packet Page -305- Attachment B 2/26/2013 11. D. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non - compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non - liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise 60 Construction Services Agreement: Revised 08/15/2012 Packet Page -306- Attachment B 2/26/2013 11. D. relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 61 Construction Services Agreement: Revised 08/15/2012 Packet Page -307- Attachment B 2/26/2013 11. D. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, AS- BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub - Contractor's personnel; 8.1.4 The number of Contractor's and Sub - Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 62 Construction Services Agreement: Revised 08/1512012 Packet Page -308- Attachment B 2/26/2013 11. D. 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As- Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under 63 Construction Services Agreement: Revised 08/15/2012 Packet Page -309- Attachment B 2/26/2013 11. D. the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and 64 Construction Services Agreement: Revised 08/15/2012 Packet Page -310- Attachment B 2/26/2013 11. D. Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10 %) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10 %) markup for all overhead and profit for all Subcontractors' and sub - subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5 %) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15 %). All compensation due Contractor and any Subcontractor or sub - subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 65 Construction Services Agreement: Revised 08/15/2012 Packet Page -311- Attachment B 2/26/2013 11. D. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty -eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shalt proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty -eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty -eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 66 Construction Services Agreement: Revised 08/15/2012 Packet Page -312- Attachment B 2/26/2013 11. D. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 67 Construction Services Agreement: Revised 08/15/2012 Packet Page -313- Attachment B 2/26/2013 11. D. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying 68 Construction Services Agreement: Revised 08/15/2012 Packet Page -314- Attachment B 2/26/2013 11. D. with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the BidderNendor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's / vendor's proposal may be deemed non - responsive. Additionally, vendors shall require all subcontracted vendors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this 69 Construction Services Agreement: Revised 08/1512012 Packet Page -315- Attachment B 2/26/2013 11. D. affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 70 Construction Services Agreement: Revised 08/1512012 Packet Page -316- Attachment B 2/26/2013 11.D. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 71 Construction Services Agreement: Revised 08/15/2012 Packet Page -317- Attachment B 2/26/2013 11. D. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re- letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the 72 Construction Services Agreement: Revised 08/1512012 Packet Page -318- Attachment B 2/26/2013 11. D. procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its 73 Construction Services Agreement: Revised 08/15/2012 Packet Page -319- Attachment B 2/26/2013 11. D. recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, 74 Construction Services Agreement: Revised 08/1512012 Packet Page -320- Attachment B 2/26/2013 11. D. tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re- inspection fees and costs; to the extent such re- inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions -by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non - defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, 75 Construction Services Agreement: Revised 08/15/2012 Packet Page -321- Attachment B 2/26/2013 11. D. exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and /or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and 76 Construction Services Agreement: Revised 08/15/2012 Packet Page -322- Attachment B 2/26/2013 11. D. consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.13, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 77 Construction Services Agreement: Revised 08115/2012 Packet Page -323- Attachment B 2/26/2013 11. D. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty -eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and.programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and /or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 78 Construction Services Agreement: Revised 08/15/2012 Packet Page -324- Attachment B 2/26/2013 11. D. 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees "), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 7s Construction Services Agreement: Revised 08/15/2012 Packet Page -325- Attachment B 2/26/2013 11. D. 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre- construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre- construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 80 Construction Services Agreement: Revised 08115/2012 Packet Page -326- Attachment B 2/26/2013 11. D. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and /or Purchasing Departments, and is available on -line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ( "MOT ") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ( "Direct Purchase "). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within 81 Construction Services Agreement: Revised 08/15/2012 Packet Page -327- Attachment B 2/26/2013 11. D. and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87 -25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self- performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such 82 Construction Services Agreement: Revised 08/15/2012 Packet Page -328- Attachment B 2/26/2013 1 1.D. work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub - subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub - subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on -site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 83 Construction Services Agreement: Revised 08/1512012 Packet Page =329- Attachment B 33.6.2 In the event of a change in the work, adjustments in the contract sum are limited exclusively changes plus no more than 10% for overhead and profit. 2/26/2013 11. D. the Subcontractor's claim for to its actual costs for such 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal /Approval Logs 34.1.4 Equipment Purchase /Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost - Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As- Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 84 Construction Services Agreement: Revised 08/15/2012 Packet Page -330- Attachment B 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements 2/26/2013 11. D. The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board ", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project_ development. A "project" shall be defined as the collective contracts, which may include but not be 85 Construction Services Agreement: Revised 08/15/2012 Packet Page -331- Attachment B 2/26/2013 11. D. limited to: design, construction, and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND /UNDERGROUND TANKS An underground 62 -761, Florida Administrative Code (F.A.C.) or aboveground 62 -762, F.A.C. regulated tank requires notification to the `County prior to installation or closure of the tank. The Pollution Control Department (239- 252 - 2502), via contract GC -690 with the Florida Department of Environmental Protection (FDEP), is the County (local program) for the purposes of these rules. Regulated tanks require notification to the `county' local program thirty (30) days prior to installation and again forty -eight (48) hours prior to commencement of the installation. Closure activities require a ten (10) day notification and then a forty -eight (48) hour notification prior to commencement. The notification is to allow for scheduling of the inspections pertaining to the installation /closure activities. A series of inspections will be scheduled based upon system design after discussing the project with the contractor /project manager. Specifics on applicability, exemptions, and requirements for regulated pollutant storage tank systems can be found in 62 -761, F.A.C. and 62 -762, F.A.C. or you may contact the Pollution Control Department with your questions. Please note that equipment must be listed on the FDEP approved equipment list and will be verified at inspection along with installation and testing procedures. The approved equipment list is constantly updated and can be found at the FDEP Storage Tank Regulation website along with rules, forms and other applicable information. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well - groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator 86 Construction Services Agreement: Revised 08/15/2012 Packet Page -332- Attachment B 2/26/2013 11. D. certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 87 Construction Services Agreement: Revised 08/1512012 Packet Page -333- Attachment B EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 2/26/2013 11. D. Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: Exhibit I FEMA 2012 10 -24 Supplemental Conditions 97.036 88 Construction Services Agreement: Revised 08/15/2012 Packet Page -334- Attachment B 2/26/2013 11. D. EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: Exhibit J WIGGINS PASS TECHNICAL SPECS 20121212 89 Construction Services Agreement: Revised 08/1512012 Packet Page -335- Attachment B EXHIBIT K: PERMITS 2/26/2013 11. D. Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 90 Construction Services Agreement: Revised 08/15/2012 Packet Page -336- Attachment B 2/26/2013 11. D. EXHIBIT L: STANDARD DETAILS Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: 91 Construction Services Agreement: Revised 08/1512012 Packet Page -337- Attachment B EXHIBIT M: PLANS AND SPECIFICATIONS 2/26/2013 11. D. Refer to information posted at: http: / /bid.colliergov.net/bid/ and titled: Exhibit M WP_ Maintenance_Dredge_Nav _ lmprov_12- 12 -12- REDUCED 92 Construction Services Agreement: Revised 08/15/2012 Packet Page -338- Attachment B 2/26/2013 11. D. EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Contractor to provide names of Key Personnel assigned to project to County Project Manager upon issuance of Notice to Proceed 93 Construction Services Agreement: Revised 08/15/2012 Packet Page -339- Attachment C 2/26/2013 11. D. PEER REVIEW OF PROPOSED DREDGE IMPROVEMENTS AT WIGGINS PASS, FLORIDA Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E. Olsen Associates, Inc. 2618 Herschel Street Jacksonville, FL 32204 14 December 2012 INTRODUCTION This report presents an independent coastal engineering review of proposed dredging improvements at Wiggins Pass, Collier County, Florida, undertaken at the request of Collier County, Coastal Zone Management. The review principally focuses upon the formulation of revised inlet management strategies, alternatives analysis, and a proposed dredging project to improve navigation and beach conditions at Wiggins Pass. The project's objectives are to: 1. provide a safe navigation channel for boating 2. address erosion at Barefoot Beach (immediately north of the inlet) 3. reduce the frequency of dredging at the inlet with least (minimum) effect on the environment 4. provide a solution that is economically effective, and 5. avoid adverse impact to the Delnor Wiggins State Park (immediately south of the inlet). This review considers the engineering analysis, design, and numerical modeling -- previously conducted by Coastal Planning & Engineering, Inc. (CPE) and Humiston & Moore Engineers (H &M) over the past five years, more or less — which ultimately led to the County's selection of a proposed dredging plan for the inlet. This plan, anticipated for initial construction in 2013, consists of the following principal elements (see Figure I), as described in the project's FDEP permit [042538- 008 -JC]: "The project is to straighten and expand the Wiggins Pass navigation channel by dredging a new alignment and filling the existing channel meander within the flood shoal. The dredged sand from the initial realignment will be placed in the flood shoal channel meander (Flood Shoal Disposal Area), the South Point Escarpment Repair site, the North Onshore Disposal Area and the North Nearshore Disposal Area. Any additional suitable dredge material available after those areas are filled will be placed in the Ebb Shoal Disposal Area. Approximately 7,500 cubic yards of [unsuitable] material dredged from the realigned channel ... will be placed in a separate offshore disposal area.... "Periodic maintenance dredging of the authorized navigation channel location, including the north, south and east tributary channels, may also be conducted. A projected volume of approximately 50,000 cubic yards of beach - compatible sand may be dredged during each maintenance project and placed in one or more of the authorized disposal areas, including the South Onshore Disposal Area and the South Nearshore Disposal Area. Interim maintenance dredging projects may be conducted to remove smaller amounts of sand from the channel. Based on beach and inlet monitoring surveys, the dredged material will be distributed to the disposal areas in order to balance the sediment budget between the inlet and the adjacent shorelines, offset erosion of the adjacent shorelines, and maintain the location and hydraulic stability of the navigation channel." - 1 - oisen associates, inc. Packet Page -340- Attachment C 2/26/2013 11. D. Figure 1— Proposed plan of improvements at Wiggins Pass. Adapted from CPE, 2012. Dredging depths range from -87 NAVD ( -6.4' MLLW) along the inlet throat/flood shoal to -13.0' NAVD ( -10.7' MLLW) at the inlet mouth and across the ebb shoal, including 1 -ft overdredge. - 2 - o9sen associates, inc. Packet Page -341- Attachment C 2/26/2013 11. D. Our "third party" review, described herein, is principally limited to the evaluation of existing, prior reports by CPE and H &M, the project's FDEP permit application file, various public correspondence and technical presentations related to the inlet and project, along with a site visit to Wiggins Pass in September 2012 followed by a brief meeting with Mr. Steve Keene (CPE) and Mr. Gary McAlpin (Collier Co.) to discuss the project objectives. This review did not include additional data collection or numerical modeling, nor reproduction of data reduction. Instead, we considered the analyses, interpretations, and conclusions presented by the prior investigators for completeness and veracity. And, in particular, we strove to compare these investigators' findings with our independent predictions of inlet dynamics and probable project performance based upon observations, experience, and engineering intuition. That is, in this review, we sought to assess the degree to which the model predictions, et cetera, reflect the probable realities of the inlet — and project performance — from the standpoint of traditional coastal engineering analysis (i.e., beyond or in lieu of numerical modeling). As such, this review presents our technical opinion regarding the appropriateness of the engineering approach, numerical modeling, interpretation of the results, recommended solutions, and project predictions. We note areas of potential concern or uncertainty, describe our expectations of probable project performance, and discuss other project alternatives or modifications that might be (or should not be) considered in the future as a function of the upcoming project's monitored performance. This includes discussion of structural versus non- structural alternatives for inlet modifications. A list of the primary documents examined for this review is presented in the "References" at the end of this report. Among these, the principal documents included Engineering Reports for inlet management studies, maintenance dredging and numerical modeling for Wiggins Pass prepared by CPE (2012, 2010, 2009), modeling and study reports by H &M (2007, 2004), and the Year - One post - construction monitoring summary of the March 2011 maintenance dredging by H &M (2012), the FDEP permit application by CPE (2010 -12), among many others. VIABILITY OF THE PROPOSED APPROACH Is the proposed approach viable, relative to the project objectives? In our opinion, basically, yes; the fundamental project approach is sound, as proposed for the upcoming construction. The project intends to (1) establish a straight navigation channel from the flood shoal to across the ebb shoal to increase hydraulic flow (scour) efficiency and improve navigation, (2) initially constrain the straightened channel through temporary sand dikes that block the existing channel meander and swash (marginal) channels that wrap around the end of Barefoot Beach, and (3) place the dredged material north of the inlet, particularly closer to the inlet along Barefoot Beach (R13 -R15) and across the northern ebb shoal, toward restoring this shoreline. These principles are fundamentally sound toward establishing the project objectives. Beyond long -term performance (described below), an area of initial concern may be the viability of dredging the channel's north bank at the inlet mouth, where the channel cuts directly into the - 3 - oisen associates, inc. Packet Page -342- Attachment C 2/26/2013 11. D. south flank of Barefoot Beach, principally between channel sections C7 and 0 +00 (see Figure 2, below). It seems likely that this area will shoal rapidly during construction. The dredging will require an —8 ft bank cut. This will be difficult to maintain and may ultimately lead to some draw -down and erosion of the south end of Barefoot Beach, particularly if the dredging perseveres to establish the design channel -depth template. Placement of dredge spoil along the south shoreline of Barefoot Beach should help mitigate this erosion if it has a tendency to occur; and the issue otherwise appears readily manageable during construction, through normal review. Figure 2: Proposed dredge plan at Wiggins Pass inlet mouth. Dredging the design channel depths at the mouth (green circle) may be difficult and/or lead to draw -down and erosion of the south end of Barefoot Beach, despite placement of spoil along the inlet's north bank (not illustrated in the figure). Packet Page -343- olsen associates, inc. Attachment C PROBABLE SUCCESS OF THE PLAN 2/26/2013 11. D. How likely is the project to achieve the objectives or predictions? To answer this question we consider each of two different approaches. First, what are the physical dynamics of the existing inlet processes: that is, why are things the way they are, and are these prevailing processes inherent and ultimately unalterable by the proposed project? Second, what is the accuracy and limitation(s) of the numerical models and their likely ability to predict the project performance? Both approaches are discussed below. For purposes of clarity, the discussion is segregated among distinct topics of (a) the inlet channel and (b) the beaches — recognizing, of course, that these two features are ultimately related. INLET CHANNEL Interior Flood Shoal Meander. It appears likely, though not altogether certain, that the interior channel may have been historically straight prior to about 1953. Sometime between 1953 and 1958, the south channel was cut to Water Turkey Bay and Vanderbilt Lagoon (see Figure 3, following page.) The formation of a northward meander of the channel is evident in the 1958 image which shows a bifurcation of the flow, subsequently replaced by a mostly single channel that meanders to the inlet's interior north bank.' After 1958, basically all images and surveys indicate the strong northward meander of the inlet channel against the south inlet shore of Barefoot Beach. CPE (2012) cites a prior study which states that the dredging of the south channel increased the inlet's tidal prism by 50 %. This is a plausible assertion. Inspection of aerial photographs indicates that the Water Turkey Bay/Vanderbilt Lagoon cut introduced a significant additional tidal flow to the inlet from the south (in addition to other interior waterway modifications presumably undertaken at that time). The important conclusion here is that the cutting of the south channel probably introduced a very strong change in the inlet hydraulics which (a) changed the otherwise unusually stable, nearly quasi- static configuration of this overall inlet and the adjacent shorelines, and (b) forced a northerly meander of the flood channel against Barefoot Beach. Why does the interior flood channel meander so strongly and consistently to the north? It appears to be due to (a) flow from the south channel that was cut to Water Turkey Bay/ Vanderbilt Lagoon, and (b) the influx (shoaling) of sand from the south shoreline along the State Park. Both push the interior channel toward the north, into the inlet shoreline of south Barefoot Beach/Island. Why is this important? If the inlet's flood channel was historically straight and stable in that alignment, then it is likely that re- establishing a straight flood channel would remain stable. But, if the prevailing modern configuration of the flood channel is a meander to the north — resulting from tidal flow from the south waterway at Water Turkey Bay, and from interior sand shoaling from the South Beach — then the dredged, straightened channel will tend to quickly return toward its northerly meandering orientation into the inlet's south bank shoreline of Barefoot Beach. 1 A northerly meander is also evident in a 1951 photo; however, this image was 4 years after the effect of a Category 5 hurricane in 1947 which appears to have substantially altered the inlet morphology, at least temporarily. - 5 - olsen associates, inc. Packet Page -344- Attachment C 1953 1958 1962 2/26/2013 11. D. Figure 3: 1953 (prior to construction of the south channel to Water Turkey Bay), 1958 (post - channel), and 1962 aerial photography. Images excerpted from CPE, 2012. M Packet Page -345- olsen associates, inc. Attachment C 2/26/2013 11. D. That is, irrespective of the historical (pre -1958) conditions, the modern and prevailing condition of the inlet dynamics suggests that the interior flood channel will strive to recover its northerly meander; i.e., it will not retain its dredged, straight configuration through the inlet throat. If so, this meander will eventually defeat the hydraulic flow efficiency that is sought through the dredging of a straight inlet, and this will ultimately diminish the increased flow velocities that are sought to scour and maintain the navigation channel. Alternately stated, the interior channel may have been historically straight in the past. But that was prior to the cutting of the south channel to Water Turkey Bay (c. 1954 -57) and the present configuration of the ocean shorelines — both of which force a strong and inherent northerly meander of the interior flood channel into the inlet shoreline of Barefoot Beach/Island. The historical, pre -1958 conditions no longer matter. The prevailing, modern conditions of the waterways and ocean shoreline dictate the hydraulic forces that will shape the fate of the inlet channel that is dredged today or tomorrow. The numerical modeling by CPE suggests that the tidal flows of the inlet's three interior waterways are divided as such: 29% from the north, 44% from the east, and 23% from the south. See Figure 4a. The resultant vector from these predicted flow distributions is oriented directly straight along the inlet throat. This is a favorable result in terms of possible project performance. That is, if true, it suggests that the resultant - contributory flow through the three interior waterways is directed in near perfect alignment with the proposed straight - channel cut. This would therefore promote the stability of the proposed straight, dredged channel cut. But, this result does not explain the consistent northerly meander of the interior channel observed after 1953 (beyond the sand shoaling that forms along the inlet's south bank from the south shoreline). Interestingly, if the flow from the south channel (to Water Turkey Bay) was assumed to be only 10% to 15% greater than that estimated from the CPE modeling study, then the resultant flow vector from the interior waterways would point substantially toward the north — in alignment with the northerly meander of the flood channel that has been observed since the south channel was dredged in the early 1950's. See Figure 4b. This would explain the pervasive northerly "push ", or meander, of the inlet's flood channel. Unfortunately, measurements of the hydraulic flow from the three interior waterways were apparently not available for model calibration (versus singular measurement in the inlet throat); so we do not know the actual distribution of flow among these three channels. But, from aerial perspective of the substantial tidal prism that exists through Water Turkey Bay and Vanderbilt Lagoon, it is possible — or probable — that the flow velocity from the southern channel is greater than that estimated through the numerical model (i.e., equal to or greater than that shown in Figure 4b). Again, this would substantially explain the pervasive northerly meander of the flood channel in prevailing, modern conditions. In sum, in the probable case that the flow from the south channel (at Water Turkey Bay) is greater than that which is predicted by the numerical model, then the interior flood channel will seek to promptly regain its northerly meander even after the channel is dredged in a straight alignment. If so, this will act to eventually undermine the "straight- line" flow efficiencies sought by the project's dredging improvements. - 7 - olsen associates, inc. Packet Page -346- Attachment C 2/26/2013 11. D. Likewise, the continued influx of sand from the State Park shoreline — immediately south of the inlet — will continue to build up the shoal that chronically lies along the inlet's south bank, just west of the channel to Water Turkey Bay. This shoal acts to push the channel northward, enhancing the meander. Figure 4a: Scaled vector contributions of interior waterway flow as estimated by numerical modeling described in CPE (2012). The resultant flow vector [red] describes the vector sum of the three interior waterways. Figure 4b: Scaled vector contributions of interior waterway flow assuming a 12% increase in contribution from the southern waterway. The resultant flow vector [red] describes the vector sum of the three interior waterways. Packet Page -347- olsen associates, inc. Attachment C 2/26/2013 11. D. This south -bank shoal is formed from sand that drifts into the inlet from the south beach (i.e., the State Park shoreline), pushed by flood -tide currents and waves. Is this shoaling from the south the principal cause of the meander? It is clearly a contributory cause, but it is also possible that the shoal itself results from the [suspected] northerly- directed flow vector that emanates from the Water Turkey Bay channel. That is, if the convergence of ebb flow at the junction of the three interior channels is biased toward the north, then one can imagine a stall in the velocity just west of the Water Turkey Bay channel, along the inlet's south bank, where sand might tend to deposit. The deposition forces the channel further north — which causes a further drop in velocity — which causes more sand to deposit on the south bank, pushing the channel further north, and so on. It is a self - perpetuating process that continues until the channel meander becomes too hydraulically inefficient, and/or until the channel can no longer migrate (due to resistance from geology, mangroves, etc.). But a key possibility is that the overall process of shoaling on the south bank is initiated by a net - northerly directed flow at the head of the inlet, near the three channels' junction. After all, it should be almost as likely that a sand shoal would form along the north bank of the inlet — caused by sand drifting in from the north beach (Barefoot Beach). But this is never observed. Hydraulic pressure from the south — which pushes against the inlet's north bank — appears to chronically prevent deposition on the north bank, and instead always favors deposition on the south bank. An alternate explanation would be that the rate of drift entering from the south is so much greater than that entering from the north, that shoaling along the south bank always pervades. But this argument seems less likely because, as described later, the overall north/south drift at the inlet appears to be fairly balanced, albeit with some net bias from the south. Outer Channel and Thalweg, The orientation of the inlet channel thalweg (deepwater "centerline ") has been fairly and remarkable consistent since at least the 1960's/1970's and certainly since 1999. On the following page, Figure 5 illustrates the channel's thalweg locations traced from aerial photographs shown later in Figure 8. Figure 6 likewise illustrates (in section view) a consistent thalweg location between pre- dredging and modern conditions in 1970 and 2007, presented by H &M. This consistency demonstrates that the inlet's modern channel configuration is relatively "stable and preferred ". That is, it suggests that the modern channel consistently "prefers" a particular location that is apparently ordained by prevailing coastal/hydraulic processes despite prior dredging events. This, in turn, suggests that efforts to modify this orientation may be ultimately outweighed by the prevailing natural processes. This fact is presumably already recognized; the question remains as to how fast the inlet will seek to regain this orientation. In all, this does not mean that the proposed dredging project to straighten the channel is futile, ineffective, or not recommended. Indeed, the project will likely engender improvements to the inlet consistent with the project objectives. But, this review's simplistic analysis suggests that the straightened - channel improvements will not likely be stable. That is, the channel will likely tend toward the orientations illustrated in Figure 5 (following page) after dredging. - 9 - oisen associates, inc. Packet Page -348- Attachment C —20GT i �v�yynaa yeas a.a area xa.awa� a.va y. nn a.r n�.ua. Ar Ar inn of /RRd Awo 2/26/2013 11. D. Figure 5 — Approximate historical channel thalweg (centerline) locations digitized from available aerial photography. (The locations for images from 1999 through 2010 are from Google Earth; those from 1962 and 1976 are from images that are "best -fit" to the modern images and may be slightly less accurate.) 2007 bathymetry for Wiggins pass rvigguas pass dubs be LlVn aaea i�a pamean condition (Jan 2007) — — — — — — — — 1970 shoreline Figure 6 — Inlet channel cross sections as mapped by Humiston & Moore (2007). The figure suggests a similar thalweg position prior to inlet dredging (1970) and in modern conditions (2007). Packet Page -349- Olsen associates, inc. Attachment C 2/26/2013 11. D. Figure 7 compares the modern channel thalweg locations (1962 -2010) with the project's proposed dredging template for the straightened channel. Across the inlet mouth and ebb tidal shoal, the location of the straightened (dredge) channel is north of the modern, prevailing location. It is recognized that the location and orientation of the dredged channel is ordained by rock features at the inlet mouth and the intent to create a linear alignment with the inlet throat. -11- Figure 7 — Proposed inlet improvements with historical thalweg locations. Packet Page -350- olsen associates, inc. Attachment C 2/26/2013 11. D. We therefore recognize that the design channel location and azimuth are not readily altered, nor are we recommending changes at this time. Instead, this graphic (Figure 7) simply describes the fact that the location of the natural channel across the mouth and inner ebb shoal is south of the design channel location. And, to the extent that the inlet's hydrodynamics will seek to restore the existing conditions (after the channel is straightened), it may be anticipated that the outer channel might seek to drift toward the south. Alternately stated, it is anticipated that there will be substantial shoaling pressure from the north across the inlet mouth and inner ebb shoal; viz., between channel sections 0 +00 and 7 +00, more or less. [In fact, the Year -One post - construction monitoring results after the 2011 dredging (H &M 2012) indicate heavy shoaling from the north along the landward half of this reach.] Again, this tendency for the dredged channel to shoal from the north and migrate toward the south will occur if and when the inlet's inherent existing flow regime overrules (dominates) the modified flow regime that is created by the straightened channel. In the medium- to long -term, changing the inherent existing flow regime would require other changes to the inlet (e.g., at the interior waterways and/or at the inlet mouth, by means described at the end of this report) beyond solely straightening the channel through periodic dredging. Shorelines, Ebb Shoal and Beach Erosion. The southern 3000 -ft Gulf shoreline of Barefoot Beach, north of the inlet, has exhibited erosion equating to between about - 14,000 cy /yr (1992- 2009) and - 10,500 cy /yr (1979- 2009). Over the same time periods, the northern 3000 -ft shoreline of the State Park shoreline, south of the inlet, has exhibited accretion equating to between about +6,200 cy /yr and +2,400 cy /yr. These values presumably include the effects of periodic beach fill placement. Sand dredged from Wiggins Pass and placed on the adjacent shores — including the shores beyond the 3000 -ft beach areas described above -- equates to about 10,400 cy /yr to the north and 9,500 cy /yr to the south, from 1984 to 2009.2 There is a substantial offset across the inlet. The south shoreline is offset Gulfward by almost 350 feet relative to the north shoreline. This appears to be mostly modern, or recent. The offset was not strongly evident in earlier photographs (1942 - 1978), with the exception of an image in 1962 that is atypical [see Figure 3]. It becomes increasingly noticeable at/after 1984; and this is presumably associated with the first placements of dredge spoil to the adjacent south shoreline. Some recent aerial images of the inlet (1962 -2012) are included as Figure 8, following page. One can also presume that the dredging and other changes to the interior waterways in the early 1950's changed the overall littoral regime of the inlet. That is, it is reasonable to conclude that the dredging of interior waterways and construction of upland development significantly increased the inlet's tidal prism — which, in turn, would have changed the flow patterns at the inlet mouth and led to an increase in the ebb tidal shoal volume. 3 '` These values are adapted from Tables 2 and 5, p. 9 and p.18 of CPE (2012). 3 H &M (2007; p. 9) describes increases in the Wiggins Pass ebb shoal volume as follows: from 0.25 Mcy in 1888 to 0.47 Mcy in 1970 to about 0.55 Mcy in 2000. -12- Packet Page -351- oisen associates, inc. U c m E r U f6 Q M rl 47� J 6 x+ per' M rl Attachment C 2/26/2013 11. D. The sand required to fulfill the larger ebb shoal volume associated with the larger tidal prism had to come from somewhere; i.e., the local littoral system. It is likely that the sand was drawn from the existing beaches by currents (and deposited to the ebb shoal rather than being recycled to the beach), and that some portion of the incident littoral drift was intercepted (and deposited to the ebb shoal rather than being passed through the inlet system). The latter, in particular, would deprive the downdrift beach of sand moreso than the updrift beach. Thus, if the net littoral drift is south -to- north, then the growth of the ebb shoal -- occasioned by the 1950's dredging of interior channels -- would be ultimately manifest as increased relative erosion along the north ( downdrift) beach. This is because sand was being diverted from the beaches to "feed" the growing ebb shoal requirements that were ordained by the increased tidal prism. Most recently, the north shoal of the ebb tidal platform has eroded. CPE (2012, p. 20) indicates that the core north ebb shoal erosion is on the order of 150,000 cy (since c. 1970). Recent deflation of the ebb shoal platform where it adjoins Barefoot Beach, north of the channel, is substantial. It is visually evidenced by H &M's (2007) graphic reproduced herein in Figure 6, on prior page 10. H &M (and CPE) attributes the cause to inlet dredging and the probability that more sand should have been spoiled to the north shoreline than the south, and placed closer to the inlet — observations with which we agree. The deflation of the north ebb shoal lobe has numerous adverse effects upon the system, most of which are specifically mentioned in the reports, particularly H &M (2004, 2007). As the nearshore seabed erodes, the north shoreline is subject to increased wave attack and tidal current flow close to the beach, both of which accelerate the erosion at the south end of Barefoot Beach. And, the deeper water across the shoal allows for a broader tidal flow area -- diverting flow from the primary channel alignment. This decreases tidal velocities in the channel, which in turn, increases the likelihood of shoaling in the channel, and thereby increases dredging requirements. Restoring and/or maintaining the sand beach along the south end of Barefoot Beach will require that the northern ebb shoal lobe — or at least its platform near the shore's toe — be restored. Hence, there is great merit in depositing sand across the northern ebb shoal and blocking (reducing) the tidal current flow from the north shoreline into the inlet. The importance of both of these project elements is identified in the prior reports by H &M and CPE. The proposed plan addresses these elements to the extent that dredged sand is available from the channel - straightening project. But, as CPE notes, additional sand is required along the north beach and northern ebb shoal platform to restore the overall beach system and meet the project objectives— beyond that which is included in the proposed work to dredge and straighten the channel. Transport Direction. Based upon our review of the reports and overall inlet behavior and setting, we concur that the net overall direction of littoral drift at Wiggins Pass is from south to north. We likewise concur there is a probable net reversal (to the south, toward the inlet) along the southern 800 feet of Barefoot Beach, more or less. At the same time, we believe that the magnitude of the net [northerly] drift is probably small relative to the gross drift. That is, the northerly- and southerly- directed drift rates are probably fairly balanced, with some net overall bias to the former. This supposition is reinforced by the fact that the location of Wiggins Pass -14- olsen associates, inc. Packet Page -353- Attachment C 2/26/2013 11. D. appears to have been very stable over at least the past century, or longer. On the Gulf coast, it is not uncommon for inlets to migrate long distances in response to net littoral drift. Small stable inlets established at a location where the net drift is modest and/or mostly balanced may more readily tend to retain both their size and location. This appears to apply to Wiggins Pass. The proposed project includes an adaptive management plan by which the locations of future maintenance - dredged sand will be determined by monitoring; i.e., as a function of local needs. Clearly, the present need for sand placement is along the Barefoot Beach shoreline and north ebb shoal platform (versus the State Park beach to the south). It is reasonably anticipated that this situation will continue to be the case in the future. We concur with the importance of placing sand closer to the inlet along Barefoot Beach, and we concur with the observation that sand placed farther north in the past has provided important benefit to Barefoot Island but has not necessarily benefited the south end of the County Park shoreline near the inlet. In this specific instance, per both engineering intuition and the model results (described below), it is likely that there is not necessarily a significant adverse effect, or risk, from placing reasonable amounts of dredged sand too close to the inlet on Barefoot Beach. NUMERICAL MODELING APPROACHES Numerical modeling of Wiggins Pass was completed by both CPE (2009, 2010, 2012) and Humiston & Moore (2007). Both investigations relied upon measured tide and current data in order to calibrate their respective models. Additionally, both models simulated multiple bathymetric conditions (historical, existing, with- and without- projects). However, the general modeling scopes, approaches, and overall depth of results vary between the studies. Humiston & Moore (H &M) applied flow and wave models contained in the Coastal Modeling System (a two - dimensional U.S. Army Corps of Engineers model) to predict current fields resulting from tidal flows and incident waves under static bathymetric conditions with variable water levels. The 2007 H &M report describes the results for only two generic, frequent storm wave conditions (northwest and west). Implications for sediment transport are assumed to have been derived from the resulting current fields -- since no graphic results of sediment transport pathways are presented. The conclusions reached appear to reply much more heavily on engineering judgment than direct model results; and we note that this is a wholly acceptable and sound approach. CPE applied the Delft3D model which similarly utilizes both flow and wave models. However, Delft3D was additionally used to compute three- dimensional (3 -D) flow fields and compute seabed change resulting from sediment transport (i.e., morphologic changes) under varying bathymetric conditions. The Delft3D model was principally used to predict short- and intermediate -term morphologic changes resulting from an average annual wave climate. The results were typically presented as a series of relative comparisons and used to guide the design -15- oisen associates, inc. Packet Page -354- Attachment C 2/26/2013 11. D. and permitting of the presently proposed inlet improvements. The conclusions that are presented are generally limited to descriptions of model output. CPE initially modeled approximately 8 alternative inlet design improvements. After analysis, 4 revised channel design alternatives were selected for additional modeling, including longer -term 4 -year simulations for both storm and average annual wave climates. A final alternative was selected, revised, and run with and without consideration of beach nourishment placement along Barefoot Island in order to assess the likelihood of placed material reentering the navigation channel. Given the stated scopes of work and objectives presented in each of the reports, it is our opinion that while the approaches of each investigation differ, each was generally appropriate and reasonable at their respective times of preparation and publication. MODEL CALIBRATION Tidal Models. Both of the numerical flow models were calibrated against field data in order to reproduce both measured tidal elevations and currents near the inlet mouth. The H &M model was also verified utilizing a different bathymetric and oceanographic dataset, while verification of the CPE model was not completed. While the CPE model was run in 3 -D mode, the calibration relied upon comparison between measured and computed depth- averaged flows. Both calibrations appear to reasonably reproduce the measured data; although CPE did not include a map of the current fields predicted for both ebb and flood tides for the calibration of existing conditions. The apparently important flows at the head of the inlet (where the three interior channels meet) are difficult to discern, and are not calibrated owing to lack of data. Wave Models. CPE calibrated the wave model against hindcast and measured offshore /onshore datasets. The modeling report suggests that achieving a sufficient calibration result required modification of the model's default parameters. Based on the data presented, the end result was a reasonably calibrated wave model. It should be noted that a separate computation domain was created for the purposes of wave model calibration. The geographic extent of this domain was later expanded to include the influence of Sanibel Island on incident waves. Due to a presumed lack of matching deepwater and nearshore data, this larger wave model was apparently not independently calibrated; and instead it relied on the calibration of the small wave domain. Calibration of the H &M wave model was not discussed in their 2007 report. H &M applied a different wave model than CPE; therefore the significance of their seeming reliance on default model parameters is not readily discernible. CPE results specifically suggest sensitivity to the consideration of bottom friction, which have the potential to negatively influence the H &M model results if this factor had not been adequately incorporated. Morphological Model. The H &M modeling effort did not include morphological modeling. The 2007 report concludes that sediment transport is predominantly directed from north -to -south in the net. This conclusion is possibly related to the limited number of wave cases simulated and -16- oisen associates, inc. Packet Page -355- Attachment C 2/26/2013 11. D. not considering sheltering effects associated with Sanibel Island. They note that net transport is likely weak in magnitude whereby the gross sediment transport is strongly bimodal in nature. CPE states that the Delft3D model was calibrated based on qualitative and subjective analysis of the model's ability to adequately predict sedimentation and erosion patterns throughout the inlet rather than predicting absolute transport volumes. It appears the volume of material shoaling the existing permitted channel cut was the only quantitative measure of model performance; and based upon the results presented, their Delft3D model was capable of shoaling the existing channel with a sediment volume consistent with measured values (viz., 28,300 cy /yr modeled versus 26,400 cy /yr measured). Calibration of the Delft3D model was completed by systematically adjusting model parameters, which is standard practice. The initial modeling report also indicates, however, that the schematized wave cases were "slightly adjusted" to facilitate model calibration (CPE, 2009 pp. 24 -25). Explanation regarding the justification for, and effects of, altering the incident wave climate should have been included in the report, as alternate schematizations of offshore waves have the potential to completely transform predicted net nearshore transport processes — particularly when primarily qualitative comparisons of performance are considered. Analysis (verification) of model results dealing with volumetric losses /gains elsewhere in the model (i.e., on adjacent shorelines, interior waterways, etc.) was not presented. That is, the ability of the model to predict erosion and/or accretion along the adjacent beaches was not established. CPE (2009) presents the results of their calibrated model along with a map of measured seabed changes one year after channel dredging. These results are reproduced in Figure 9.4 CPE correctly point out that the model appears capable of predicting the following: • an ebb shoal ridge interrupting the dredged channel template, • the estimated shoaling rate within the channel template, • overall erosion along the ebb shoal around the navigation channel, • erosion along Barefoot Island, south of R -15. While the above capabilities of the calibrated model appear to be accurate, the engineering analysis does not address several questions regarding the model calibration. Most notably are the following inconsistencies between measured and predicted seabed changes south of the channel, which are within the intended spatial scope of the model: • Measured data suggest significant seabed deposition along the ebb shoal south of the channel cut. This area, however, is predicted to be heavily erosional in the model result. • The measured data show the entire ebb platform north of the channel as erosional. The model predicts that much of the north lobe of the ebb shoal is accretional. • At the south limit of the measured data, nearshore erosion occurred. This area appears to be accretional in the model result. • No measured data within the inlet throat were compared to model output — possibly due to a lack of availability of the former [i.e., note lack of data in upper graphic of Figure 9]. 4 For figures copied directly from other reports `as published' figure labels are included for easier referencing. -17- olsen associates, inc. Packet Page -356- Attachment C riguw _a. 'imwaieu m(-'rpnuic'gy vitangc, UUMMI cwii i w i » .IZ 2/26/2013 11. D. Figure 9 — Measured seabed change (above) and Delft3D predicted seabed change (below). Figure 10 reproduces graphics from CPE (2009) detailing the predicted average annual net sediment transport pathways in and around the inlet. The figure appears to represent the results of a secondary calibration of the numerical model. Sediment transport pathways predicted from the initial calibration of the model are shown in Figure 11 for comparison. While the 2009 -18- Packet Page -357- olsen associates, inc. Attachment C Figure 40. Patterns and magnitude of net annual sediment transport potential. The darker the color brown and the larger the arrows, equates to higher sediment transport. 2/26/2013 11. D. Figure 10 — Predicted net sediment transport potential within the study area. (CPE, 2009) Figure 11— Predicted net sediment transport direction resulting from the calibrated model, prior to re- calibration (i.e., "calibration #2). CPE, 2009. -19- Packet Page -358- olsen associates, inc. Attachment C 2/26/2013 11. D. report identifies a "slightly modified" transport field following calibration #2, comparison between the two calibrated net transport vectors reveals substantial and fundamental differences: involving both transport magnitudes and overall trends in direction. Most notably, the direction of alongshore sediment transport south of the inlet differs, and the erosion potential off south Barefoot Island appears inconsistent. In any event, the results shown in Figure 10 appear to represent the `final' calibration used during production runs of the selected alternative. Based upon general comparison of the results shown in Figures 9 and 10, several observations on the model's ability to predict transport patterns are summarized as follows: Performance within the navigation channel As mentioned, the model appears to deposit a reasonable volume of sediment into the channel annually. There is not enough information to completely understand the predicted, specific origins of shoaled material, although the transport pathways presented in the model appear physically reasonable given the limited level of detail reported. The model also suggests post - construction meandering of the navigation channel -- consistent with historical morphology -- which is physically reasonable without permanent channelization of inlet flows and/or alteration of flow emanating from the south interior channel. Channel Shoaling (modeled) o The predicted channel appears to shoal (a) with sediment which is primarily transported off Barefoot Beach, into the inlet, and subsequently mobilized west into the channel on an ebb tide; and (b) to a lesser extent the landward end of the ebb channel receives sediments derived from the southern ebb shoal platform. o There is potential for some sediment to exit the outer channel to the northwest and be transported back to Barefoot Island. Channel Shoaling (measured) o The 2012 physical monitoring report by H &M indicates the channel reaches near the inlet are shoaled hard from the north — excepting the very seaward end of the channel which shoals form the south at a lesser rate. This physical process is also identified in the 2009 CPE modeling report. The net transport vectors do predict some shoaling pressure from the north near the inlet, consistent with observations Performance north of the channel. Overall, the model appears to reasonably predict the major measured sediment transport patterns north of the channel. -20- o The model does a good job in predicting the spatial extent of severe erosion measured along Barefoot Beach — the magnitude of this erosion, however, is not quantified or verified. o The nodal point (location of transport reversal) predicted near R -15.5 is physically reasonable and consistent with that which would be expected at the ebb shoal platform's primary attachment point to shore. o It is uncertain that the beach nearest the inlet receives much benefit from sediment which exits the channel and is mobilized towards Barefoot Island. Packet Page -3S9- olsen associates, inc. Attachment C 2/26/2013 11. D. Performance south of the channel. There are several inconsistencies with the model ....::..:... performance (predictions) south of the channel relative to the prototype. o The predicted net littoral drift south of the inlet is directed towards the south (see Figure 10). The revised sediment budget presented by CPE (2012) contrarily indicates net sediment transport at Wiggins Pass is towards the north between R -21 and the inlet. o The model predicts that the south ebb shoal is net erosional. But, to the contrary, H &M computed a net gain of about +120,000 cy on the southern ebb shoal between 1970 and 2007 (H &M, 2007. pp.7). And, CPE notes that the south ebb shoal gained +218,000 cy from 1970 to 2011 (CPE, 2012. p 20). o All predicted sediment transport potential is directed shoreward along the south ebb shoal. This is inconsistent with statements that suggest the net transport is from south - to- north; i.e., it suggests no tendency for sediment bypassing toward Barefoot Island. That is, in Figure 10, there is no indication of net northerly transport across the inlet. o The model results give no indication that the outer ebb channel shoals from the south, the latter of which is indicated by H &M physical monitoring (2012). Summary of model performance The H &M modeling effort is much smaller in scope relative to the CPE investigations and was not directly used in identifying the selected project alternative. H &M results describe hydrodynamic but not morphological changes resulting from simulated channel dredging alternatives. Morphological modeling is considered standard practice at the present time (but was less common in 2006 -07). It is our opinion that H &M incorrectly concludes net southerly directed transport at Wiggins Pass; however, we concur that it is highly likely that gross transport is strongly bimodal resulting in a comparatively low net transport magnitude. That is, the net drift is probably small and therefore difficult to discern in direction. The conclusions by H &M related to historic ebb shoal deflation and the related negative impacts to Barefoot Island are logical and consistent with coastal engineering theory. The calibrated Delft3D model developed by CPE appears to meet the stated qualitative performance objectives defined in their engineering reports. Most prominently, the model is capable of depositing a reasonable volume of sediment into the navigation channel on an average annual basis. There remain significant questions regarding the predicted sediment transport pathways which are either unclear from the model results or are contrary to either measured data and/or stated physical process at Wiggins Pass. The majority of the model's inconsistencies appear to be related to transport south of the navigation channel. CPE correctly elects to present model results in terms of relative comparisons between various project alternatives. This practice can numerically minimize the significance of smaller performance issues (i.e., potential differences in transport magnitudes away from the channel and/or numerical anomalies in transport pathways). The apparent inability of the model to predict northerly - directed transport along the State Park shoreline (consistent with CPE's published sediment budget) reduces the -21- olsen associates, inc. Packet Page -360- Attachment C 2/26/2013 11. D. believability of model results along the south beach — as well as the influence of drift from the south beach upon the channel. There is insufficient detail and/or measured data to assess the flow and transport along the flood shoal portion of the inlet — particularly in regard to the hydrodynamic role played by the three interior waterways that converge at the inlet head. PERFORMANCE OF DREDGING ALTERNATIVES The selected project alternative was not specifically modeled by H &M. The channel dredging alternatives H &M simulates are much smaller in scale relative to the selected improvements and do not include infilling of the existing channel meander. H &M concluded that the modeled channel dredging alternatives would increase the hydraulic efficiency of the inlet, but each are expected to fall short of producing a channel which will reduce maintenance requirements. H &M also predict that there is a low likelihood that channel improvements alone will significantly reduce erosion along Barefoot Island. Their findings are reasonable given the information provided in their report and relative complexity of their modeling effort. Selected Alternative. The selected alternative was modeled by CPE for both with- and without -beach fill placement along Barefoot Beach as far south as R -15.5. CPE concludes that the selected alternative is able to improve conditions at Barefoot Beach and keep the channel deeper relative to existing conditions after 4 years. Morphology. Figure 12 reproduces the initial CPE bathymetry used as model input to describe the selected alternative. Figure 13 reproduces the bathymetry after a one year model simulation. The blue circle drawn in Figure 12 denotes a near vertical channel cut located at the south end of Barefoot Island. Given that sandy sediments are modeled in this area it is physically impossible to construct this condition. Further, physical monitoring completed by H &M indicates heavy southward channel shoaling historically occurs at this location. The Delft3D model is inherently incapable of modeling the gravity- induced avalanching of channel side - slopes to a proper subaqueous angle of repose. Considering this modeling limitation, it is reasonable to conclude that under field conditions this area of the channel would immediately shoal from the north unless channel velocities were sufficient to self -scour and effectively maintain the channel cut. While the initial condition is physically unreasonable, the model appears to adapt over time by eroding the southern point of Barefoot Island and migrating the channel at the inlet throat southward (see Figure 13) -- which is a physically plausible outcome. The CPE reports conclude that there will be reduced outer channel shoaling volume over time under the preferred alternative. This would be expected to occur if (a) the channel was able to self - scour, given that the project does not directly stabilize the adjacent beaches; or (b) the channel rapidly fills and reaches a state of quasi- equilibrium. If self - scouring were indicated by the modeling result, one would expect that sand entering the channel would be transported seaward by the increased ebb currents and deposited seaward of the existing ebb shoal platform — effectively elongating the ebb shoal platform over time. -22- oisen associates, inc. Packet Page -361- Attachment C 2/26/2013 11. D. Figure 12 — Initial bathymetry used to describe the preferred alternative, including placement of 50,000 cy of beach fill between R -12.5 and R15.5, on Barefoot Island. Water Water 4 Depth (m) x 0.5 -0.25 -0.25 ?tk 3� -1.75 -1.76 ,. -. .....:. -3.25 r ,n PAI -475 -5.5 -325 t ' :.. -6.25 -4.75 -7 Figure 28 - Final bathymetry (1 year) - New Alternative. �t r' ,y +, -6.25 2S0 vsd� sso.va� I130vrls -7 Figure 27 - Initial bathymetry - New Alternative. Figure 12 — Initial bathymetry used to describe the preferred alternative, including placement of 50,000 cy of beach fill between R -12.5 and R15.5, on Barefoot Island. Figure 13 — Final predicted bathymetry following a one year simulation of the selected alternative, with beach fill. -23- Packet Page -362- olsen associates, inc. Water 4 Depth (m) -0.25 3� -1.75 ,. -. .....:. -3.25 r -475 -5.5 t ' -6.25 -7 Figure 28 - Final bathymetry (1 year) - New Alternative. Figure 13 — Final predicted bathymetry following a one year simulation of the selected alternative, with beach fill. -23- Packet Page -362- olsen associates, inc. Attachment C 2/26/2013 11. D. Figure 14 reproduces the predicted sedimentation and erosion patterns after one year as well as a comparison between the final bathymetry predicted for with - and without - project conditions after one year. The latter plot reflects seabed changes predicted as a direct result of the selected alternative [proposed project] after one year. It is important to note that the effects of dredge and beach fill operations are included in the relative comparison (bottom figure). Figure 14 — One year performance of the selected alternative. Upper: sedimentation and erosion patterns of the selected alternative. Lower: seabed changes attributable to the selected alternative relative to existing conditions. -24- Packet Page -363- oisen associates, inc. s} Erosion / Sedimentation(m) 2 1.5 1 0.5 u 0 4v ?30.•,.af 110 verdt 1:}OVUA� -2 Figure 29 - Cumulative erosion/sedimentation - New Alternative (1 year). Relative Change (m) 2 a.. a T 0.5 I� L D v -1 -1.5 Figure 30 - Relative change of New Alternative vs. existing condition - 1 year. Figure 14 — One year performance of the selected alternative. Upper: sedimentation and erosion patterns of the selected alternative. Lower: seabed changes attributable to the selected alternative relative to existing conditions. -24- Packet Page -363- oisen associates, inc. Attachment C 2/26/2013 11. D. The results indicate continued erosion at the south end of Barefoot Island; however, the resultant seabed elevation is an improvement relative to existing conditions. Further, the model indicates accretion of the shoreline along Barefoot Island relative to existing conditions. CPE does not quantify the volume change along this reach; as such, it is not possible to estimate the amount of beach fill remaining in time. (This issue is discussed later, in regard to the 4 -year results.) There are two areas of concern in the "one- year" result which are not fully discussed by CPE. The first is an apparent area of erosion along the northern beaches at the State Park, which is attributable to the selected alternative (Figure 14, bottom pane). In this area, the model typically predicts a depositional environment, with some minor nearshore erosion. This could suggest the relative changes represent reduced accretion -- as opposed to induced or increased erosion — relative to the existing conditions scenario. There is not enough detail to make a definitive conclusion; however, the shoreline here has been historically accretional, suggesting that this effect is reduced accretion (not erosion). After 4 years, this signal appears to diminish in both magnitude and area suggesting the likelihood of model `noise' or a temporary physical process (see Figure 15, following page). A second area of potential concern involves the predicted deflation of nearly the entire ebb shoal platform after one year -- directly attributable to the project alternative relative to existing conditions. (See the comparison of the with- project and existing conditions, Figure 14 lower pane). As previously mentioned herein, if the post - construction inlet was indeed self - scouring, one would anticipate seaward elongation of the ebb shoal over time. This would be manifest as deflation of the landward portion of the shoal and associated shoaling (accretion) along the seaward edge of the shoal. The model does indicate a small area of deposition seaward of the ebb platform, and this may reflect the effects of increased ebb currents which are moving sand further offshore because of the straight, dredged channel. Concerns over the apparent project - induced ebb platform deflation were also raised by FDEP during the project permitting process. The predicted deflation of the ebb shoal platform is not otherwise discussed or explained. Figure 15 recreates the published relative comparison of the selected alternative with existing conditions after a 4 year simulation. The model result does indicate a widening area of deposition seaward of the ebb shoal relative to the 1 -year simulation. This suggests that over time, ebb currents appear to be capable of mobilizing sediment out of the channel, although the predicted erosion/sedimentation patterns for this simulation (not shown) indicate significant infilling along the seaward channel ranges. The remainder of the ebb shoal is predicted to continue deflating as a result of the project. A volumetric comparison of ebb shoal losses and gains would be educational in determining the significance, if any, of this potential impact. Interestingly, the seaward -most reaches of the navigation channel are not shaded in Figure 15. These areas indicate little to no change relative to existing conditions (see, for example, the blue - circled area in Figure 15). The location of this area relative to the design channel - dredging limits is not clear. An outline depicting the project's dredge and fill limits, superimposed upon each graphical output of the modeling results, would be useful in this regard. -25- olsen associates, inc. Packet Page -364- Attachment C 2/26/2013 11. D. The relative comparison does indicate continued benefit to Barefoot Island after 4 years. This includes the direct effects of beach fill. Without quantification of volumetric changes predicted by the model along this reach, it is difficult to accurately assess the likelihood that the fill will indeed remain in place in 4 years. A very rough guesstimate can be computed using CPE's revised sediment budget. The CPE sediment budget indicates the littoral cell covering R -14 to R -16 is expected to erode at an average annual rate of about - 13,200 cy /yr (CPE, 2012). Over 4 years, this suggests a total loss of about 52,800 cy, about 105% larger than the volume of fill placed between R -12.5 and R -15.5. The margin is close enough to consider evaluating the ability of the model to mobilize (erode) a physically accurate volume of sediment along this reach. That is, the historical performance (or at least, the sediment budget) suggests that the project's fill will be depleted along Barefoot Beach after 4 years. The predicted benefit (green shading) along Barefoot Beach may otherwise suggest that the fill is retained, or the selected alternative is capable of decreasing the erosion stress in this area -- such that the longevity of the fill is increased. This outcome, of course, remains to be determined. Figure 15 — Seabed changes attributable to the selected alternative after 4 years. -26- olsen associates, inc. Packet Page -365- Attachment C 2/26/2013 11. D. Physical Performance. The CPE modeling report suggests that channel shoaling reduces over time such that the 4 year average annual rate of shoaling is about 12,800 cy /yr under existing (prior project) conditions. That is, it apparently reduces from over 26,000 cy /yr in year 1 to a very small value in years 3 and 4. This is likely due to the propensity of the outer channel cut to rapidly shoal to pre - construction conditions. The equivalent 4 -year average annual rate of shoaling for the proposed project alternative is predicted be about 8,600 cy /yr5 -- a significant reduction relative to existing conditions. The predicted rapidly diminishing rate of predicted shoaling is similar to existing (prior project) measured conditions whereby the dredged outer channel shoals hard and rapidly in about one year, then slows its rate of shoaling as the channel is filled and equilibrated. At this point — which occurs within 1 or 2 years at most in existing conditions -- the channel is barely navigable and requires dredging. This makes long -term (4 -year) estimates of shoaling rates less meaningful in practical terms; that is, the important rate of shoaling is that which corresponds to the requisite dredging interval. The modeling indicates that this anticipated pattern of rapid shoaling —which decreases to a minimal level after 2 or 3 years -- is expected to continue with the project. This suggests the system will reach a quasi - equilibrium state. Long -term average shoaling rates are practical, if a navigable channel exists after 4 years. The Delft3D modeling suggests that after 4 years a navigable channel will remain, albeit one which is slight aligned northward of the initial cut orientation. That is, the limiting depth after 4 years under the selected alternative is deeper than - 1.75 meters (6 ft), compared with about -1 in (3.3 ft) under the existing (prior project) conditions. Based on the information provided in the modeling reports, we cannot decisively comment on the likelihood of a given magnitude of reduction in shoaling volume or the potential rate of infilling, but we concur that a more efficient channel should allow for a reduction in maintenance activity. The permit's acknowledgement of the possible need for intermittent channel dredging (up to 10,000 cy per action) between 4 -year maintenance cycles appears to be a prudent measure to safeguard against uncertainty in the model results; and this should be likewise acknowledged in budget planning /operations for the Pass. Modeling results indicate that placement of beach fill north of R -15.5 will not have significant negative effect on channel performance. Based on the location of the predicted nodal point along Barefoot Beach (the point where transport is net northerly), this is likely true because most of the fill would be expected to move northward over time. It is also clear that some placed sediment will be transported back into the inlet. CPE describes this volume as insignificant. If the predicted location of the nodal point is accurate (which is probably true), this should be the case. Given that the model calibration is largely described in terms of generalities, the possibility certainly exists for differing eventualities. Nonetheless, placement of fill at and north of R -15.5 on Barefoot Beach is warranted. 5 The 2009 & 2012 reports suggest the selected alternative shoals at an average annual rate of 8,600 cy /yr (CPE, 2009 p 70). -27- Packet Page -366- olsen associates, inc. Attachment C 2/26/2013 11. D. POTENTIAL ADDITIONAL MODELING EXERCISES The CPE report indicates that while the initial fill along Barefoot Island appears to offer benefit relative to existing conditions, 50,000 cy is not sufficient to mitigate the erosion which has occurred along this reach since at least the 1970's. CPE recommended continued sand placement and nourishment north of the inlet. We concur with this assessment and additionally suggest that an evaluation of shore protection structures (most probably semi - permeable groin(s)) using the Delft3D model would be of benefit. This is discussed in the section, below. The effects of some type of flow diversion dike, or similar, at the mouth of the southernmost interior waterway (to Water Turkey Bay) are of particular interest. Construction of this channel significantly altered the inlet morphology. As such, it would be prudent to investigate its effects should the proposed alternative fall short of design expectations. Additional data collection and model calibration would be required in order to reasonably model the interior hydraulics using the exiting numerical domains. This specifically includes measurement of the water flow near the mouths of the three interior waterways where they join the inlet channel, also discussed int the section, below. ALTERNATIVES (FUTURE CONSIDERATIONS) Beyond the dredge -and -fill alternatives investigated in the prior reports, consideration might be made of the following alternatives for possible future improvements to meet overall project objectives. The appropriateness of, and need for, any of these alternatives will be determined by the observed performance of the proposed project after construction. That is, implementation of any of these alternatives is not presently recommended in lieu of, or addition to, the proposed project that is anticipated for construction in 2013. 1. First and foremost, the proposed plan (c. 2013) is fundamentally viable and recommended for implementation. The project should be constructed and monitored. Any subsequent actions or modifications will be informed by the observed performance of the constructed plan. 2. It is speculated that the design location of the outer channel across the ebb shoal may be too far north [see Figure 7, page 11]. Consider means to relocate this farther south if warranted; or, perhaps, monitoring results may suggest that some curvature be introduced to the channel to follow the inlet channel's natural tendencies across the ebb shoal. 3. To the extent that it is forcing the northward meander of the flood -shoal inlet channel, consider means to modify /shunt the northward- directed flow from the south waterway (Water Turkey Bay) toward the west. Toward this end, or in any case, flow (current) measurements should be made at the mouths of the three waterways that join the inlet channel at the inlet's head. These data are needed to assess the influence that these three channels have upon the channel's morphology. [See Figures 4a and 4b, page 8.] These measurements could be made by multiple Acoustic Doppler Current Profilers (ADCP); or, more practically and economically, -28- oisen associates, inc. Packet Page -367- Attachment C 2/26/2013 11. D. they could be made by a single boat - mounted ADCP that traverses each mouth and the inlet throat multiple times throughout one typical spring -tide cycle.6 These measurements would be preferably repeated after a heavy rainfall, because it is likely that freshwater run -off will significantly affect the results. 4. If the straight channel adequately increases velocities and scour throughout the channel, but it is too quickly pushed back to a northerly meander across the flood shoal, then consideration might be given to hard structures (training dikes) to constrain the straight flood channel in the interior part of the inlet. A possible alternative to this action, however, could be a flow diversion structure at the mouth of the south waterway to Water Turkey Bay, noted in the prior paragraph ( #3). 5. Wholesale reduction of shoaling across the ebb shoal channel, and retention of sand upon the adjacent beaches, would require semi - classical, long inlet jetties on one or both sides of the inlet. This is not a recommended alternative at this inlet given these structures' probable adverse impact upon the overall littoral system. 6. It appears that a central tenet to (1) reducing critical shoaling at the inlet mouth, and (2) reducing erosion along the south end of Barefoot Beach, is to regulate the drift of sand from the south end of Barefoot Island into the inlet mouth. Modest - scale, low - profile (or possibly permeable) beach erosion control structures may be ultimately warranted at the south end of Barefoot Beach. These might consist of a semi - permeable terminal groin at the end of the island with, perhaps, one or more weak T -head structures further updrift along the southern 800 feet of the shoreline, more or less. Detached breakwaters (in lieu of a terminal groin and/or weakly shore connected structures) are probably not recommended because of the potential for flow to develop in their lee. Again, the degree to which such coastal structures may be warranted will be determined in significant part by the observed behavior of the presently proposed inlet improvement project. 7. The utility of similar, small -scale structures at the terminal end of the south beach — toward regulating sand flow into the inlet and channel — is presently less apparent than for the north beach. It is probable that other approaches, outlined above, may be more effective in improving project performance; to be determined. 8. Finally, the need for supplemental nourishment of the Barefoot Beach shoreline (and to partly restore the ebb tidal platform on the north side of the channel) is apparent for the future; i.e., beyond those improvements and sand placements to be made by the presently proposed project. 6 We've had success with that boat - mounted ADCP approach for similar assignments at several inlet locations. -29- olsen associates, inc. Packet Page -368- Attachment C SUMMARY 2/26/2013 11. D. It is our independent opinion that the presently proposed and permitted project should be implemented at Wiggins Pass (anticipated for construction in 2013), and the performance monitored to inform future actions. The proposed project is viable and presents a reasonable likelihood of improving conditions and meeting the project objectives, relative to current practices. To the extent that the implemented project does not wholly meet expectations or predictions, it appears that the project plan may be rationally enhanced in the future by one or more modifications outlined in the preceding section. Again, the need for, or appropriateness of, these modifications will be determined by the performance of the constructed project. And, in any event, the pre- requisite for incorporating any such future modifications, if any — such as for purposes of permitting etcetera — must be the monitored performance of the fundamental project as presently proposed. Simply stated, the County needs to build this project first, and observe it. In terms of project performance and objectives, it is reasonably likely that the project will improve navigation and reduce the immediacy for dredging relative to present conditions; and it will certainly do so through avoidance and minimization of adverse environmental effect, including to the State Park. It is an economical solution, recognizing that there may be further long -term economic efficiencies to be achieved through future project enhancements — but these efficiencies, if any, cannot be affirmed until after the performance of the proposed project in 2013 is assessed. The project's probable success in mitigating erosion at Barefoot Beach is uncertain. This success will depend upon the degree to which the project can hydraulically isolate the straightened channel from Barefoot Island and reduce the tidal flow off the beach through the placement of dredged sand. The improved hydraulic efficiency of the new channel may more readily displace sand offshore, extending the ebb shoal platform further seaward, which would not improve conditions at Barefoot Beach. But, this might be offset by the project's placement of dredged sand along the south end of this beach and the associated reduction of tidal flows between the beach and the inlet. This will be determined through observation of the completed project. The extent to which the project's numerical modeling is wholly accurate is less important than it may seem. Numerical modeling is a tool that informs — but does not determine — the physical processes of a site and a proxy outcome of a considered project. Per this review, the modeling undertaken for the Wiggins Pass projects, by both prior investigators, is considered to be informative and to have been executed according to prevailing standards of practice within the limits of those data available for calibration. Assessing the probable success, and uncertainties, of such a coastal project is ultimately dependent upon the Engineer's experience and understanding of the site based upon myriad available input data. In the present instance, the consensus conclusion is that the fundamental approach of the proposed project is sufficiently valid for implementation, monitoring, and possible future enhancement as may be determined through assessment of the project's post - construction performance. _30- olsen associates, inc. Packet Page -369- Attachment C 2/26/2013 11. D. REFERENCES (Partial list of reports reviewed for this investigation, as cited in this report) 7 H &M (2004). "Wiggins Pass Feasibility Phase, Alternatives for Modifying the Wiggins Pass Maintenance Dredging Permit to Address Erosion of Barefoot Beach." Prepared by Humiston & Moore Engineers. Prepared for Board of County Commissioners, Collier County, FL. H &M (2007). "Wiggins Pass Study. Hydrodynamic and Sand Transport Modeling." Prepared by Humiston & Moore Engineers for Collier County. August 2007. H &M (2012). "Wiggins Pass Maintenance Dredging 2012 One -Year Post Construction Monitoring Summary." Physical monitoring report prepared by Humiston & Moore Engineers for Collier County. HM File No. 18022/11054. August 2012. CPE (1995). "Wiggins Pass Inlet Management Plan". Prepared by Coastal Planning & Engineering, Inc. August 1995. CPE (2009). "Wiggins Pass, Collier County, FL. Numerical Modeling of Wave Propagation, Currents and Morphology Changes Phase II: Numerical Modeling of Alternatives Report." Prepared for Collier County Wiggins Pass Modeling Evaluation Working Group and Coastal Zone Management Department. Prepared by Coastal Planning & Engineering, Inc. January 2009. CPE (2010). "Engineering Report for a Maintenance Dredging, Navigation Improvement and Erosion Reduction Project for Wiggins Pass, Florida ". Prepared by Coastal Planning & Engineering, Inc. February 2010. CPE (2012). "Engineering Report of an Inlet Management Study in Support of Maintenance Dredging, Navigation Improvement and Erosion Reduction Project For Wiggins Pass, Florida" Prepared for Collier County Coastal Zone Management. Prepared By Coastal Planning & Engineering, Inc., 2481 N.W. Boca Raton Blvd., Boca Raton, FL 33431. January 2012. Report includes updated modeling report as Appendix D, completed in February 2010. 7 Many additional reports and correspondence were reviewed for this report, but are not listed herein. The literature listed above represent the fundamental source materials described in this review. -31- Packet Page -370- olsen associates, inc. Attachment D 2/26/2013 11.D. Response by Stephen Keehn, P.E. Coastal Planning & Engineering Inc. to the PEER REVIEW OF PROPOSED DREDGE IMPROVEMENTS AT WIGGINS PASS, FLORIDA by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.; Olsen Associates, Inc. December 14, 2012. We concur with Olsen Associates, Inc conclusions that the "... the fundamental project approach is sound, as proposed for the upcoming construction" at Wiggins Pass (December 14, 2012). We also recognize there are uncertainties that will be addressed by the project monitoring plan and a flexible and dynamic maintenance plan. Some of Olsen's' largest concerns are based on nuances easily over looked. An understanding of the nuances can better explain why the specific alternatives and study methods were selected. The following points describe some of these nuances: Olsen notes that the channel cuts deep near the south point of Barefoot Beach (Station C4 -C7) and could increase erosion at this point. The Florida Park Service was concerned about impacts along their interior shoreline at Delnor Wiggins Pass State Park, and the final channel alignment was modified to address their concerns. This alignment was selected to be half way between the 2010 MHW shoreline on both parks as shown in Olsen's Figure 2. Initially we proposed a western slanting transition for the Vanderbilt channel to the main channel, but eliminated it due to these concerns. The Park Service had strong support from many on the FDEP permitting staff and was a major influence on the final design. The pass has been in this alignment in the past as illustrated by the 1927 and 1970 shorelines in Figure 2 of CPE "Engineering Report" (2012). Olsen's paper spent considerable time addressing the channel migration to the north, concluding it was largely caused by the Vanderbilt Channel opening in the 1950s. A look at historic information (maps, aerial and historic shoreline locations provided in the Engineering Report (see figure 6 and Appendix B) illustrate that the channel migration and ebb shoal growth was well underway before the Vanderbilt Channel was opened. Even if the hydraulics changed significantly after the Vanderbilt Channel was opened, the speed of the northern migration is manageable, moving 100 feet between the 1970s and 2009 (approximately 3 feet per year). Northern channel movement is addressed by the dynamic maintenance plan for the pass. Olsen's modeling comments describe a more comprehensive and costly effort than was contracted for by Collier County. The contracted modeling approach concentrated on showing the advantages of a straighter channel by comparing the existing plan with new plans using a model calibrated for the Gulf opening. This modeling method was selected to reduce survey, current measurements and modeling effort cost for an economical analysis. Olsen suggests that a more comprehensive modeling study is needed to better resolve the channel intersection and the beach processes. The selected methods avoided detailed measurements in the tributary channels, since the primary objectives were reducing erosion at Barefoot Beach and enhancing Packet Page -371- Attachment D 2/26/2013 11. D. navigation thru the ebb channel. As indicated above, northern migration of the flood channel is expected to be only 3 feet per year and will be managed by the channel maintenance dredging program. The flood channel has been historically easier to manage. We agree with Olsen's conclusion for moving forward with construction. The cost of additional studies would be better spent in implementing the proposed project, monitoring its performance and making adjustment to the project in the future based on what is learned. This is especially true where coastal processes swing between northwest to southwest wave and climate domination on a regular basis. References: Olsen Associates, Inc. (Prepared by Kevin Bodge, Ph.D., P.E. and Steven Howard, P.E.). Peer Review of Proposed Dredge Improvements at Wiggins Pass, December 14, 2012. Coastal Planning & Engineering Inc. "Engineering Report of an Inlet Management Study in Support of Maintenance Dredging, Navigation Improvement and Erosion Reduction Project For Wiggins Pass, Florida ", 2012. Packet Page -372-