Backup Documents 01/25/2011 Item #10K
MEMORANDUM
10K
I
Date:
February 14,2011
To:
Brenda Reaves, Purchasing Agent
Purchasing Department
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Contract #11-5633 "Wiggins Pass Maintenance
Dredging"
Contractor: Southwind Construction Corp.
Attached is the original contract, referenced above (Item #10K)
approved by the Board of County Commissioners on January 25, 2011.
The second original document will be held in the Minutes and Records
Department for the Board's official record.
If you should have any questions, please contact me at 252-8411.
Thank you.
Attachment
ITEM NO.:
DATE RECEIVED:
Purchasing Department 1 0 K
3327T amiarni Trail East ' K-'
Naples, Florida 34112 ..j/'
Telephone: (239) 252-6020 ()
FAX. (239) 252-252-6592 VI>
Ernall brendareaves@collier~ov~ Y ~
wwwcolliergov.net VI.. L; 1'1 /. )
{1 ~ \\vf1r/
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eoltr County
- ~. .-
A.cIrr1nislralive Servioos DIvision
Purchasing
ROUTED TO:
II~ fl2t- rJ / f j25
FILE NO.:
DO NOT WRITE ABOVE THIS LINE
Request for Legal Services
~'0-
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,
Date:
02/08/11
"
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From:
Scott Teach
Assistant County Attorney
Brenda Reaves, @!n-tracllPurChaSing Technician for Scott Johnson
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To:
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Re:
Solicitation # 11-5633 Wiggins Pass Maintenance Dredging
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Contractor: Southwind Construction Corporation
BACKGROUND OF REQUEST:
This contract was approved by the BCC on January 25, 2011; agenda item 10K
J.,
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Please forward to BCC for signature after approval. If there are any questions concerning the document,
please contact me at the telephone number or email address above. Purchasing would appreciate
notification when the documents exit your office, along with a copy of the completed RLS.
Thank you,
~~~
~~
GfAcquisitions/AgentFormsandLetters/RiskMgmtReviewoflnsurance4/15/201 0/16/09
.--.,,---_._-_.~-_._-~-_..~
RLS # / / J'1Z(I () /6 E2.:;;
CHECKLIST FOR REVIEWING CONTRACTS
EntitYName:~t.);noLa....0S":h..uc..~'{)1l i1r-pc\"P'on 1 0 K
Entity name correct on contract? ~~ ______1',10
Entity registered with FL Sec. of State? Yes No
Insurance ~
Insurance Certificate attached? __~s No
Insured registered in Florida? ---r-;;Yes/ No
Contract # &/or Project referenced on Certificate? /--)tG, No
Certificate Holder name correct (BCC)? -V-Yes No
Commercial General Liability ~
General Aggregate Required $ _____ Provided $ -a@\\- Exp. Date __. '-L I I I
Products/CompI/Op Required $_ Provided $ /I " Exp. Date _____.,
Personal & Advert Required $___..._ Provided $ -\y:...;:\I: [XI'. Date ~ I J I
Each Occurrence Required $ ~,-\~ Provided $ I'" Exp Date _ __
fire/Prop Damage Required $__ Provided $::-+ODIC--- Exp Date
Automobile Liability \ +
Bodily Inj & Prop Required $.--=t-- __ ProVIded $1fC\ ; ~,.. Exp Date -'::l. ! I L1__
Workers Compensation ~~.L........ t
Eachaceident Required$~,~\l_ provided$_\~ ExpDate '-ll,ll'
Disease Aggregate ReqUired$~.,.,....r..d provided~. -t+- ExpDate ~I
Disease Each EmI'l Required $.. I'-~- 'provided $, . /,.___ Fxp Date__
Umbrella Liability ~ \
Each Occmrence Provided $ _LD,m-,,'l Exp Date \...1 Ll--'l.
Aggregate Provided $ f l , J Exp D~___~~
Does Umbrella sufficiently cover any underinsured portion?_~es______No
Professional Liability
Each Occurrence Required $____ ProVided $
Per Aggregate Required $______,._ Provided $ ______
Other Insurance \..VC'-~
Fach Occur TYPe:"",~S '-P""~""^l2eqUlred $\YY\i.U
p<:>\\"".... ~ 'F. ,\\. '-i ,I II
Cdunty required to be nai1'lc~ aCldltional inlured?
County named as additional insured?
Exp. Date
Exp. Date
ProVIded $
-tr::-
Exp Date
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
,...<(
--.IL-~
.. es
p
-0es
Yes
No
No
~~
Performance Bond
Bond requirement referenced in contract?
[fattached, expiration date of bond __
Does dollar amount match contract? 0:-1 SO. DO 0
Agent registered in Florida?
__/'Ycs
/~s
LVes
No
No
No
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
Authorization for executor to sign, if necessary:
Chairman's signature block?
Clerk's attestation signature block?
County Attomey's signature hlock?
No
No
No
No
, __mo. _. _/____.__.__
. JL)fes . No
/..~_Y''jes No
_lIVes No
.L~s
~s
--~~
AttacJrments
Are all required attachments included?
0es
No ~
Reviewer InitialS.. t
Date: '_ _
04-CO, - 3 /222
eo~e-r County
Purchasing Department
3301 Tamiami Trail East
Naples, Florida 34112
Telephone: (239) 252-6020
FAX: (239) 252-6592
Email: brendareaves@collieroov.net
www.collierqov. neVourchasinq
10K
..
Administrative Services DivISion
Purchasing
Memorandum
Date:
02/09/11 ~~
Brenda Reaves, ContracUPurchasing Technician for Scott Johnson
To:
Ray Carter
DATE RECEIVED
FES 0 9 2011
RiSK MAIWIEHENT
From:
Subject:
Solicitation # 11-5633 Wiggins Pass Maintenance Dredging
This Contract was approved by the BCC on January 25, 2011, agenda item 10K.
The County is in the process of executing this contract with Southwind Construction Corporation. A copy
of the original solicitation is attached. The insurance requirements are on pages GC-CA-C-1 through GC-
CA-C-4.
Please review the Insurance Certificate(s) for the referenced Contract. If everything is acceptable, please
email me with your acknowledgement that all the requested insurance requirements have been met.
If you find the certificate(s) to be unacceptable, please contact the vendorlinsurance company to obtain a
proper certificate. Once you receive the proper certificate(s), please include a copy with the contract
before forwarding to the Office of the County Attorney.
Please advise me of the status of this request within the next 5 days.
If you have any questions, please contact me at extension 6020.
Thank you,
(Please route to County Attorney via attached Request for Legal Services)
G/Acquisitions/AgentF ormsandLetters/RiskMgmtReviewofl nsurance4J15/201 0/16/09
MausenGeorgina
101<
i"f
From:
Sent:
To:
Cc:
Subject:
CarterRaymond
Thursday, February 10, 2011 9:57 AM
ReavesBrenda
MausenGeorgina; HerreraSandra, McAlpinGary
Contract 11-5633 "Wiggins Pass Maintenance Dredging"
All, Risk Management has reviewed and approved the Payment and Performance Bond in addition to the Certificate of
Insurance provided by Southwind Construction Corporation for contract 11-5633. The contract will now be forwarded to
the county attorney's office for their review,
Thank you,
Ray
'Rn.tJ. Carr..teJL
Manager Risk Finance
Collier County Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Office 239-252-8839
Mobile 239-821-9370
Under Florida Law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a public records request. do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing
1
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Foreign Profit Corporation
SOUTHWIND CONSTRUCTION CORP. OF INDIANA
Cross Reference Name
SOUTHWIND CONSTRUCTION CORP.
Filing Information
Document Number P39073
FEI/EIN Number 351474620
Date Filed OS/28/1992
State IN
Status ACTIVE
Principal Address
14649 HIGHWAY 41 NORTH
SUITE 100
EVANSVILLE IN 47725 US
Mailing Address
14649 HIGHWAY 41 NORTH
SUITE 100
EVANSVILLE IN 47725 US
Registered Agent Name & Address
NRAI SERVICES, INC.
515 E. PARK AVENUE
TALLAHASSEE FL 32301 US
Name Changed: 06/19/2007
Address Changed: 02111/2011
OfficerlDirector Detail
Name & Address
Title PD
SEIBERT, DONALD J
14649 HWY 41 NORTH, SUITE 100
EVANSVILLE IN 47725
TitleST
BARNES, THOMAS J
14649 HWY N. SUITE 100
EVANSVILLE IN 47725
TitleVP
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10K
www.sunbiz.org-DepartmentofState
BASSETT, STEPHEN L
14649 HWY 41 N., SUITE 100
EVANSVILLE IN 47725
Annual Reports
Report Year Filed Date
2008 04/11/2008
2009 03/20/2009
2010 02/18/2010
Document Images
02/18/2010 -- ANNUAL REPORT
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04/11/2008 -- ANNUAL REPORT
06/19/2007 -- Reo. Aoent Chanoe
03/12/2007 -- ANNUAL REPORT
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04/28/2005 -- ANNUAL REPORT
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04/21/2003 -- ANNUAL REPORT
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02/27/1999 -- ANNUAL REPORT
03/24/1998 -- ANNUAL REPORT
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04/23/1996 -- ANNUAL REPORT
02/14/1995 -- ANNUAL REPORT
I
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Name Searched On:
SOUTHWIND CONSTRUCTION (Le9al)
Current Information
Entitv Leaal Name:
SOUTHWIND CONSTRUCTION CORP.
Entitv Address:
14649 HIGHWAY 41 NORTH, STE 100, EVANSVILLE, IN 47725
General Entity Information:
Control Number: 197901-394
Status: Active
Entitv Tvpe: For-Profit Domestic Corporation
Entity Creation Date: 1/12/1979
Entitv Date to Exoire:
Entity Inactiye Date:
This entity is current with Business Entity Report(s).
There are no other names on file for this Entitv.
Reaistered Aaent(name, address, citv. state. zip):
WILLIAM L KOESTER
14649 HIGHWAY 41 NORTH STE 100
EVANSVILLE, IN 47724
Princioa/s(name, address, {;.~ state. zip - when prOVided)
DONALD J. SEIBERT
CEO
14649 HIGHWAY 41 NORTH, SUITE100
EVANSVILLE, IN 47725
THOMAS J BARNES
Secreta ry
14649 HIGHWAY 41 N STE 100
EVANSVILLE, IN 47725
THOMAS J. BARNES
Treasurer
14649 HIGHWAY 41 NORTH
EVANSVILLE, IN 47725
Stephen L. Bassett
President
14649 Hwy 41N, Ste 100
Evansville, IN 47725
Transactions:
Date Filed Effective Date Type
01/12/1979 01/12/1979 Articles of Incorporation
04/18/1980 04/18/1980 Articles of Amendment
https://secure.in.gov/sos/online_corps/view_ details "'ppv.aspx
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More Information
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09/06/1988 01/12/1979 Application of Reinstatement
01/18/2000 01/18/2000 Articles of Amendment
09/03/2002 09/03/2002 Change of Principai Address
09/30/2002 09/30/2002 Change of Officer
10K ,J
Corporate Reports:
Years Paid
1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991
1992 1993 1994 1995 1997 1999 2001 2003 2005 2007 2009 2011
Years Due
None
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2/11/2011 .
eo~ County
---- ""
AdITinislralive Servioos DIvision
Purchasing
Wiggins Pass Maintenance Dredging
COLLIER COUNTY BID NO. 11-5633
COLLIER COUNTY, FLORIDA
Design Professional:
Coastal Planning & Engineering
(j).,
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.;;;......
PurdlasingOepartrnef1I' 3327 Tamiami Trail East. Naples, Flo.ida 34112-4901 . ,^W'r~,colliergov.net/purchasillg
10K
I
10K
TABLE OF CONTENTS
A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Form
EXHIBIT 0: Contractor Application for Payment Form
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Form
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Coastal Planning and
Engineering
and identified as follows: Wiggins Pass Maintenance Dredging
as shown on Plan Sheets 1 through 5.
EXHIBIT N: Contractor's List of Key Personnel
10K
cJJ:r County
----..-~ -
Adrrinislralive Servioos DIvision
Purchasing
PUBLIC NOTICE
INVITATION TO BID
Wiggins Pass Maintenance Dredging
COUNTY BID NO. 11-5633
Separate sealed bids for the construction of Wiggins Pass Maintenance Dredging,
addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier
County Government, Purchasing Department, 3327 Tamiami Trl E, Naples, FL 34112,
until 2:30 P.M. LOCAL TIME, on the 5th day of January, 2011, 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 15th day of December, 2010,
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 Maintenance Dredging Bid No. 11-5633 and
Bid Date of January 5, 2011". No bid shall be considered unless it is made on an
unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC-
P-1 through GC-P-15) 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.neUbid.
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 fifteen (15) calendar days after the receipt of the
Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute
the Agreement in the form attached hereto and incorporated herein.
The Successful Bidder shall be required to furnish the necessary Payment and
Performance Bonds, as prescribed in the General Conditions of the Contract
Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and
Certificates of Insurance shall be either executed by or countersigned by a licensed
resident agent of the surety or insurance company having its place of business in the
GC-PN-1
(Construction Services Agreement~Revised July 2009)
lOK
State of Florida. Further, the said surety or insurance company shall be duly licensed
and qualified to do business in the State of Florida, Attorneys-in-fact that sign Bid
Bonds or Payment and Performance Bonds must file with each bond a certified and
effective dated copy of their Power of Attorney.
In order to perform public work, the Successful Bidder shall, as applicable, hold or
obtain such contractor's and business licenses, certifications and registrations as
required by State statutes and County ordinances.
Before a contract will be awarded for the Work contemplated herein, the Owner shall
conduct such investigations as it deems necessary to determine the performance record
and ability of the apparent low Bidder to perform the size and type of work specified in
the Bidding Documents. Upon request, the Bidder shall submit such information as
deemed necessary by the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to finally complete all Work within forty-five
(45) calendar days from and after the Commencement Date specified in the Notice to
Proceed but in any event not later than April 30, 2011.
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 December 2010.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/ Stephen y, Carnell, C.P.M.
Purchasing and General Services Director
GC-PN-2
(Construction Services Agreement_Revised July 2009)
10K
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-15 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 Trl E, Naples, FL
34112, If forwarded by mail, the sealed envelope containing the Bid must be enclosed
in another sealed envelope addressed as above. Bids received at the location
GC-IB-1
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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 Reauirements
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. Riaht 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.
GC-IB-2
lOK
Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5,2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures,
5.6 All Bids shall state the Bidder's contractor license number.
5,7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening, The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8,1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, 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
GC-IB-3
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opening of Bids. Such written addenda shall be binding on Bidder and shall become a
part of the Bidding Documents.
8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid,
that it has received all addenda issued and it shall acknowledge same in its Bid.
8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is non-mandatory.
Section 9. Examination of Site and Contract Documents
9.1 By executing and submitting its Bid, each Bidder certifies that it has:
a, Examined all Bidding Documents thoroughly;
b. Visited the site to become familiar with local conditions that may in any manner
affect performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, rules, and
regulations affecting performance of the Work; and
d. Correlated all of its observations with the requirements of Bidding documents.
No plea of ignorance of conditions or difficulties that may exist or conditions or
difficulties that may be encountered in the execution of the Work pursuant to these
Bidding Documents as a result of failure to make the necessary examinations and
investigations shall be accepted as an excuse for any failure or omission on the part of
the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever
for extra compensation or for an extension of time.
9.2 The Owner will make copies of surveys and reports performed in conjunction with
this Project available to any Bidder requesting them at cost; provided, however, the
Owner does not warrant or represent to any Bidder either the completeness or accuracy
of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own
expense, make such additional surveys and investigations as may be necessary to
determine its Bid price for the performance of the Work within the terms of the Bidding
Documents. This provision shall be subject to Section 2.3 of the General Conditions to
the Agreement.
Section 10. Material Reauirements
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.
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Section 11. Bid Quantities
11.1 Quantities given in the Bid Schedule, while estimated from the best information
available, are approximate only, Payment for unit price items shall be based on the
actual number of units installed for the Work. Bids shall be compared on the basis of
number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said
unit prices shall be multiplied by the bid quantities for the total Bid price, Any Bid not
conforming to this requirement may be rejected. Special attention to all Bidders is
called to this provision, because if conditions make it necessary or prudent to revise the
unit quantities, the unit prices will be fixed for such increased or decreased quantities.
Compensation for such additive or subtractive changes in the quantities shall be limited
to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the
Project Manager and the Successful Bidder shall have the discretion to re-negotiate any
unit price(s) where the actual quantity varies by more than 25% from the estimate at the
time of bid.
11.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an
expressed requirement of the bid invitation to provide pricing for all alternates as listed,
The omission of a response or a no-bid or lack of a submitted price may be the basis for
the rejection of the submitted bid response, All bids responses received without pricing
for all alternates as listed will be considered technically non-responsive and will not be
considered for award.
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the
bid invitation (including the form of the bid documents or bid procedures) shall file their
protest with the Purchasing Director prior to the time of the bid opening strictly in
accordance with Owner's then current Purchasing Policy.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest,
responsive and qualified Bidder determined by the base bid, and any, or all, selected
alternates, and the Owner's investigations of the Bidder. In determining the lowest,
responsive and qualified bidder, the Owner shall consider the capability of the Bidder to
perform the contract in a timely and responsible manner.. When the contract is awarded
by Owner, such award shall be evidenced by a written Notice of Award, signed by a
Purchasing 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.
Local Vendor Preference: The Collier County Board of County Commissioners has
adopted a Local Preference "Right to Match" policy to enhance the opportunities of local
businesses to receive awards of Collier County contracts.
A "local business" is defined as a business that has a valid occupational license issued
by either Collier or Lee County for a minimum of one (1) year prior to a Collier County
bid or proposal submission that authorizes the business to provide the commodities or
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services to be purchased, and a physical business address located within the limits of
Collier or Lee Counties from which the vendor operates or performs business, Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing said
physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of either
Collier or Lee County in a verifiable and measurable way, This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and
increase to either Collier or Lee County's tax base, and residency of employees and
principals of the business within Collier or Lee County, Vendors shall affirm in writing
their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section.
When a qualified and responsive, non-local business submits the lowest price bid, and
the bid submitted by one or more qualified and responsive local businesses is within ten
percent (10%) of the price submitted by the non-local business, then the local business
with the apparent lowest bid offer (i.e. the lowest local bidder) shall have the opportunity
to submit, an offer to match the price(s) offered by the overall lowest, qualified and
responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder
and the lowest local bidder are in fact qualified and responsive bidders. Next. the
Purchasing Department shall determine if the lowest local bidder meets the
requirements of Section 287.087 F.S.
If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing
Department shall invite the lowest local bidder to submit a matching offer to the
Purchasing Department which shall be submitted within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid
from the lowest non-local bidder tendered previously, then award shall be made to the
local bidder. If the lowest local bidder declines or is unable to match the lowest non
local bid price(s), then award will be made to the lowest overall qualified and responsive
bidder. If the lowest local bidder does not meet the requirement of Section 287.087 F,S.
and the lowest non-local bidder does, award will be made to the bidder that meets the
requirements of the reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming
Status as a Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will
preclude said Bidder from being considered for local preference on this
solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to
one year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of
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clarification to assure full understanding of, and responsiveness to solicitation I
requirements.
12.3 For Bidders who may wish to receive copies of Bids after the Bid opening, The
Owner reserves the right to recover all costs associated with the printing and distribution
of such copies.
12.4 Certificate of Authoritv to Conduct Business in the State of Florida
(Florida Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall
be required to provide a certificate of authority from the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute
607.1501 (www.sunbiz.orq/search.html). A copy of the document shall be submitted
with the solicitation response and the document number shall be identified. Firms who
do not provide the certificate of authority at the time of response shall be required to
provide same within five (5) days upon notification of selection for award. If the firm
cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm.
Section 13. Sales Tax
13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales
tax savings program and the Successful Bidder agrees to fully comply, at no additional
cost to Owner, with such sales tax savings program implemented by the Owner as set
forth in the Agreement and in accordance with Owner's policies and procedures.
Section 14, Exclusion of Countv Permits in Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public
Bid Disclosure Act", Collier County will pay for all Collier County permits and fees
applicable to the Project, including license fees, permit fees, impact fees or inspection
fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall
not include these permit/fee amounts in their bid offer. However, the Successful Bidder
shall retain the responsibility to initiate and complete all necessary and appropriate
actions to obtain the required permits other than payment for the items identified in this
section.
14.2 The Successful Bidder shall be responsible for procuring and paying for all
necessary permits not issued by Collier County pursuant to the prosecution of the work,
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work
on this Project shall be "qualified" as defined in Collier County Ordinance 87-25,
meaning a person or entity that has the capability in all respects to perform fully the
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Agreement requirements and has the integrity and reliability to assure good faith
performance, A Subcontractor's disqualification from bidding by the Owner, or other
public contracting entity within the past twelve months shall be considered by the Owner
when determining whether the Subcontractors are "qualified."
15.2 The Owner may consider the past performance and capability of a Subcontractor
when evaluating the ability, capacity and skill of the Bidder and its ability to perform the
Agreement within the time required. Owner reserves the right to disqualify a Bidder who
includes Subcontractors in its bid offer which are not "qualified" or who do not meet the
legal requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have
been disqualified from submitting bids to the Owner, disqualified or de-certified for
bidding purposes by any public contracting entity, or who has exhibited an inability to
perform through any other means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the 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 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or indirectly, any favor,
gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part 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 17. Public Entitv 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
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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."
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CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Wiggins Pass Maintenance Dredging
BID NO. 11.5633
Full Name of Bidder Southwind r.on!';trllC~t:;nn r.nrp
Main Business Address 14649 Hwy 41 North, Ste 100, Evansville, IN 47725
Place of Business
Evansvi 11 e, IN
Telephone No.
812-867-7220
Fax No. 812-867-4477
State Contractor's License # FL CGC1505210
State of Florida Certificate of Authority Document Number P39073
Federal Tax Identification Number 35-1474620
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
) The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications,
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
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SOUTHWIND
CONSTRUCTION
Te~imoj~gy 8. bp"r;'!fKt \.'v'",,,,i,,_~ T(Jgeth:'f
January 7, 2011
Collier Couuly Purchasing
Attn: Mr. Scott Johnson
3327 Tamiami Trail East
Naples, Florida 34112
Subject: Wiggins Pass Dredging Project
Dear Mr. Johnson:
Please find enclosed our revised bid pricing for the Wiggins Pass dredging project. We have reduced
our price due to the permit changes discussed on 1/7/2011 between Gary McAlpin, Steve Keuhn, and
me.
Please contact me at your convenience to discuss further.
Sincerely,
2.tqJu,V) f4'1-L<;t!
Stephen Bassett
President
Southwind Construction Corporation
14649 Highway 41 North, Suite 100
Evaru;ville, IN 47725-9357
Phone # 800-880-7120
Fax # 812-867-4477
~\V\y .souttrwing.co. con!
An Equal OpportunUy Employer
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ActJv~
SoIlcftatJon TItle: Wiggins Pass Maintenance Dredging {Pre~bld 12/15/10} 5J
Solk:ttatlon Number: 11-5633
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SolldloltionEr>d'i:Wednesdal',lilnuilryOS,2Qt12:30:00PME1lSb!,m
Subml'i5ian Method: Electronk
Commodity
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; nem No. Estimated QuantIty
Unit of Mellsure
Desoiptlon
MoblUUlti'm &. Demoblll2atlon lor Oredglng
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Gr~fldl(l<41 22365.00
----'$750,000: 00
DisclaImer
By I.lslnq the Collier County Online. Blddi'lll System, yell are amrmlllg that you are duly aut11or1~etI to submlt this bid, that this tlld ltaS!lot been prepared. In
collusion with any other bIdder, arid tllat the conte.rlt$ ofthl; bid have nat been commurliCllt:ed tOllrlY ~r bIdder Ilriorto the offldal dtl1! date and time.
Furtherrooo-e, youal'l!lilcknowlll<l'glngtlliltyouh.vef'Ud,ul>derstood,andilc:ceptthetetTr1S11ndcondltlC>Tl5ofthlssoHdtation and that I'ollr bid meet:s. or eJCceed.s
tile minimum f;pedflcatlons corrtlllned In this Invitation to bid.
r I agree.
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http://bid.colliergov.net/bidlsubmit.asp?id=EAE29584-C56D-4C7D-9F2E-F7FFBBAD03 ... 12/13/2010
Collier County Online Bidding System - Submit Bid Online
Page 1 of 1
submit Bid Online
IV},
D,,,,;cIUJll'i
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Solicitation Title: Wiggins Pass Maintenance Dredging (Pre-bid 12/15/10) 51
Solicitation Number: 11-5633
expired
~~'i';'~41 ute l! I
Solicitation SummarY I Snecifications Terms and Conditions I QM I Submit Blel Online
t.,y Current 5~li(it~'ians
Please scroll do.....n to fill in your bid and review our disclaimers in detai1.
"yDroF.le
[.Iy ConHn~dit",<;
City:l.ollie,C:ountvPurchasinCl
Contact: ScnttloM~nn@collierao\l.net
Solicitation Starts: Friday, DecemberQ3, 2.010 10:QO:OQAM Eastern
Solicitation Ends: Wednesday,Jal'luary 05. 2011 2:30:00 PM Eastern
Submission Method: Electronic
'_oq~at
Commoditv
General Contractor
Dredging Service
Subcommoditv
(Unspecified)
(Unspecified)
File Requested
Bid Bond
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File Title
Local Preference
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Mise Bid Documents
* Input 0 if the cost of the item is inCluded
Item No. Estimated Quantity
Unit of Measure
Description
Mobili~ation &. Demobilization for Dredging
Unit Price
Item Total
49990
n
Dredging and Disposal of Sand north ot Wiggins Pass
~.29
15,2811.00
33,4dz.00
$520,555.00
264,447.10
15,288.00
33,402.00
48b.00 2,400.00
GrandTotal$836~092.10
cs
LS
Wiggins Pass Turbidity & Enviornmental Monitoring
,
LS
Cnnstruc;tion Surverys
Each
Sand Analysis
I Calculate I
Disclaimer
6yusing the Coliier County Online Bidding System, vou areaffirmi ng that you are duly authorized to submit this bid,thatthis bid has not been prepared In
coilusionwith any other bidder, and that the contents of this bid have rlotbeen commurlicated to any other bidder prior to the officia Iduedateandtime.
Furthermore,Vou are aCknowledQing that you have read, understood,andacceptthetermsandconditionsofthissollcitation and that your bid meets or exceeds
the mirlimum specifications cOrltained in this irlvitation to bid.
Ll1agree.
Bid DorOlment(dowrlloaded)
Ll I have downloaded and read lhe above documcrlt.
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BID SCHEDULE
Wiggins Pass Maintenance Dredging
Bid No. 11.5633
Please input your prices at www.collieraov.netlbid
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
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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.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1. No material to be used
2.
3.
4.
5.
Please insert additional pages as necessary.
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;J
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.
Does not apply
2.
3,
4.
5,
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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.
Proiect and Location
Reference
1.
Ft Mvers Beach Maintenance Dredqinq
Florida
CorDS of Enq;neers - Jacksonville Dist.
Reau Corbett
2.
Longboat Key & Treasure Island
Corps of Engineers - Jacksonville Dist.
Pinel1as County, Florida
Dolly Colwell
3.
Bear Inlet, North Carolina
Corps of Engineers - Wilmington, NC
Danny Kissam
4.
Hoskins Creek, Virginia
Corp of Engineers - Norfolk Dist.
Tracey Huohes
5,
Levee Restoration - Houma, LA
Corp of Engineers - St Louis Dist.
Terrebonne Parish, LA
Archie Ringenberg
6.
Maintenance Dredging, Baltimore, MD
Corps of Engineers - Baltimore, MD
Li nda Evans
Dated 1/4/11
Southwind Construction Corp
Bidder
BY: Donald Seibert &4 M
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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.
Proiect and Location
Reference
1.
Ft Mvers Beach Maintenance Dredqinq
Florida
Corps of Enqineers - Jacksonville Dist.
Beau Corbett
2.
Longboat Key & Treasure Island
Corps of Engineers - Jacksonville Oist.
Pinellas County} Florida
Dolly Colwell
3.
Bear Inlet, North Carolina
Corps of Engineers - Wilmington, NC
Danny Ki ssam
4.
Hoskins Creek, Virginia
Corp of Engineers - Norfolk Dist.
Tracey Huohes
5.
Levee Restoration - Houma, LA
Corp of Engi neers - St Lou; s OJ st.
Terrebonne Parish, LA
Archie Ringenberg
6.
Maintenance Dredging, Baltimore, MD
Corps of Engineers - Baltimore, MD
Li nda Evans
Dated 1/4/11
Southwind Construction Corp
Bidder
BY: Donald Seibert ctJC'J-~ M
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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 (Quantitv) Cost Cost
(Description ) (LF.SY)
1. Does not apply
2.
3.
4.
5.
---_._-~--
., TOTAL $
,
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 1/4/11
Southwind Construction Corp
Bidder ~5
cCf
BY:
GC-P-6
lOX
4~_
Ad ,Ii. lillb.1lille Services Division
Purdlasing
Affidavit for Claiming Status as a Local Business
BID #:11-5633 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
o Collier County
o Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business, Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing. a vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section,
Vendor must complete the following information:
) Year Business Established in DCollier County or 0 Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in 0 Collier County or 0 Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Date:
Collier or Lee County Address:
Signature:
Title:
STATE OF FLORIDA
o COLLIER COUNTY
o LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
,20 .
Day of
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
GC-P-7
4,",-qaunty_
,Ad.;' MdIf.e Services DMsicn
Purthasing
Immigration Law Affidavit Certification
10K
Solicitation # and Title: 11-5563 Wiggins Pass Maintenance Dredging
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 I 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'slbidder'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-Verifv proaram,
shall deem the Vendor I Bidder's proposal as non-responsive. Documentation of these reauirements will
not be accepted after the bid I proposal deadline date.
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 ate) 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 I Bidder's proposal.
Company Name
Southwind Construction Corp
Print Name
Donald Seibert
eJ~/ L~
Title
CEO
Signature
Date
1/4/11
State of I nd; ana
County of VanderburQh
The foregoing instrument was signed and acknowledged before me this 4th day of January
20~,by
Donald Seibert
who has produced
Or;vers Ucense 8921269721 as identification.
(Type of Identification and Number)
(Print or Type Name)
S6<>\.,-,>~ ~OMJ\"hr
Notary Public Sig&re
Beverly Hensley
Printed Name of Notary Public
567827 / 8/12/2015
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.
GC-P-8
10K
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date, The undersigned further agrees to substantially complete all work
covered by this Bid within thirty (30) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to the
point of final acceptance by the Owner within fifteen (15) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day
of such period but in any event not later than April 30, 2011.
Respectfully Submitted:
State of I ndi ana
COU nty of Vanderburgh
Donald Seibert , being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
Donald Seibert , 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.
(a) Corporation
The Bidder is a corporation organized and
Indiana which operates
Southwind Construction Corp
as follows:
existing under the laws of the State of
under the legal name of
, and the full names of its officers are
GC-P-9
CEO
Donald Seibert
lOK
President
Stephen Bassett
Secretary
Thomas Barnes
Treasurer
Thomas Barnes
Manager
Darrell Stewart
The
contracts
CEO
for
the
company
is authorized to sign construction bids and
by action of its Board of Directors taken
,4lC~~~llJIlIxlll()lf4!lm&'(~~j(~~1l;
lasf~~#ltm~l!>'Iltlratll~x
(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
, and if
DATED January 4, 2011
Southwind Construction Corp
legal entity
~ Ax'u~u.ff
Witness
...&~...~/
Wlfrt'ess '
BY:
Donald Seibert
CEO
Title
GC-P-10
STATE OF Indiana
10K
COUNTY OF Vanrlprh"rgh
The foregoing instrument was acknowledged before me this --.ll!L day of Ja""ary , 201P., 2011
by l1o"a1 rl <pi hprt- as CEO of
So"t-hwinrl rn"<t-r"rHnn rnrp , a Indiana corporation, on behalf of the
corporation. He/~ is personally known to me or has produced
as identification and did
(did not) take an oath.
NAME:
"~~ ~.~~" V
(Signature of ry)
Beverly Hensley
(Legibly Printed)
My Commission Expires: August 12. 2015
(AFFIX OFFICIAL SEAL)
Notary Public, State of IN
Commission No.: 567827
GC-P-l1
THIS SHEET MUST BE SIGNED BY VENDOR
lOK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive lilerature, etc. have been included,
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trl E
Naples FL 34112
12. The mailing envelope must be sealed and marked with:
<:>Bid Number;11-5633
<:>Project Name; Wiggins Pass Maintenance Dredging
<:>Opening Date. 1/6/10
13, The Bid will be mailed or delivered in time to be received no later than the specified
oDeninq 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
rp
c (~c7
GC-P-14
Related License Information
Page I of 1
Licensee
Name:
~
1 OJ(
Rank:
Primary Status:
BASSElT, STEPHEN L
Certified General Contractor
Current
License Number: 1505210
License Expiration Date: 08/31/2012
Original License Date: 02/06/2003
Secondary Status: Active
Related License Information
. . Relation
LNicenbse Status Related Party Relationship Effective Rank Expiration
um er Type Date Date
24228 Current SOUTHWIND CONSTRUCTION CORP Primary 02/06/2003 Construction 08/31/2011
Qualifying Business
Agent for Information
Business
https://www.myfloridalicense.com/relationList.asp?record _ cnt= 1 &LicId=932 I 96&Lnam... 12/16/20 I 0
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Employment Eligibility Verification
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Welcome
Beverly Hensley
Company Information
Company Name:
Southwmd Construction Corp
Company ID Number:
Doing Business As (DBA)
Name:
DUNS Number:
165725
Physical Location:
Address 1:
Address 2:
City:
State:
Zip Code:
County:
14649 Hwy41 North, Ste 100
Evansville
IN
47725
VANDERBURGH
Additional Information:
Employer Identification Number: 351474620
Total Number of Employees: 20 to 99
Parent Organization: Southwind Holdings Corp
Administrator:
Organization Designation:
Employer Category: None of these categories apply
UserlD
BHEN1602
Mailing Address:
Address 1:
Address 2:
City:
State:
Zip Code:
NAICS Code:
237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION
Total Hiring Sites:
Total Points of Contact: 1
us Department of Homeland Security - lII'WW.dhs.gov US Citizenship and Immigration Ser'"ces. www.uscisgov
https:/ 1 e- verifY, uscis. gov 1 emp/Employer W izard.aspx
Page 1 of 1
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12128/2010
PRE-BID INFORMATION
10K
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award; therefore, be specific.
Hydraulic Dredge & Pipeline
See attached schedule
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?
)
14"
5,000 cy
1 Month and 8 days
C. What size and type of equipment will you used on this project, to include scows,
boosters, cranes, barges, etc.? What equipment will you purchase or rent for the proposed
work?
No equipment will be rented
D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
10K
Mike Will - see attached resume
Richard Lassen - see attached resume
Mike Lynn - See Attached Resume
E, List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
Job - Stump Pass, FL - Owner, Charlotte County, FL - $3,763,066- Completion date April, 2011
Job - Salt Pond, Hampton, Virginia
- Owner 0 City of Hampton, -$286,691 - Completion date
2/1/2011
F.
Will you sublet any part of this work? If so, give details.
)
No
G.
What is the last dredging project of this nature that you have completed?
Pinel1as County - Long Key & Treasure Island - FL
H. Have you ever failed to complete work awarded to you: If so, where and why?
No
101(
I. Is the dredge to be used for the proposed work certified for open ocean dredging by the
American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
Certification not required for this project because this site ;s not outside the boundary
line. The boundary l;ne extends from Marquesas Key, FL to Reo Grande, IX.
J. List experience with Gulf/open ocean ebb channel (shoal) dredging.
Job - Ft Myers Beach Restoration Project
Job - Long Key and Treasure Island, FL
K. Name three individuals or corporations for which you have performed work and their
contact information as references.
Mike Lvons - US Armv Corp of Enq - Jacksonville Dist. 904-232-3818
Mike Poff - Coastal Engineering Consultants - 941-643-2324
Jim Gunn
Greg Cardy - Coastal Design & Consultants - 804-693-4158
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
Signature of Bidder rO/.~/..L~
By Dona 1 d Se; bert
Name
Business Address
14649 Hwy 41 North, Ste 100
Evansville, IN 47725
Incorporated under the laws of the State of I nd; ana
lDK
Co~ County
-~ -
Administrative Services Division
Purd1asing
Email: @colliergov.net
Telephone: (239)
FAX: (239)
ADDENDUM Number
Memorandum
Date:
December 30, 2010
From:
Scott Johnson
Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 1
Solicitation # and Title 11-5633 Wiggins Pass Maintenance Dredging
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
1. Draft Order for Permit
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
SOI~tion. ,/ / ~
(y~ ~' 12-30-2010
(Signature) Date
Southwind Construction Corp
(Name of Firm)
Addendum T em plate
Revised: 4/15/10
1
10K
-;;:::~~r;-..
',_l~_
SOUTHWIND
CONSTRUCTION
T.echnoJ.oey &. E><pe_ncoo W'_"Il To....th~r
MICHAEL L. WILL
Mr. Will has many years experience with a wide range of dredging and dewatering
projects. His experience includes Project Supervision as well as direct personnel
supervision. As Supervisor, Mr. Will has been responsible for scheduling, quality,
equipment maintenance, manpower and safety. In addition to his dredging
experience, he has many man hours in site work and heavy equipment operation.
REPRESENTATIVE EXPERIENCE
Supervisor for Channel Relocation for Mason Inlet, Wilmington, NC - 517,372 CY.
Supervisor for Maintenance Dredging for Corps of Engineers - Norfolk District - Waterways
on the Coast of Virginia , 177.072 CY.
Supervisor for Maintenance Dredging for Corps of Engineers - Baltimore District - Honga
River - 270,747 CY
Supervisor for dredging for Corps of Engineers - Norfolk District - Horn Harbor, 21,836 CY.
Supervisor for dredging for Apple Canyon, Apple River, 11.
Supervisor for dredging for Indianapolis Power & Light, Petersburg, IN. - 1,000,000 CY.
Supervisor for Toyota Gibson Co. Plant, Princeton, IN. - Site Preparation $15,000,000 Project
Supervisor for Hoosier Energy Merom Power Plant, Merom, Indiana.
Foreman 2nd shift Pelucia Creek, Greenwood, MS - $4,500,000 Project
Supervisor 14" dredge for City of Decatur, Illinois dredging Decatur Lake Basin #5
approximately 2,1 million yards,
Supervisor 16" dredge for Alcoa, Warrick County dredging approximately I million CY.
Supervisor for Louisville Gas & Electric Trimble County Power Plant, replaced clay liners
on ash pond.
MICHAEL L. WILL
Page 2
lDK
Supervisor for Waste Management, Louisville, Kentucky.
Laborer/Operator Experience
. Foreman and Operator of 14" Dredge at Watertown Marina, Cincinnati, OH.
. Worked on 10" Dredge as Engineer 2nd shift for Power Co. near Charlottesville, VA
. Operated Scraper and Bull Dozer at Peabody Coal Co. Mine in Marissa, IL
. Operated Scraper and Dozer 2nd shift at Vigo Coal Mine in Boonville, IN, Worked
with reclamation of strip mine,
. Operator on Slurry Cell at Amax Coal in Boonville, IN
. Operator at Old Ben Mine 21, 24 and 25. Built three Slurry Cells near Benton, IL
. Operated Dozer on mine reclamation near Harrisburg, IL
. Operated 14" Dredge for Army Corps Engineer at Lake of Springfield, Springfield,
IL.
. Operated 10 inch Dredge and Foreman at Inland Marina, Evansville, IN
. Laborer at Old Ben Coal Mine, Morganfield, KY and Amax Coal Company,
Harrisburg, IL
. Operated 14" dredge for Alcoa, Warrick County.
. Operated 14" dredge for TV A, Chattanooga, Tennessee and Dayton Power & Light
in Cincinnati, Ohio.
PROFESSIONAL TRAINING
. Construction Quality Management for Contractors
. 30-hour OSHA Construction Safety
. Hazwoper - 40 Hour
. CPR
. Hazcom
. First Aid
EDUCATION
Oakland City College, Oakland City, IN - Graduate
/:~'-----..
,. . .. .
"''- . .. . .;./
~--
SOUTHWIND
lOil
CONSTRUCTlON
TedinolorY&~WgrltinfTorether
RICHARD LASSEN
South wind Construction
Mr. Lassen has over thirty-five years experience with private and public sector
dredging, dewatering, and site work projects ranging from hands-on heavy equipment
operation to, Quality Control Management, Site Safety Health Officer & as a Site
Superintendent.
REPRESENTATIVE EXPERIENCE
Currently assigned duty of Site Safety and Health Officer (SSHO) for the Fort Myers Beach
Harbor l2-Foot Project, in Lee County, Florida.
Mr. Lassen recently served as the Health and Safety Officer and as the Quality Control
Systems Manager on the Jupiter Inlet project in Jupiter, Florida, In addition, along with this
project he previously managed two concurrent projects with the USACE Baltimore District
in Chesapeake Bay. These projects included Honga River and Herring Bay. He also
managed the Lake Montauk project out of the USACE New York District. Mr. Lassen's
responsibilities include implementation and assurance of all Quality Control and Site Safety
& Health requirements. The responsibility for these two projects included scheduling,
preparatory and initial phase checklists, equipment safety checklist, daily safety and health
inspections, mishap investigations, implement and enforce accepted APP's and AHA's,
maintain deficiencies tracking system, ensure sub contractor compliance, environmental
assessments, effluent compliance sampling/logging, and daily quality control report
submittal.
Directed activities of workers concerned with dredging and dewatering projects by
performing the following duties personally.
Planned production operations. Established priorities and sequences for dredging,
dewatering and site work projects.
Prepared operational schedule and coordinated dredging and dewatering activities to
ensure production, quality services and environmental compliance.
Reviewed production and operating reports and resolved operation, and maintenance
problems to ensure minimum costs and prevent operational delays.
Inspected machines and equipment to ensure specific operational performance and
optimum utilization.
Developed and/or revised standard operational and working practices and observed
workers to ensure compliance with standards including environmental compliance.
R. Lassen
Page 2
lOK
Evaluated specifications to plan procedure for a project on the basis of starting and
completion times and staffing requirements for each phase of the projects.
Responsible for turbidity monitoring and environmental compliance on various
government projects.
Ordered procurement of tools and materials to be delivered at specified times to conform
to work schedules,
Conferred with subcontractors engaged in planning and executing work procedures,
interpreting specifications and coordinating various phases of construction to prevent delays.
Inspected work in progress to ensure that workmanship conformed to specifications,
environmental guidelines and production schedules.
. Experience with related equipment includes:
. Welding
. Fitting
. Tugs
. Cranes
. Dozers (and various other types of heavy equipment)
Experience with Hydraulic Dredging Projects including: (partial List)
Quality Control Manager/SSHO, Jupiter Inlet, Jupiter, Florida, Inlet District 2009
Quality Control Manager/SSHO, Honga River, USACE Baltimore District 2009
Quality Control Manager/SSHO, Herring Bay, USACE Baltimore District 2009
Quality Control Manager/SSHO, Lake Montauk, USACE New York District 2008
Supervisor at Jeremy Creek South Carolina, USACE Charleston District 2008
Supervisor at V olusia County Florida, USACE Jacksonville District 2008
Supervisor at Dismal Swamp Virginia, USACE Norfolk District 2008
Supervisor at Matanzas Inlet Florida, USACE Jacksonville District 2007
Supervisor/SSHO, Cape Lookout Nat. Sea Shore, USACE Wilmington District 2006
Supervisor at Chesterfield Station, Chester, V A 2005
Supervisor at Alcoa Warrick Operations, IN 2004, 2005 and 2006
Supervisor/SSHO, Scarborough River in Maine, USACE New England District 2004
Supervisor at Beckjord Station, Cincinnati Gas & Electric, New Richmond, IN 2003
Supervisor at Bremo Bluff, Dominion Generation, Glenn Allen, V A 2003
ACIDEVEMENTS AND TRAINING
. First Aid
. CPR
. Hazwoper Waste Training (8 Hour Refresher Course)
. Supervisor Training
. OSHA (10 Hour Construction)
. Association of Reciprocal Safety Councils, Inc. Training
. USACE Construction Quality Management Training for Contractors
R. Lassen
Page 2
IOK
Mr. Lassen is considered to be a COMPETENT PERSON he capable of
identifying existing hazards and predictable hazards. He has the authority to
eliminate the hazards and stop the project at any time when life, equipment and
property are in harm's way. His knowledge, skills and abilities allow him to be
proactive before, during and after the projects. Mr. Lassen's training, education
and experiences has been instrumental in providing and creating a safe and
healthy environment for the employees to work.
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1011
BID BOND
KNOW All MEN BY THESE PRESENTS, that we Southwind Construction Corp.
(herein after called the Principal) and
, Fidelity and Deposit Company of Maryland I
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Maryland with its principal offices in the city of Bal timore
and authorized to do business in the State of . Florida
firmly bound unto the Collier County
(hereinafter called the Owner),
are held and
in the full and just sum of
d II ($5% of the base bid Plus)
five percent of thp. hrl~p hiel pl11~ :::Ill ;:ulri .<llto::,,...n.<lt",,,,, 0 ars ;111 ::lrlrl ,qlro::>rn::lrt:>"
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 Maintenance Dredging
Bid No. 11-5633
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 ~ertificates of i!1sur~n~ei if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ 5 ad~f aI~~r~~~~s b,d Pnofe~ 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.
GC-P-12
1 Ut\
I
.
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this 5th day of January , 20 1 lil:. 1
Principal
BY
~~
Fidelity and Deposit Company of MarYland
{~/
(Seal)
Surety
(Seal)
STATE OF INDIANA
County of Marion
1
i
On this....2!!L day of January 2011, before the subscriber, a Notary Public of the State ofIndiana, in
and for the County of Boone, duly commissioned and qualified, came Keith Corder. Attorney-In-Fact ofthe Fidelity
and Deposit Company of Maryland, to me personally known to be the individual described in, and who executed the
preceding and foregoing instrument, and acknowledged the execution of the same, and being by me duly sworn,
deposed and says that he/she is the said Attorney-In-Fact for the Company aforesaid, and that the seal affixed to the
foregoing instrument is the corporate seal of said Company and that said corporate seal and his/her signature were
duly affixed and subscribed to the said instrument by the authoriry and direction of the said Company.
In Witness Whereof, I have hereunto set my hand affixed my official seal this day and year first above written.
Commission Exnires: 06-17-2018 L~J... t1./ 4 em,..., ( PI"? ~
Stacy McClaifU, Notary Public
,
GC-P-13
10il
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the BY-LaW~Ofsaid l'\~y, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d I~ereby nominate,
constitute and appoint M. L. DANIEL, Sheri A. LOWDEN, Keith CO r.iI! C E, all of
Indianapolis, Indiana, EACH its true and lawful agent and -' - , \\l;r; ell ~ 0 d deliver, for, and on
its behalf as surety, and as its act and deed: any and- n e xecution of such bonds or
undertakings in pursuance of these prese ~I~O . in~\'II~ ' as fully and amply, to all intents and
purposes, as if they had been d IT t IWa 0 ~ WhlHVgularly elected officers of the Company at its office
in Baltimore, Md., ~~p ~ns;}fiG\ attorney revokes that issued on behalf ofM. L. DANIEL,
Sheri A. LOWDENVf~ctr~~INE, dated October 18,2010.
The said Assistant ~~lJle'rl,~' certifY that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-L~didCompany, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of
November, A.D. 2010.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By:
Gregory E. Murray Assistant Secretary Frank E. Martin Jr.
Vice President
State of Maryland } ss:
City of Baltimore
On this 30th day of November, A,D. 20 I 0, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuats
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 2011
POA-F 044-0258C
CONSTRUCTION AGREEMENT
10K
1
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, ("Owner") hereby contracts with Southwind Construction Corporation
("Contractor") of Indiana, a Corportation,authorized to do business in the State of
Florida, to perform all work ("Work") in connection with Wiggins Pass Maintenance
Dredging Project, Bid No. 11-5633("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 (allof said documents
including the Agreement sometimes being referred to herein as the "Contract
Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A
copy of the Contract Documents shall be maintained by Contractor at the Project site at
all times during the performance of the Work.
B. Owner shall furnish to the Contractor one reproducible set of the Contract
Documents and the appropriate number of sets of the Construction Documents, signed
and sealed by the Design Professional, as are reasonably necessary for permitting.
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, supervision, financing, labor,
materials, tools, fuel, supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and
workmanlike manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this
Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or
cause to be paid, to Contractor the following amount (herein "Contract Amount"), in
accordance with the terms of this Agreement: [Seven Hundred Fifty Thousand Dollars]
750,000.00
GC-CA-1
J.OK
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
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.aov/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 Liauidated Damaaes.
A. Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be
issued by the Project Manager, as hereinafter defined. Contractor shall commence the
Work within five (5) calendar days from the Commencement Date. No Work shall be
performed at the Project site prior to the Commencement Date. Any Work performed by
Contractor prior to the Commencement Date shall be at the sole risk of Contractor.
Contractor shall achieve Substantial Completion within thirty (30) calendar days from
the Commencement Date (herein "Contract Time"). The date of Substantial Completion
of the Work (or designated portions thereof) is the date certified by the Design
Professional when construction is sufficiently complete, in accordance with the Contract
Documents, so Owner can occupy or utilize the Work (or designated portions thereof)
for the use for which it is intended. Contractor shall achieve Final Completion within
fifteen (15) calendar days after the date of Substantial Completion but in any event not
later than April 30, 2011. 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
GC-CA-2
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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. Six Thousand seven
hundred fifty dollars and eleven cents ($6,750.11) for each calendar day thereafter
until Substantial Completion is achieved. Further, in the event Substantial Completion
is 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
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.
GC-CA-3
10h
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.
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:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Section 7. Notices
Performance and Payment Bond Forms
Insurance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
Change Order Form
Certificate of Substantial Completion Form
Final Payment Checklist
General Terms and Conditions
Supplemental Terms and Conditions
Technical Specifications
Permits
Standard Details (if applicable)
Plans and Specifications prepared by Coastal Planning &
Engineering
and identified as follows: Wiggins Pass Maintenance Dredging
as shown on Plan Sheets 1 through 5.
Contractor's List of Key Personnel
A. All notices required or made pursuant to this Agreement by the Contractor to the
Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or
Facsimile, addressed to the following:
J. Gary McAlpin, Director
Collier County Coastal Zone Management Department
GC-CA-4
1. OJ(
3299 Tamiami Trail East; Suite 103
Naples, FL 34112
Tel: 239/252-2966
Fax: 239/252-2950
Email: GaryMcAlpin@colliergov.net
B. All notices required or made pursuant to this Agreement by Owner to Contractor
shall be made in writing and shall be deemed duly served if delivered by U.S, Mail, E-
mail or Facsimile, addressed to the following:
Donald Seibert, CEO
Southwind Construction Corporation
14649 Hwy 41 North
Suite 100
Evansville, Indiana 47725
Tele: 812-867-7220
Fax: 812-867-4477
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 Assians.
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.
GC-CA-5
10K
Section 11. Governina Law.
The Agreement shall be interpreted under and its performance governed by the laws of
the State of Florida.
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time anyone 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 AQreement.
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. Severabilitv.
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. ChanQe 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
GC-CA-6
10K
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.
****
GC-CA-7
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
date(s) indicated below.
CONTRACTOR:
TWO WITNESSES:
~.., ~~
FIRST WIT SS
Southwind Construction Company
By: ~(kW -b~:fl
Beverly Hensley
Type/Print Name
" j~- ~-.
~. ...oL~ -
SECOND WITNESS
Stephen Bassett~ President
Type/Print Name and Title
Darrell Stewart
Type/Print Name
~~~:.~~l\L\ \'LO Ll
.A~ST: .
'.':
OWNER:
-~c.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA
'11--4_ Lv ~-1~
Fred W. Coyle, Chairman \.'
BY:
,.,',s>t."as to Chd lnll4n ,
i II/nature on"
Approv As To Form
and e al SUffiCierz L.
Pnn Name: SC TT R. TEACH
~ County Attorney
DEPUTY
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GC-CA-8
EXHIBIT A
PUBLIC PAYMENT BOND
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Wiggins Pass Maintenance Dredging
Bond No. 09023408
Contract No. 11-5633
KNOW ALL MEN BY THESE PRESENTS: That Southwind Construction Corp,
~4649 Highway 4~ North Evansville, IN 47725 , as Principal,
and Fi rip 1; ty ~'lr1 DP.Dosit Comnanv of Maryland I as
Surety, located at 9229 Delegates Row, Ste. 300 Indianapolis, IN 46240
(Business Address) are held and firmly bound to The Board of Countv Commissioners of Collier County
as Obligee in the sum of Seven Hundred FIfty Thousand and OO/~OO Dollars
($ 750.000.00 ) 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 25th day of
January 2011 , with Obligee for The Board of County Commissioners of Collier County
in Florirl" 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 28th
day of Januarv 201 ~, the name of each party being affixed and these presents
duly signed by its under-signed representative, pursuant to authority of its governing
body.
GC-CA-A-1
Signed, sealed and delivered
in the presence of:
J.DK
PRINCIPAL
~~,
C\..... ~t\O~ C:. ~___*
Witnesses as to Principal
Southwind Construction Corp.
BY:
NAME:
ITS:
U~,~~:/
Donald _ Selbert
CEO
STATE OF
COUNTY OF
Indiana
Vanderburgh
The foregoing instrument was acknowledged before me this 31 day of January
20~, by Donald J. Seibert , as CEO of
Southwind Construction Corp ,a IN corporation, on behalf of the
corporation. He/she is personally knovv~ to me OR has produced as
identification and did (did not) take an oa h.
NAME:
~n~.~~ .NU>~
(Signature otary) &
Beverly Hensley
My Commission Expires:
8/12/2015
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commission No.: 567827
Indiana
ATTEST:
SURETY:
Fidelity and Deposit Company of Maryland
(Printed Name)
9229 Delegates Row, Ste. 300
Indianapolis. IN 46240
(Business Address
cf/q~~ .
(Authorized Signature) Attorney-cn-Faet
b:/Vt~v
Witness to Surety Stacy HeClacne
Keith Corder
(Printed Name)
GC-CA-A-2
OR
i.Ui(
As Attorney in Fact
(Attach Power of Attorney)
~
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF Indiana
COUNTY OF Marion
The foregoing instrument was
January , 2011, by
Attorney-in-Fact
acknowledged before me this 28th
Keith Corder
of Fidelity and Deposit Company of Maryland
day of
, as
take an oath.
Surety, on behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not)
My Commission Expires:
06 -17 - 2018
. -Dro..~ c.rn,~~
(Signatur
Name: Stacy McClaine
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Indiana
Commission No.: 618974
GC-CA-A-3
lOK
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President. and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the BY-Law. of said l'\WlI1y, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d 1~.Js'hereby nominate,
constitute and appoint M. L. DANIEL, Sheri A. LOWDEN, Keith CO raftIt C E, all of
Indianapolis, Indiana, EACH its true and lawful agent and '-' - t\lni '" ~ 0 d deliver, for, and on
its behalf as surety, and as its act and deed: any an c> S "n!~~ xecution of such bonds or
undertakings in pursuance of these prese rthJil~i!- . in~~~a~?lpany, as fully and amply, to all intents and
purposes, as if they had been d \'l' t i'ahd>a ~ ~6Dlhl.-r'dgularly elected officers of the Company at its office
in Baltimore, Md" ~p pe~ns::Jfhrs.\ \~ attorney revokes that issued on behalf ofM. L. DANIEL,
Sheri A. LOWDEN)Ji"~~~~~~INE, dated October 18,2010.
The said Assistant ~~s ~e~ certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Uw's'-Of'slud Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 30th day of
November, A.D. 2010.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:
Gregory E. Murray Assistant Secretary Frank E. Martin Jr.
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Vice President
State of Maryland }ss'
City of Baltimore .
On this 30th day of November, A,D. 2010, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith. that they are the said officers of the Company
aforesaid, and that the seat affIXed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
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Constance A. Dunn Notary Public
My Commission Expires: July 14, 20 II
POA,F 044-0258C
EXHIBIT A
PUBUCPERFORMANCEBOND
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Wiggins Pass Maintenance Dredging
Bond No.09023408
Contract No. 11-5633
KNOW ALL MEN BY THESE PRESENTS: That Southwind Construction Corp.
, as Principal, and Fidelity and Deposit Company
of Haryland as Surety, located al
9229 Dele~ates Row Ste. lOO
(Business Address)
Indianavolis. IN 46240
are held
and
firmly bound to
, as Obligee in the sum of
The Board of County Commissioners of Collier County, Florida
Seven Hundred Fifty Thousand and 00/100 Dollars
($ 750,000.00 ) 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 25th
January 201~ with Obligee
day of
for
Wiggins Pass Maintenance Dredging
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.
GC-CA-A-4
10K
~.
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 28th
day of January , 20h, 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:
~~
C"\... ~N'J -..c: . ~: ~
Witnesses as to Principal
PRINCIPAL
Southwind Construction Corp.
BY: crp~&d / 4s
/
NAME:
ITS:
Donald J. Seibert
CEO
STATE OF Ind;ana
COUNTY OF Vanderburgh
The foregoing instrument was acknowledged before me this JL- day of
January , 2011', by Donald J. Se;bert , as
CEO of Southwind Construction Corp a
Ind;ana corporation, on behalf of the corporation. He/she is
personallv known to me OR has produced
as identification and did (did not) take an oath.
My Commission Expires:
8/12/2015
~M~~ ~~NJ.<h.r
(Signature)
Name: Beverly Hensley
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: 'n";,n>
Commission No.: 567827
GC-CA-A-5
ATTEST:
SURETY:
lDK
Fidelity and Deposit Company of MarYland
(Printed Name)
9229 Delegates Row. Ste. 300
Indianapolis. IN 46240
(Business Address)
uthorized SignaturejAttorney in-Fact
~~lC~
Witnesses s to Surety
Stacy McClaine
!(eith Corder
(Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses
(Printed Name)
(Business Address)
(Telephone Number)
STATE OF Indiana
COUNTY OF Marion
The foregoing instrument was acknowledged before me this ....2.a.tIL day of
January I 201 'I, by Keith Corder I as Attorney-in-Fact
of Fidelity and Deposit Company of Maryla9da 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:
06-17-2018
,~4f\c~.
(Signature
Name: Stacy McClaine
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of: Indiana
Commission No.: 618974
GC-CA-A-6
10K
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by FRANK E. MARTIN JR., Vice President. and GREGORY E. MURRAY, Assistant
Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of sa,id ~\'\l1, ~ny, which are set forth on
the reverse side hereof and are hereby certified to be in full force and effect on the d3!<\ ~f29Qe:s--hereby nominate,
constitute and appoint M. L. DANIEL, Sheri A. LOWDEN, Keith C9~\:llIit S.~MC~I,,-Nl:NE, all of
Indianapolis, Indiana, EACH its true and lawful agent and-.rt,:t~~~",elI:R5..",,-~nd deliver, for, and on
its behalf as surety, and as its act and deed: any apd-o s ,~n P\\'!~' ~ill-execution of such bonds or
undertakings in pursuance ofthese presents\'illJll'6.i~ in!;'flI~~1LQJ'n\p.;;;y~ as fully and amply. to all intents and
purposes, as iflbey had been dulyj~~\!tj)'aJ\d>ai:knl'~r("llS\!jyJhe-re6'1Jlarly elected officers of the Company at its office
in Baltimore, Md" iI';,~~prdp\;;1>~ns:;Jt~~~MatlOmey revokes that issued on behalf ofM. L. DANIEL,
Shen A. LOWDEN,\~emr)ttlRDE.R;\S1llQji,MmAINE, dated October 18, 2010.
The said Assistant ~~~~lJle~~-;:ertifY lbat lbe extract set forth on lbe reverse side hereof is a true copy of Article VI,
Section 2. of the By.L~s\Qf'said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed lbeir names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. this 30th day of
November. AD. 2010.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
C'f"~,'''l.'
. ,f \ I_~
I" ,I t I
/,~7/I!(. /"j;U ,r 1
'.><'- ,! //
By:
Gregory E. Murray Assistant Secretary Frank E. Martin Jr.
Vice President
State of Maryland }ss:
City of Baltimore
On this 30th day of November, A.D. 20 I 0, before the subscriber. a Notary Public of the State of Maryland, duly
commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be lbe individuals
and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that lbe seal affixed to lbe preceding instrument is the Corporate Seal of said Company, and that lbe said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
,\\\\\1""1/1,
rf{:~:;,~:,:Y;:~~.
JI",,,I\\
/-.,
;' ,
l__0""r <--)'_r:J-.e./J"
/~JJj/(\,r---
Constance A. Dunn Notary Public
My Commission Expires: July 14.201 I
POA-F 044-025BC
--,_._,_._-_.~._----.~._--'_..
10K
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature ofmortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued hy the Company, shall be valid and
hinding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscrihed my name and aftixed the corporate seal of the said Company.
this 28th
,___ day of ___ Jam~~'~L___
2011
L ;J~ 13r~+
Assistant Secretary
EXHIBIT B
INSURANCE REQUIREMENTS
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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 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.
Coverage~ 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 andlor 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 coverage~ required herein, the County may
terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage~ and charge
the Vendor for such coverage~ 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
GC-CA-C-1
lDK
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 coverageru purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverageru 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.
GC-CA-C-2
Insurance I Bond Type
1. ~ Worker's
Compensation
2. ~ Employer's Liability
3. ~ Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4. ~ Indemnification
4. ~ Automobile Liability
lOK
t.,.
Collier County Florida
Insurance and Bonding Requirements
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$1,000,000 single limit per occurrence
Bodily Injury and Property Damage
$2,000,000 single limit per occurrence
To the maximum extent permitted by Florida law, the
ContractorNendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the ContractorNendor/Consultant or anyone
employed or utilized by the ContractorNendor/Consultant in the performance
of this Agreement. This indemnification obligation shall not be construed to
negate, abridge or reduce any other rights or remedies which otherwise may
be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence
of Collier County.
$ 1.000000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ~ Other insurance as ~ Watercraft
noted:
$ 1,000,000 Per Occurrence
~ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ 1,000,000 Per Occurrence
~ Maritime Coverage (Jones Act) shall be maintained where applicable to
the completion of the work.
$ 1,000,000 Per Occurrence
o Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
o Pollution
$
$
Per Occurrence
Per Occurrence
o Professional Liability $
. $ 500,000 each claim and in the aggregate
. $1,000,000 each claim and in the aggregate
. $2,000,000 each claim and in the aggregate
Per Occurrence
o Project Professional Liability
o Valuable Papers Insurance
$
$
Per Occurrence
Per Occurrence
GC-CA-C-3
10K
6. [81 Bid bond
Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable ietter 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. [81 Performance and
Payment Bonds
For projects in excess of $200,000, bonds shall be submitted with the
executed contract by Proposers receiving award. and written for 100% of the
Contract award amount, the cost bome by the Proposer receiving an award,
The Performance and Payment Bonds shali 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 shali 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 shali 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 Uabiiity where required.
1 O. ~ The Certificate Holder shali be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Airport
Authority or Collier MPO)
11. ~ Thirty (30) Days Cancellation Notice required.
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurabiiity may be
required within five (5) days of the award of this solicitation,
Name of Firm
Date
Vendor Signature
Print Name
Insurance Agency
Vo..r\ "^ e. kr-InsuV'Ct nee
C-hn'~ 0W€..e.N.1
Telephone Number QliD-loB'irSS81
Agent Name
GC-CA-C-4
~ 10K
ACORD"
~ CERTIFICATE OF LIABILITY INSURANCE 01/27/11
THIS CERTIFICATE IS ISSIJEO AS A MATlER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S). AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the tenns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate bolder In lieu of 8uch andonseme a.
PROOUCER 270-781-2020 '"
Van Meier lnourance Group 0 "'3 0808 PHONE
1240 FelrWey St POBox 1n9 27 ..... ~
Bowling Green, KY 42103
VMI-5WEENEYIWISE
:ME
AIC No:
SOUTC04
INSURED
SOUTHWlND CONSTRUCTION CORP
SOUTHWlND EQUIPMENT LEASING
SOUTHWIND HOLDING CORP
14649 HWV 41 N STE 100
EVANSVlLLE,IN47725
S AFFORDING COVERAGE
INSURER A :As n S Insurance
INSUR'R. ,TRAVELERS PROPERTY & CASUALTY
INSUR.. c , Hartford Com anies
INSURER 0 , Great American
INSURER E dNTERST ATE FIRE AND CASUAL TV
HAle'
10717
27998
22357
26832
COVERAGES CERTIFICATE NIIMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE lISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF />NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POliCIES. LIMITS SHOWN MAY HAVE BEEN __ E'
1t'lJ!l TYPE OF INSURANCE POlICY NUMBER UNITS
GENERAL UABlLITY t]:rRRENCE $ 1,000,001
-
A X COMMERCIAL GENERAl lIABILITY X CR1184209 04t01/10 04101/11 $ 100,001
I CLAIMS-MADE [!] OCCUR MED EXP {Anv one oersonl $ 10,001
- PERSONAL & MJV INJURY . 1,000,001
- GENERAL AGGREGATE . 2,000,001
~'LAGG~m LIMIT APnS,PER: PRODUCTS. COMP/OP AGG $ 2,000,001
POLlCY X~.Q; LOC .
AUTOMOBILE UABtUTY COMBINED SINGLE LIMIT $ 1,000.00
e- (Ell. accident)
B ~ ANY AlITa BA-7233P961-10-0CN 04/01/10 04101/11
BODILY INJURY {Per person} .
e- All OWNED AUTOS BODILY INJURY (Per accident) $
e- SCHEDULED AUTOS PROPERTY DAMAGE
$
~ HIREO AUTOS (Per accident)
~ NON-OWNED AUTOS $
X Hired Car Phy. Do .
e- UMBRELlA UAB ~ OCCUR EACH OCCURRENCE . 10,000,001
EXCESS UAB CLAIv15-MAOE AGGREGATE $ 10,000,001
D PFX82707159 04l01t10 04/01t11
e- DEDUCTIBLE S
X . 10000 $
WORKERS COMPENSA"RON X U~9 STATU.. I 10J;!'"
AND EMPLOYERS' lIABIUTY VIN ~IWE0B4296(ST ATE) 04/01/10 04/01/11 1,000,001
C ArN PROPRIETORIPARTNERlEXECUTlVE D E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? NIA 1,000,001
(Mandatory In NH) E.L. DISEASE -EAEMPlOVEE $
~ ~desaDe ~PERATlnN~ below E.L. DISEASE - POLlCY LIMIT . 1 000,001
D e..el Pollution OMH5881B8701 04/01t10 04/01t11 S.ooo,,,,,,,
B Protection & Indem IH01200231 04101/10 04101111 Limit 1.000.oat
DESClUPl10N OF OPERATIONS / LOCATIONS I VEHICLES (.6.ttach ACORD 101, Adclltlonlll Ramarka Schedule, If more apace Is requIred)
Re: Contract 11-6633 "Wlll,glnS Pass Maintenance Dredging p1!ecr' Collier -
County Board of Coun~ ommlssloners, OR, Board of ounty ommlesloners in
Collier Coun~, OR, Co ~rr County Govemmen~ OR Collier County{or Airport
AuthoritY. or oilier MPO are listed as sddltfonallnsured for any and all
CERTIFICATE HOLDER
CANCELLATION
COLLlE2
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE
Collier County, Fl THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
3327 Tamlami Trail East ACCORDANCE WITH THE POLICY PROVISIONS.
Naples, FL 34112-4901
AUTHORIZED REPRESENTAllVE
fiL- e ~~
,
ACORD 25 (2009/09)
@1988-2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
10K
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EXHIBIT C
RELEASE AND AFFIDAVIT FORM
COUNTY OF COLLIER
STATE OF FLORIDA)
Before me, the undersigned authority, personally appeared
who after being duly sworn, deposes and says:
(1) In accordance with the Contract Documents and in consideration of $ paid,
("Contractor") releases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort,
against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the
Agreement between Contractor and Owner dated 2010 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/finall Application for Payment No.
CONTRACTOR
BY:
ITS'
President
DATE:
Witnesses
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,2010, by
,as of , a
corporation, on behalf of the corporation. He/she is personally known to me or has produced
as identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of
Commissioner No.:
GC-CA-C-5
EXHIBIT 0
FORM OF CONTRACT APPLICATION FOR PAYMENT
JOK
Bid No.
Project No.
(County Project Manager)
(County Department)
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER)
Application Date
FROM:
(Contractor's Representative) Payment Application No,
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
%
%
Original Contract 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: $
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
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)
GC-CA-D-1
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EXHIBIT E
CHANGE ORDER
TO:
Project Name:
Bid No.:
Change Order No.:
FROM: Collier County Government
Construction Agreement Dated:
Date:
Change Order Description
Original Agreement Amount. ........... ............ ................ ..... ..............$
Sum of previous Change Orders Amount .......................................$
This Change Order Amount ...........................................................$
Revised Agreement Amount....,................,.............,...................,... $
Original Contract Time in calendar days
Adjusted number of calendar days due to previous Change Orders
This Change Order adjusted time is
Revised Contract Time in calendar days
Original Notice to Proceed Date
Completion date based on original Contract Time
Revised completion date
Contractor's acceptance of this Change Order shall constitute a modification to the Agreement
and will be performed subject to all the same terms and conditions as contained in the
Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor
arising out of, or related to, the change set forth herein, including claims for impact and delay
costs.
Prepared by: Date:
Project Manager
Recommended by: Date:
Design Professional
Accepted by: Date:
Contractor
Approved by: Date:
Department Director
Approved by: Date:
Division Administrator
Approved by: Date:
Purchasing Department
GC-CA-E-5
Authorized by
Director
(For use by Owner: Fund
Number: )
Cost Center:
Date:
GC-CA-E-6
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.j
Object Code:
Project
EXHIBIT F
CERTIFICATE OF SUBSTANTIAL COMPLETION
10K
OWNER'S Project No.
PROJECT
Design Professional's Project No.
CONTRACTOR
Contract For
Contract Date
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
following specified parts thereof:
To
OWNER
And
To
Substantial Completion is the state in the progress of the Work when the Work (or designated
portion) is sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has
been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the
requirements of the Contract Documents on:
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with the Contract Documents. The items in the tentative list shall be completed
or corrected by CONTRACTOR within days of the above date of Substantial Completion.
GC-CA-F-1
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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
,2010
Design Professional
By:
Type Name and Title
CONTRACTOR accepts this Certificate of Substantial Completion on
,2010
CONTRACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Substantial Completion on
,2010
OWNER
By:
Type Name and Title
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:;
EXHIBIT G
FINAL PAYMENT CHECKLIST
Bid No.:
Contractor:
Project No.:
Date:
,2010
The following items have been secured by the
for the Project known as
and have been reviewed and found to comply with the requirements of the Contract Documents.
Original Contract Amount:
Final Contract Amount:
Commencement Date:
Substantial Completion Time as set forth in the Agreement:
Actual Date of Substantial Completion:
Calendar Days.
Final Completion Time as set forth in the Agreement:
Actual Final Completion Date:
Calendar Days.
YES
NO
1. All Punch List items completed on
2. Warranties and Guarantees assigned to Owner (attach to this form).
3. Effective date of General one year warranty from Contractor is:
4. 2 copies of Operation and Maintenance manuals for equipment and
system submitted (list manuals in attachment to this form).
5. As-Built drawings obtained and dated:
6. Owner personnel trained on system and equipment operation.
7. Certificate of Occupancy No.: ~
issued on (attach to this form).
8. Certificate of Substantial Completion issued on
9. Final Payment Application and Affidavits received from Contractor on:
10. Consent of Surety received on
11. Operating Department personnel notified Project is in operating phase.
12. All Spare Parts or Special Tools provided to Owner:
13. Finished Floor Elevation Certificate provided to Owner:
14. Other:
If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach
explanation.
Acknowledgments:
(Company Name)
(Signature)
(Typed Name & Title)
By Contractor:
GC-CA-G-1
By Design
Professional:
By Owner:
10K
(Firm Name)
(Signature)
(Typed Name & Title)
(Department Name)
(Signature)
(Name & Title)
GC-CA-G-2
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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:
GC-CA-H-1
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those affecting transportation, access, disposal, handling and storage of materials;
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.
GC-CA-H-2
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3. SCHEDULE.
3,1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award,
shall prepare and submit to Project Manager, for their review and approval, a progress
schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall
relate to all Work required by the Contract Documents, and shall utilize the Critical Path
method of scheduling and shall provide for expeditious and practicable execution of the
Work within the Contract Time. The Progress Schedule shall indicate the dates for
starting and completing the various stages of the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule with its
monthly Applications for Payment noted below. The Project Manager's review and
approval of the submitted Progress Schedule updates shall be a condition precedent to
the Owner's obligation to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the
requirements of all Collier County Noise Ordinances then in effect. Unless otherwise
specified, work will generally be limited to the hours of 7:00 a.m, to 6:00 p.m., Monday
through Friday. 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.
GC-CA-H-3
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4.3 Contractor shall submit all Applications for Payment to Steve Keehan, Coastal
Planning & Engineering, located at 2481 N.W. 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
GC-CA-H-4
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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 AppJication 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.
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent
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
GC-CA-H-5
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issued and Owner may withhold any payments otherwise due Contractor under this
Agreement or any other agreement between Owner and Contractor, to such extent as
may be necessary in the Owner's opinion to protect it from loss because of:
(a) defective Work not remedied; (b) third party claims filed or reasonable evidence
indicating probable filing of such claims; (c) failure of Contractor to make payment
properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt
that the Work can be completed for the unpaid balance of the Contract Amount; (e)
reasonable indication that the Work will not be completed within the Contract Time; (f)
unsatisfactory prosecution of the Work by the Contractor; or (g) any other material
breach of the Contract Documents by Contractor.
5.2 If any conditions described in 5.1. are not remedied or removed, Owner may,
after three (3) days written notice, rectify the same at Contractor's expense. Provided,
however, in the event of an emergency, Owner shall not be required to provide
Contractor any written notice prior to rectifying the situation at Contractor's expense,
Owner also may offset against any sums due Contractor the amount of any liquidated or
non-liquidated obligations of Contractor to Owner, whether relating to or arising out of
this Agreement or any other agreement between Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not
limited to taxes or other fees) to Collier County and the contractor has not satisfied nor
made arrangement to satisfy these debts, the County reserves the right to off-set the
amount owed to the County by applying the amount owed to the vendor or contractor for
services performed of for materials delivered in
6. FINAL PAYMENT.
6.1 Owner shall make final payment to Contractor in accordance with Section
218.735, F,S. and the administrative procedures established by the County's
Purchasing Department and the Clerk of Court's Finance Department after the Work is
finally inspected and accepted by Project Manager as set forth with Section 20,1 herein,
provided that Contractor first, and as an explicit condition precedent to the accrual of
Contractor's right to final payment, shall have furnished Owner with a properly executed
and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly
executed copy of the Surety's consent to final payment and such other documentation
that may be required by the Contract Documents and the Owner. Prior to release of
final payment and final retainage, the Contractor's Representative and the Project
Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and
all claims by Contractor against Owner arising out of this Agreement or otherwise
relating to the Project, except those previously made in writing in accordance with the
requirements of the Contract Documents and identified by Contractor as unsettled in its
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
GC-CA-H-6
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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 equiprnent,
Contractor shall make application to the Project Manager for acceptance thereof,
certifying that the proposed substitute shall adequately perform the functions and
achieve the results called for by the general design, be similar and of equal substance
to that specified and be suited to the same use as that specified, The application shall
state that the evaluation and acceptance of the proposed substitute will not prejudice
Contractor's achievement of substantial completion on time, whether or not acceptance
of the substitute for use in the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct contract with Owner for the Project)
to adapt the design to the proposed substitute and whether or not incorporation or use
by the substitute in connection with the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that specified will be identified in
the application and available maintenance, repair and replacement service shall be
indicated. The application also shall contain an itemized estimate of all costs that will
result directly or indirectly from acceptance of such substitute, including costs for
redesign and claims of other contractors affected by the resulting change, all of which
shall be considered by the Project Manager in evaluating the proposed substitute. The
Project Manager may require Contractor to furnish at Contractor's expense additional
data about the proposed substitute.
7.4 If a specific means, method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction
acceptable to the Project Manager, if Contractor submits sufficient information to allow
GC-CA-H-7
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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-BUlL TS 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
personnel;
The hours of operation by Contractor's and Sub-Contractor's
8.1.4 The number of Contractor's and Sub-Contractor's personnel present
and working at the Project site, by subcontract and trade;
8.1.5 All equipment present at the Project site, description of equipment use
and designation of time equipment was used (specifically indicating any down time);
8.1,6 Description of Work being performed at the Project site;
8.1,7 Any unusual or special occurrences at the Project site;
8.1.8 Materials received at the Project site;
8,1.9 A list of all visitors to the Project
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8,1.10 Any problems that might impact either the cost or quality of the Work or
the time of performance.
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents,
8.2 Contractor shall maintain in a safe place at the Project site one record copy of
the Contract Documents. including, but not limited to, all drawings, specifications,
addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as
well as all written interpretations and clarifications issued by the Design Professional, in
good order and annotated to show all changes made during construction. The
annotated drawings shall be continuously updated by the Contractor throughout the
prosecution of the Work to accurately reflect all field changes that are made to adapt the
Work to field conditions, changes resulting from Change Orders, Work Directive
Changes and Field Orders, and all concealed and buried installations of piping, conduit
and utility services, All buried and concealed items, both inside and outside the Project
site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall
faces), The annotated drawings shall be clean and all changes, corrections and
dimensions shall be given in a neat and legible manner in a contrasting color. The
"As-Built" record documents, together with all approved samples and a counterpart of all
approved shop drawings shall be available to the Project Manager or Design
Professional for reference, Upon completion of the Work and as a condition precedent
to Contractor's entitlement to final payment, these "As-Built" record documents, samples
and shop drawings shall be delivered to Project Manager by Contractor for Owner.
8.3 Contractor shall keep all records and supporting documentation which concern or
relate to the Work hereunder for a minimum of five (5) years from the date of
termination of this Agreement or the date the Project is completed or such longer period
as may be required by law, whichever is later. Owner, or any duly authorized agents or
representatives of Owner, shall have the right to audit, inspect and copy all such
records and documentation as often as they deem necessary during the period of this
Agreement and during the document retention period noted above; provided, however,
such activity shall be conducted only during normal business hours.
9. CONTRACT TIME AND TIME EXTENSIONS.
9,1 Contractor shall diligently pursue the completion of the Work and coordinate the
Work being done on the Project by its subcontractors and material-men, as well as
coordinating its Work with all work of others at the Project Site, so that its Work or the
work of others shall not be delayed or impaired by any act or omission by Contractor.
Contractor shall be solely responsible for all construction means, methods, techniques,
sequences, and procedures, as well as coordination of all portions of the Work under
the Contract Documents, and the coordination of Owner's suppliers and contractors as
set forth in Paragraph 12.2. herein.
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9.2 Should Contractor be obstructed or delayed in the prosecution of or completion
of the Work as a result of unforeseeable causes beyond the control of Contractor, and
not due to its fault or neglect, including but not restricted to acts of Nature or of the
public enemy, acts of government, fires, floods, epidemics, quarantine regulation,
strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48)
hours after the commencement of such delay, stating the cause or causes thereof, or be
deemed to have waived any right which Contractor may have had to request a time
extension.
9.3 No interruption, interference, inefficiency, suspension or delay in the
commencement or progress of the Work from any cause whatever, including those for
which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty
to perform or give rise to any right to damages or additional compensation from Owner.
Contractor expressly acknowledges and agrees that it shall receive no damages for
delay. Contractor's sole remedy, if any, against Owner will be the right to seek an
extension to the Contract Time; provided, however, the granting of any such time
extension shall not be a condition precedent to the aforementioned "No Damage For
Delay" provision, This paragraph shall expressly apply to claims for early completion,
as well as to claims based on late completion.
9:4 In no event shall any approval by Owner authorizing Contractor to continue
performing Work under this Agreement or any payment issued by Owner to Contractor
be deemed a waiver of any right or claim Owner may have against Contractor for delay
damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the right at any time during the progress of the Work to
increase or decrease the Work. Promptly after being notified of a change, Contractor
shall submit an itemized estimate of any cost or time increases or savings it foresees as
a result of the change. Except in an emergency endangering life or property, or as
expressly set forth herein, no addition or changes to the Work shall be made except
upon written order of Owner, and Owner shall not be liable to the Contractor for any
increased compensation without such written order. No officer, employee or agent of
Owner is authorized to direct any extra or changed work orally. Any alleged changes
must be approved by Owner in writing prior to starting such items. Owner will not be
responsible for the costs of any changes commenced without Owner's express prior
written approval. Failure to obtain such prior written approval for any changes will be
deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by
Contractor that such items are in fact not a change but rather are part of the Work
required of Contractor hereunder.
10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be
issued and executed promptly after an agreement is reached between Contractor and
Owner concerning the requested changes. Contractor shall promptly perform changes
authorized by duly executed Change Orders. The Contract Amount and Contract Time
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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 H
sub-subcontractor for field and home office overhead is included in the markups noted
above. Contractor's and Sub-Contractor's bond costs associated with any change order
shall be included in the overhead and profit expenses and shall not be paid as a
separate line item, No markup shall be placed on sales tax, shipping or subcontractor
markup,
10.5 Owner shall have the right to conduct an audit of Contractor's books and records
to verify the accuracy of the Contractor's claim with respect to Contractor's costs
associated with any Change Order or Work Directive Change.
10.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time
and not inconsistent with the intent of the Contract Documents. Such changes may be
effected by Field Order or by other written order. Such changes shall be binding on the
Contractor.
10,7 Any modifications to this Contract shall be in compliance with the County
Purchasing Policy and Administrative Procedures in effect at the time such
modifications are authorized.
11. CLAIMS AND DISPUTES,
11,1 Claim is a demand or assertion by one of the parties seeking an adjustment or
interpretation of the terms of the Contract Documents, payment of money, extension of
time or other relief with respect to the terms of the Contract Documents. The term
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"Claim" also includes other disputes and matters in question between Owner and
Contractor arising out of or relating to the Contract Documents. The responsibility to
substantiate a Claim shall rest with the party making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within
forty-eight (48) hours from when the Contractor knew or should have known of the event
giving rise to such Claim or else the Contractor shall be deemed to have waived the
Claim, Written supporting data shall be submitted to the Project Manager within fifteen
(15) calendar days after the occurrence of the event, unless the Owner grants additional
time in writing, or else the Contractor shall be deemed to have waived the Claim, All
Claims shall be priced in accordance with the provisions of Subsection 10.4.
11.3 The Contractor shall proceed diligently with its performance as directed by the
Owner, regardless of any pending Claim, action, suit or administrative proceeding,
unless otherwise agreed to by the Owner in writing. Owner shall continue to make
payments in accordance with the Contract Documents during the pendency of any
Claim.
12. OTHER WORK.
. 12.1 Owner may perform other work related to the Project at the site by Owner's own
forces, have other work performed by utility owners or let other direct contracts. If the
fact that such other work is to be performed is not noted in the Contract Documents,
written notice thereof will be given to Contractor prior to starting any such other work. If
Contractor believes that such performance will involve additional expense to Contractor
or require additional time, Contractor shall send written notice of that fact to Owner and
Design Professional within forty-eight (48) hours of being notified of the other work, If
the Contractor fails to send the above required forty-eight (48) hour notice. the
Contractor will be deemed to have waived any rights it otherwise may have had to seek
an extension to the Contract Time or adjustment to the Contract Amount.
12.2 Contractor shall afford each utility owner and other contractor who is a party to
such a direct contract (or Owner, if Owner is performing the additional work with
Owner's employees) proper and safe access to the site and a reasonable opportunity
for the introduction and storage of materials and equipment and the execution of such
work and shall properly connect and coordinate its Work with theirs. Contractor shall do
all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and integrate with such other work. Contractor shall not
endanger any work of others by cutting, excavating or otherwise altering their work and
will only cut or alter their work with the written consent of the Project Manager and the
others whose work will be affected. The duties and responsibilities of Contractor under
this paragraph are for the benefit of such utility owners and other Contractors to the
extent that there are comparable provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors.
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
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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.
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
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extent Contractor knew or should have known of such changes prior to the date of this
Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally
acknowledging without exception or stipulation that it is fully responsible for complying
with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended,
Failure by the Contractor to comply with the laws referenced herein shall constitute a
breach of this agreement and the County shall have the discretion to unilaterally
terminate this agreement immediately,
14.3 Statutes and executive orders require employers to abide by the immigration laws
of the United States and to employ only individuals who are eligible to work in the
United States,
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA),
provides an Internet-based means of verifying employment eligibility of workers in the
United States; it is not a substitute for any other employment eligibility verification
requirements. The program will be used for Collier County formal Invitations to Bid
(ITB) and Request for Proposals (RFP) including professional services and construetion
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 complv with providinQ both the acceptable E-Verifv
evidence and the executed affidavit the bidder's / vendor's proposal shall be
deemed non-responsive. Documentation of these requirements will not be
accepted after the bid / proposal deadline date.
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.govlE-Verify, It shall be the
vendor's responsibility to familiarize themselves with all rules and regulations governing
this program.
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Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an
award shall be fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto, as either may be amended and with the provisions contained within this
affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or
the provisions of this affidavit shall constitute a breach of the award agreement and the
County shall have the discretion to unilaterally terminate said agreement immediately.
15. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish
and waste materials arising out of the Work. At the completion of the Work, Contractor
shall remove all debris, rubbish and waste materials from and about the Project site, as
well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface improvements, including, but not limited to,
pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery,
not indicated in the Contract Documents to be removed or altered, shall be protected by
Contractor from damage during the prosecution of the Work. Subject to the Section 2.3
above, any such improvements so damaged shall be restored by Contractor to the
condition equal to that existing at the time of Contractor's commencement of the Work.
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereof, without the prior
consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement,
or any part herein, without the Owner's consent, shall be void. If Contractor does, with
approval, assign this Agreement or any part thereof, it shall require that its assignee be
bound to it and to assume toward Contractor all of the obligations and responsibilities
that Contractor has assumed toward Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits
and fees, including license fees, permit fees, impact fees or inspection fees applicable
to the Work through an internal budget transfer(s). Contractor is not responsible for
paying for permits issued by Collier County, but Contractor is responsible for acquiring
all permits. Owner may require the Contractor to deliver internal budget transfer
documents to applicable Collier County agencies when the Contractor is acquiring
permits.
17.2 All permits, fees and licenses necessary for the prosecution of the Work which
are not issued by Collier County shall be acquired and paid for by the Contractor.
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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.
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
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Project Manager, upon application, and this obligation for payment shall survive
termination of the Agreement.
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-Ietting 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 1 9 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.
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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
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.
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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
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
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responsibility therefore, pay all costs in connection therewith and furnish Project
Manager the required certificates of inspection, testing or approval. All inspections,
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
GC-CA-H-20
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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,
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.
23A Should the Owner determine, at its sole opinion, itis 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
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Order shall be issued, incorporating the necessary revisions to the Contract Documents,
including an appropriate decrease to the Contract Amount. Such direct, indirect and
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 acton behalf of Contractor. All communications given to the superintendent, .
shall be as binding as if given to the Contractor. Owner shall have the right to direct
Contractor to remove and replace its Project superintendent, with or without cause.
Attached to the Agreement as Exhibit N is a list identifying Contractor's Project
Superintendent and all of Contractor's key personnel who are assigned to the Project;
such identified personnel shall not be removed without Owner's prior written approval,
and if so removed must be immediately replaced with a person acceptable to Owner.
24.2 Contractor shall have a competent superintendent on the project at all times
whenever contractor's work crews, or work crews of other parties authorized by the
Project Manager are engaged in any activity whatsoever associated with the Project.
Should the Contractor fail to comply with the above condition, the Project Manager
shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient
moneys to account for the Owner's loss of adequate project supervision, not as a
penalty, but as liquidated damages, separate from the liquidated damages described in
Section 5.B, for services not rendered.
25. PROTECTION OF WORK.
25.1 Contractor shall fully protect the Work from loss or damage and shall bear the
cost of any such loss or damage until final payment has been made. If Contractor or
anyone 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.
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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.
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;
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28.1.2 All the Work and materials and equipment to be incorporated therein,
whether in storage on or off the Project site; and
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;
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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
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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.
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.netlpurchasing.
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,
GC-CA-H-26
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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
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
GC-CA-H-27
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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
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.
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33.6.2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such
changes plus no more than 10% for overhead and profit.
33.6.3 The subcontract or purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constitute its sole and exclusive
remedies for delays and changes in the Work and thus eliminate any other remedies for
claim for increase in the contract price, damages, losses or additional compensation.
Further, Contractor shall require all Subcontractors to similarly incorporate the terms of
this Section 33.6 into their sub-subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order shall require that any claims by
Subcontractor for delay or additional cost must be submitted to Contractor within the
time and in the manner in which Contractor must submit such claims to Owner, and that
failure to comply with such conditions for giving notice and submitting claims shall result
in the waiver of such claims.
34. CONSTRUCTION SERVICES
34.1 Contractor shall maintain at the Project site, originals or copies of,
ona current basis, all Project files and records, including, but not limited to, the following.
administrative records:
34.1.1
34.1.2
34.1.3
34.1.4
34.1.5
34.1.6
34.1.7
34.1.8
34.1.9
34.1.10
34.1.11
34.1.12
34.1.13
34.1.14
34.1.15
34.1.16
34.1.17
34.1.18
34.1.19
34.1.20
34.1.21
34.1.22
34.1.23
34.1.24
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
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34.1.25
34.1.26
34.1.27
34.1.28
34.1.29
34.1.30
34.1.31
34.1.32
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Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Punch Lists
PMIS Schedule and Updates
Suspense (Tickler) Files of Outstanding
Requirements
The Project files and records shall be available at all times to Owner and Design
Professional or their designees for reference, review or copying.
34.2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update
on the Project to the Collier County Board of County Commissioners, "Board", up to two
(2) times per contract term. Presentations shall be made in a properly advertised Public
Meeting on a schedule to be determined by the County Manager or his designee. Prior
to the scheduled presentation date, the Contractor shall meet with appropriate County
staff to discuss the presentation requirements and format. Presentations may include,
but. not be limited to, the following information: Original contract amount, . project
schedule, project completion date and any changes to the aforementioned since Notice
to Proceed was issued.
35. SECURITY
If required, Vendor / Contractor / Proposer shall be responsible for the costs of providing
background checks and drug testing 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
limited to: design, construction, and construction, engineering and inspection (CEI)
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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 (FAC.) 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, FAC. 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
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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.
GC-CA-H-32
'11 OK
H
>i.,
EXHIBIT I
SUPPLEMENTAL TERMS AND CONDITIONS
1. The County may, at its discretion, use VISNMASTER card credit network as a
payment vehicle for goods and/or services purchased as a part of this contract.
GC-CA-I-1
EXHIBIT J
TECHNICAL SPECIFICATIONS
See separate downloadable file from www.collierqov.net
GC-CA-J-1
lOK
EXHIBIT K
PERMITS
See separate downloadable file from www.collierQov.net
GC-CA-K-1
lOK .
EXHIBIT L
STANDARD DETAILS
See separate downloadable file from www.collierClov.net
GC-CA-L-1
lOt<
EXHIBIT M
PLANS AND SPECIFICATIONS
See separate downloadable file from www.collierClov.net
GC-CA-M-1
10K
101\
EXHIBIT N
CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT
GC-CA-N-1
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From:
Sent:
To:
Subject:
Attachments:
HillerGeorgia
Sunday, January 23,2011 9:18 AM
PrietoEvelyn
FW: WIGGINS PASS DREDGING CONTRACT
FW: Complete PDF of Southwind Proposal; RE: CAC MEETING; BID REVIEW FOR
WIGGINS PASS DREDGING PROJECT; RE: JANUARY 13, 21011 CAC MEETING; 1.
WIGGINS PASS DREDGING; 2. LACK OF EASEMENTS FOR PRIVATE PROPERTY
LANDWARD OF EROSION CONTROL LINE http://www.colliergov.neUindex.aspx?page=
3142; FW: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK
OF EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov . neUindex.aspx?page=3142
,~ln
PrietoEvel n
Please print all attachments on Monday.
Thank you.
Commissioner Georgia Hiller
District 2
WIGGINS PASS
From: Anthony Pires [APires@wpl-legal.com]
Sent Friday, January 21, 2011 7:58 AM
To: HillerGeorgia
Subject: WIGGINS PASS DREDGING CONTRACT
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Iegal.com<mailto:apires@wpl-Iegal.com>
Firm Website: www.wpl-leQal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by telephone or in writing.
1
10 K
PrietoEvelyn
From:
Sent:
To:
Subject:
Attachments:
McAlpinGary
Thursday, January 13, 2011 9:26 AM
Anthony Pires; HambrightGail; Soreysan; CarnellSteve; JohnsonScott
FW: Complete PDF of Southwind Proposal
11-5633 Wiggins Pass Maint Dredge (Southwind).pdf
Tony,
Attached is the complete PDF of the Southwind Proposal. Page 26 deals with the schedule that they reference in Question A on
page 17. They indicate in question B that they will use a 14" dredge. This was confirmed by Steve Keehn.
Gail,
Please post this document and my comments for this meeting and have copies for the CAC
From: JohnsonScott
Sent: Thursday, January 13, 2011 8:54 AM
To: McAlpinGary
Subject:
Under Florida Law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity_ Instead, contact this office by telephone or in writing.
1
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PrietoEvelyn
From:
Sent:
To:
Subject:
Attachments:
McAlpinGary
Thursday, January 13, 2011 9: 18 AM
Anthony Pires; HambrightGail; JohnsonScott; Steve Keehn; Soreysan
RE: CAC MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
FW: Wiggins Pass Maintenance Dredging, Bid No. 11-5633; RE: Wiggins Pass Maintenance
Dredging draft turbidity monitoring condition
Tony,
Please see my answers to your questions below.
I am attaching the revised specifications to turbidity that were discussed with Southwind.
These were not worked or discussed with any other bidders since Southwind was the low bidder. No financial
discussions were held with any other bidder.
Call me if you need anything else.
Gary
Gail,
Provide this document with attachments by posting to the public on our website and have copies for the CAC.
From: Anthony Pires rmailto:APires(ii)wpl-leaal.coml
Sent: Thursday, January 13, 2011 8:05 AM
To: McAlpinGary; HambrightGail
Subject: CAe MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
Gary, for today's meeting:
1. please confirm the bid submittal date was 1/6/2011.The bid submittal date was 1/5/2011.
2. regarding the Southwind bid: how do we know what equipment will be used as they did
not detail equipment [see page 24 of 33 for Item V111-1.a in Agenda]. This was
confirmed by Steve Keehn in his review and recommendations. See Attached
3. the draft permit provides the maximum channel width as 160 feet at Station 0+00 while
the Bid Specs at page TS-1 stated that the permitted channel width is 150 feet between
station 0+00 and 2+00. Will there be any extra cost to dredge to the full permitted width
of 160 feet for that distance since the bid was for a width of 150 feet for that distance?
No, we pay by CY and I manage the CY that are dredged.
4. there appears to be a scrivener's error at page GC-P-4 of Paul Howard's bid, the date is
listed as "01/15/2011". Noted
5. the Bid Bond for Paul Howard is not the County's approved Bid Bond. Is the staff
suggesting that the BCC waive that irregularity? Noted, since we are not recommending
this company this has not been worked. If the situation changes, then this will be
resolved.
6. the Paul Howard bid has a written notation of 14" x 12/ in that portion of the Bid where
the Bidder is asked to describe the size dredge proposed. Does that notation mean that
1
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Paul Howard proposed to use a 14" dredge? In discussions with the manufacturer, they
have confirmed that this piece of equipment is not a 14" dredge.
Thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Iegal.com
FIRM WEBSITE: WWW.WPL-LEGAL.COM
This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or
confidential. If you are not the intended recipient, you are hereby notified that you have received this transmittal in error;
any review, dissemination, distribution or copying of this transmittal is strictly prohibited. If you have received this
transmittal and/or attachments in error, please notify us immediately by reply or by telephone (call us at 239-649-6555)
and immediately delete this message and all its attachments.
under Honda Law. e-mail addresses are publiC records. If you do not want your e'11ail address releasee '11 response
elecUon,c mail to thiS entity. Instead. contact thiS office by lelepllo,-,e or In wnt,ng
seneJ
2
10K
Prieto Evelyn
From:
Sent:
To:
Subject:
Steve Keehn [Skeehn@coastalplanning.net]
Wednesday, January 12, 2011 4:56 PM
McAlpinGary; HambrightGail
FW: Wiggins Pass Maintenance Dredging, Bid No. 11-5633
Gary
I recommend Southwind Construction be selected for the project based on the discussion below:
The low bidders were unresponsive, in failing to turn in the questionnaire with their bid, which was critical to an
accurate evaluation. This is based on purchasing decision.
In evaluation of Paul Howard Construction, I called Steve Miller from Ellicott Dredge, and he said the size of dredge is
determined by it inside diameter at the discharge flange. This is confirmed by Don Searles, who has a web site where he
states the same thing (see blue highlight below). Based on size of dredge, Paul Howard Construction does not meet the
criteria in the specification.
The second reason that Paul Howard is not qualified, is his lack of experience in open ocean/gulf dredging. All his known
projects are within estuaries or bays. The Philadelphia District USACE (Monica Chasten and Jerry Jones) says Paul
Howard Construction works hard and learns quickly, but the work did not meet the requirement of paragraph 1.4 on
page TS-3 ofthe technical speciation. The New York District Corps of Engineers called me back on Paul Howards job in
New York. There performance was lacking in mobilization (to slow), daily reports and general responsiveness, and
starting a modification before a notice to proceed. In the end, the physical work was completed in an acceptable
manner, but it was hard working with Paul Howards superintendent.
I called Lee County (Robert Neal) and the Jacksonville District (Jesse Mancini and Mike Lyons) and they all rated
Southwind Construction as satisfactory to above average and capable of performing work in the ebb shoal channel.
Michael Poff (CEC) provide a positive recommendation by E-mail. Southwind Construction dredge has a 14" discharge,
and therefore they qualify per paragraph 1.4 on page TS-3 of the technical speciation.
Based on the criteria in the specification and the lowest responsive bid, I recommend Southwind Construction be
awarded the contract.
8tepAen. 9<.ehn, P E
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
http://www.dredgingspecialists.com/DetermineSizeOfDredge.htm
March 4, 2010
Determinina The Size Of The Hvdraulic Dredae
Needed For A Dredaina Proiect.
By Don Searles
Dredging Specialists
1
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Dredges come in sizes from 8 inch [203mm] to 36 inch [914mm]. An 8 inch
[203mm] dredge will typically pump 2,500 gpm [gallons per minute] [9,464 Ipm] with an engine
horsepower of around 300 [223 kw] and a weight of 25 tons. A 36 inch dredge [914 mm] will pump up to
70,000 gpm [265 cmm] with up to 10,000 horsepower [7,456 kw] and a weight of several thousand tons.
With a given size dredge the production can vary widely and is determined by the outside diameter of the
impeller in the dredge pump, the speed of the impeller, the horsepower of the engine driving the dredge
pump, and the friction and static head losses in the pipeline.
2
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Prieto Evelyn
From:
Sent:
To:
Cc:
Subject:
Steve Keehn [Skeehn@coastalplanning.net]
Wednesday, January 05, 2011 10:56 AM
Edwards, Lainie; Neely, Merrie
McAlpinGary
RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Thank you very much Lainie - Gary is also very happy.
From: Edwards, Lainie [mailto:Lainie.Edwards@dep.stateJI.us]
Sent: Wednesday, January 05, 2011 10:36 AM
To: Steve Keehn; Neely, Merrie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Looks like we will require 1) shutting down of any exceedances 2) Following 3 exceedances in the OFW boundaries, you
will have to dredge on an outgoing tide. Sound good? I can send you the revised condition once I draft it up, so you will
know exactly how it reads.
Lainie Edwards, Ph.D.
Bureau of Beaches and Coastal Systems
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, M.s. 300
Tallahassee, Florida 32399
850-414-7796 (phone) / 850-414-7725 (fax)
From: Steve Keehn [mailto:Skeehn@coastalplanning.net]
Sent: Tuesday, January 04, 2011 2:23 PM
To: Neely, Merrie; Edwards, Lainie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Thanks Merrie Beth
From: Neely, Merrie [mailto:Merrie.Neely@dep.stateJl.us]
Sent: Tuesday, January 04, 2011 2:02 PM
To: Steve Keehn; Edwards, Lainie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Lainie is scheduling a meeting with Mike on this issue at the earliest opportunity. He is only back today.
Merrie Beth Neely, Ph.D.
Environmental Specialist III
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd. MS 300
Tallahassee, FL 32399-3000
(850) 413-7785
(850) 413-7712
From: Steve Keehn [Skeehn@coastalplanning.net]
Sent: Tuesday, January 04,2011 1:37 PM
1
To: Edwards, Lainie; Neely, Merrie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
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Merrie
Lainie
I know you must be busy today based on the busy phones, but Collier County needs to know if serious consideration is
being given to a modifying the turbidity requirements for Wiggins Pass as described below. It was my understanding
that those needed to make the decision would be available after the holiday.
Either Gary or I would appreciate a phone call on this matter when you are freed up.
Thanks
8tepAen. 9(,eNt, P E
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Steve Keehn
Sent: Thursday, December 30, 2010 8:56 AM
To: Edwards, Lainie
Cc: 'McAlpinGary'
Subject: FW: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Lainie
I understand by E-mail from Robert Brantly today that you are the point of contract for this project now. I do not know
if you are aware of the attached request we sent last week. Our proposal is to use measurements over a number of tide
cycles to determine if exceedance of the 10 NTU standard would require dredging on the outgoing tide only. This
standard make a big difference in dredging efficient and cost. No dredging on the ingoing tide doubles the length of the
project. We are in the process of bidding, so that we can get the project completed before sea turtle nesting season,
and any clarification on this matter would be appreciated.
Happy New Year
8tepAen. 9(,eNt, PE
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Steve Keehn
Sent: Monday, December 20,2010 12:06 PM
To: 'Neely, Merrie'; 'McAlpinGary'
Cc: Nicole Sharp
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
2
Merrie
10 K
The permit allows only one exceedance of the 10 NTU standard, and them prohibits dredging from the ingoing tide after
that point. This is a threshold that will be exceeded based on conditions measured during the last project, and is sure to
turn the project into a half day dredging event, which is not cost effective. We would like to request that the standard
be changed to a persistence level, being judged on more than one single measurement. During the last project, the
number of events above 10 NTU was relatively small. The were 6 different measurements during the project period of
just under a month above 10 NTU. All were on the bottom and most with the channel dredging, and one with the
disposal area. I suggest that the standard be changed as follows:
FDEP standard stop-start dredging sequence be implemented on measurement above the standard. A persistence
standard will be used to determine if dredging must stop on the incoming tide for the 10 NTU condition. I suggest the
standard be if exceedance occurs on three sequential incoming tide events (cycles). This give the County and dredger
the opportunity to address the turbidity issue by method and means, and avoids allowing what may be an anomalous
event from cutting the dredging time in half.
Most of the sand to be dredged material is within 150 m of the OFW at Wiggins Pass Estuarine AreajCocohatchee River
System. We request your consideration of this proposal.
Thanks
8tepAen. 9(,eIut, P E
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Neely, Merrie (mailto:Merrie.Neely@dep.state.fl.us]
Sent: Friday, December 17, 20104:21 PM
To: 'McAlpinGary'
Cc: Steve Keehn
Subject: Wiggins Pass Maintenance Dreding draft turbidity monitoring condition
Importance: High
Hello Gary/Steve,
Here is the draft FO condition as it went to Mr. Barnett this afternoon. Weare on track for issuance Monday -
and we'll attempt to make it as early in the day as possible
22. Water Quality. Turbidity shall be monitored during the dredging of Wiggins Pass exterior entrance channel and
placement of dredged material in the nearshore beach disposal sites off Barefoot Beach State Park. Turbidity
shall be monitored and reported as follows:
Units:
Nephelometric Turbidity Units (NTUs).
Frequency:
Approximately every 4 hours during dredging and nearshore disposal,
beginning when a visible turbidity plume appears, or 15 minutes after dredging starts-
whichever occurs sooner.
3
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Location:
Background: At least 500 meters upcurrent of both the dredging and nearshore disposal
locations, outside the influence of any visible turbidity plume, at the surface and mid-depths.
Compliance: In the densest portion of the turbidity plume, at the surface and mid-depths, not
more than 150 meters downcurrent from the source of turbidity (dredge cutterhead or disposal
site outfall). The compliance locations given above shall be considered the limits of the
temporary mixing zone for turbidity allowed during construction.
Standards:
Within OFW: When the mixing zone extends into OFW, turbidity shall not be greater than ten
(10) NTUs above the corresponding background measurement at the edge of the mixing zone.
Outside OFW: At the edge of mixing zones terminating outside of OFW, turbidity shall not be
greater than 29 NTUs above the corresponding background measurement.
Calibration:
The instruments used to measure turbidity shall be fully calibrated within one month of the
commencement of the project, and at least once a month throughout the project. Calibration
shall be verified each morning prior to use, and after each time the instrument is turned on,
using a turbidity "standard" that is different from the one used during calibration.
Any project-associated discharge other than dredging, disposing, or nourishing the beach (e.g., scow leakage or
runoff from temporary containment area) should be monitored as close to the source as possible every hour
until background turbidity levels return or until otherwise directed by the Department. The Permittee shall
notify the Department, by separate email to the JCP Compliance Officer, of such an event within 24 hours of the
time the Permittee first becomes aware of the discharge. The subject line of the email shall state "PROJECT-
ASSOCIATED DISCHARGE-OTHER", and include the Project Name and the Permit Number.
23. If turbidity levels exceed 10 NTUs at the edge of mixing zones that extend into Wiggins Pass Estuarine
Area/Cocohatchee River System OFW, dredging from that point on shall be limited to out-going tides. If such an
exceedance occurs, it shall be reported to the JCP Compliance Officer within 24 hours.
24. Turbidity Reports: Turbidity monitoring reports shall be submitted to the JCP Compliance Officer on a weekly
basis, within seven (7) days of collection. Reports shall be submitted under a cover letter containing the
following statement: "This information is provided in partial fulfillment of the monitoring requirements in
Permit No. 0142538-009-JC, Wiggins Pass Entrance Channel Maintenance Dredging." The cover letter shall
summarize any significant compliance issues and the dates or monitoring period of the reports. Also, please
clearly reference the permit number on each page ofthe reports. In addition to analytical results for samples
and quality control, each report should also include:
a. Specific monitoring requirements for the sampling location;
b. Time and date samples were taken;
c. Sampling results, the net difference between compliance and background results, and whether the
turbidity level is in compliance.
b. Depth of water body and depth of samples;
c. Antecedent weather conditions, including wind direction and velocity;
d. Tidal stage and direction of flow;
e. A statement describing the methods used in collection, handling and analysis of the samples;
4
-
f.
Turbidity meter calibration/verification documentation;
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g. A map indicating the location of the current construction activity, the sampling locations (background
and compliance), the visible plume pattern of the applicable mixing zone, and location of nearby
Outstanding Florida Waters, if applicable; and
h. A statement by the individual responsible for implementation of the sampling program concerning the
authenticity, precision, limits of detection and accuracy of the data.
Merrie Beth Neely, Ph.D.
Florida Department of Environmental Protection
Water Resources Management
Joint Coastal Permitting
3900 Commonwealth Blvd MS 300
Tallahassee. FL 32399-3000
Phone 850 413-7785
Fax 850 414-7725
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is
committed to continuously assessing and improving the level and quality of services provided to you. Please take a few
minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survev. Thank
you in advance for completing the survey.
5
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Prieto Evelyn
From:
Sent:
To:
Subject:
JohnsonScott
Wednesday, January 12, 20111:13 PM
Anthony Pires; McAlpinGary; CarnellSteve; GreeneColleen; TeachScott; WoodLyn
RE: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
DRAFT%20FinaL Order( 12-20-10). pdf
Attachments:
Mr. Pires: Attached is the draft permit from the issuing entity. I apologize I believed it was included in
the specifications provided by Mr. Carnell. Further, Mr. Carnell has already addressed item two.
Thank You
Scott D. Johnson
Purchasing Agent
Collier County Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Tel: 239-252-8995
Fax: 239-252-6588
From: Anthony Pires [mailto:APires@wpl-legal.com]
Sent: Wednesday, January 12, 2011 1 :05 PM
To: McAlpinGary; CarnellSteve; GreeneColleen; TeachScott; WoodLyn; JohnsonScott
Subject: RE: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Thanks for the responses to date Gary. How are you coming as to the following;
i. Please provide a copy of the "permit changes discussed
on 1/7/2011 ".
ii. Please provide information showing that the other bidders
were provided the opportunity that was afforded Southwind to reduce their
price due to "permit changes".
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Ieqal.com
Firm Website: www.wpl-Iegal.com
1
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This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received
this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly
prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by
reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments.
From: McAlpinGary [mailto:GaryMcAlpin@colliergov.net]
Sent: Wednesday, January 12, 2011 8:54 AM
To: Anthony Pires; CarnellSteve; GreeneColleen; TeachScott; WoodLyn; JohnsonScott
Subject: RE: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Importance: High
Tony,
The berm project was approved by the BCC with the direction that sand would be placed for this
project on private property without the easement in place. The easement is being discussed and
revised internally by the County attorney. We do have easements to access the property and this is
the same approach that the County and the CAC has authorized in the past.
I am requesting Purchasing to respond to your purchasing questions directly for Wiggins Pass
Dredging.
From: Anthony Pires [mailto:APires@wpl-legal.com]
Sent: Wednesday, January 12, 2011 7:53 AM
To: McAlpinGary; HambrightGail
Subject: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Importance: High
Gary, while I have not finished reviewing the materials and/or performing separate due diligence I
have the following concerns and requests that I would like to have addressed today or not later than
tomorrow morning:
2. I remain concerned about the legality of the continued expenditure of public funds
for the placement of sand on private property landward of an established
Erosion Control Line without the public receiving an easement for access. Please
advise of the status.
3. with regards to the recommendations to award the Wiggins Pass maintenance
Dredging to Southwind:
i. please provide me with a copy of the County's adopted
purchasing policy that allows staff to negotiate prices after bids have been
submitted and prior to award.
ii. Please provide that portion of the bid specifications that
call for use of a 14" dredge.
iii. Please provide a copy of Paragraph 1.4 on page TS-3 of
the technical specifications.
iv. Please provide a copy of Paul Howard's bid submittal,
comparable to the copy of Southwind's bid submittal that has been provided.
2
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v. Please provide a copy of the "permit changes discussed
on 117/2011".
vi. Please provide information showing that the other bidders
were provided the opportunity that was afforded Southwind to reduce their
price due to "permit changes".
Thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires(CUwpl-leqal. com
Firm Website: www.wpl-Iegal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be
privileged or confidential. If you are not the intended recipient, you are hereby notified that you have received
this transmittal in error; any review, dissemination, distribution or copying of this transmittal is strictly
prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by
reply or by telephone (call us at 239-649-6555) and immediately delete this message and all its attachments.
Under Flrjnda Law, e-mail addresses are public records, it do not war,t your e-!nail address
mart to thiS entity, Im;tead, contact this office by or Writing
respollse to a public records requesl do IlOt send
3
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WIGGINS PASS DREDGING
1 --- IS IT CONSISTENT WITH OUR LOCAL LDC, AND GMP
POLICIES?
2 --- OUTSTANDING FLORIDA WATERS HAVE SPECIAL RULES
REGARDING TURBIDITY LEVELS DURING A DREDGING PROJECT,
THE COUNTY IS USING A VARIANCE TO EXCEED THESE LEVELS.
SHOULD IT?
3 --- THE COUNTY HAS PUT WELL OVER 6 MILLION DOLLARS IN
(TDC FUNDS) IN THE PAST 10 YEARS DREDGING THIS PASS.
SHOULD IT CONTINUE? WHAT COULD THESE $'5 PAY FOR IN
OTHER ACCESS TO OUR BEACHES.
4 --- THE WIGGINS PASS ESTUARY HAS A KNOWN 3' DRAFT
POLICY. ARE THERE MINORITY BOATERS IN THE AREA WHO
CHOSE TO EXCEED THIS DRAFT AND THEN SEEK TO COMPLAIN
TO THE COUNTY ABOUT SAFETY ISSUES?
5 --- SHOULD THIS AREA BE CONSIDERED FOR A NEW NRPA?
10K ·
c;o:yff;'y c:;.ount:y
'-..0 ~~. . ~
Memorandum
To: Gary McAlpin, Director
Coastal Zone Management Department
From: Michele R. Mosca, AICP, Principal Planner
Land Development Services Department, Comprehensive Planning Section
Date: August 30,2010
RE: Petition PL20100001441 (CPCD-2010-7), Comprehensive Plan Consistency Determination
for Wiggins Pass Interim Maintenance Dredging, located within Section 17, Township 48
South, Range 25 East, Collier County, Florida. (Memorandum is needed to satisfy
requirements of the Florida Department of Environmental Protection.)
The Elements under review for this Consistency Determination are the Future Land Use Element
and Conservation and Coastal Management Element of the Growth Management Plan. Below is
staffs analysis.
Proiect Summary: Per the submitted request, the proposed project involves maintenance dredging
to widen and deepen the channel at Wiggins Pass, and the placement of dredged materials in the
near-shore of Barefoot Beach.
A. Consistency with the Future land Use Element (FLUE)
The proposed dredging area is located within the Conservation designated area on the countywide
Future Land Use map, and within the Coastal High Hazard Area.
The Future Land Use Element does not specifically address dredging. However, the proposed
dredging is intended to deepen and widen the channel at Wiggins Pass to restore navigable
depths. This function pertains, in part, to providing access to waterways, which is promoted and
supported in certain Goals, Objectives and Policies of the Future Land Use Element (and
Recreation and Open Space Element and Conservation and Coastal Management Element) of the
Growth Management Plan and allowed by the Conservation designation. Therefore, the
Comprehensive Planning staff is of the opinion that the proposed project does not conflict with the
Goals, Objectives and Policies of the Future Land Use Element.
Collier County Growth Management Division/Planning and Regulation
Land Development Services Department, Comprehensive Planning Section
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B. Consistencv with the Conservation and Coastal Manaaement Element. includina the
Manatee Protection Plan (review completed bv Stephen Lenberaer)
Policy 10.4.7 of the Conservation and Coastal Management Element of the Growth Management
Plan restricts construction of all structures seaward of the Coastal Construction Control Line
(CCCL), as established by the Florida Coastal Zone Protection Act of 1985. The CCCL included in
the Collier County Growth Management Plan is that which was established in 1974, is referred to
as the Coastal Construction Setback Line (CCSL) by Collier County and will be the line for this
consistency determination.
Policy 10.5.9 of the Conservation and Coastal Management Element of the Growth Management
Plan prohibits construction seaward of the Coastal Construction Setback Line on undeveloped
shorelines except as follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in
The 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed
except in cases of public safety.
Staff's review of the subject property finds the dredging as proposed, including the widening and
deepening of the channel and placement of dredged material in the near-shore of Barefoot Beach,
to be seaward of the CCSL. This would require a variance from the Board of County
Commissioners (BCG) to be consistent with Policy 10.4.7 and, in turn, with the Conservation and
Coastal Management Element. In November 1997 the Board of County Commissioners approved
CCSL Variance No. 97-3. This maintenance dredging is consistent with that which was approved
by the BCC in 1997, and is therefore consistent with the Growth Management Plan.
Cc: File CPCD-2010-7
Stephen Lenberger, Senior Environmental Specialist, Stormwater and Environmental Planning
2
Community Development and Environmental Services Division
Comprehensive Planning Department
CAC September 13, 2007
New Business VIlI-5
Page 2 of 59
Wiggins Pass Study
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Hydrodynamic and Sand Transport Modeling
Prepared by
Humiston & Moore Engineers
August 2007
Executive Summary
This Study was completed to follow up on recommendations of the Wiggins Pass
Feasibility Study Report, completed in April, 2004, and represents the next step in the
County's evaluation of ways to improve the management of Wiggins Pass. The 2004
Feasibility Report was prepared in response to a request from Collier County for an
evaluation of the feasibility of alternatives for addressing erosion along the shoreline of
Barefoot Beach County Park. The recommendation of that report was a phased
approach. The first phase was for the 2005 maintenance dredging to reduce the depth in
eastern part of the portion of entrance channel that had been deepened in 2000. That
_ recommendation was made because it was apparent that the deepening of the ch~-
. close to the beach had contnouted tv tile erosion:--- ____"~~____
The second recommendation of the Feasibility Report was to consider erosion control
structures as a means of reducing erosion of Barefoot Beach. This approach could also
reduce the rate of shoaling in the inlet thereby reducing maintenance dredging frequency
and costs. Pursuant to input the County received regarding recommendations of the
Feasibility Study, including input from the Department of Environmental Protection at a
Collier County Coastal Advisory Committee meeting, the present Study was undertaken
to provide a more thorough evaluation of non-structural alternatives, to determine if there
is a viable option to introducing structures at the inlet.
Historical survey data show that prior to the commencement of dredging in 1984, the
Wiggins Pass shoal system had been growing. This growth was in response to increases
in tidal prism from the closure of an inlet that existed approximately 2 miles north of
Wiggins Pass in the 1940's, and from development of tributary waterways, primarily
Vanderbilt Lagoon. The data also show that the shoal began decreasing in volume in the
1990's as a result of the dredging. The study shows that it is the cumulative effects of
maintenance dredging that have resulted in erosion of Barefoot Beach and contributed to
the need for dredging at short intervals. From 1984 to 1990 the inlet was dredged 6 times
at an average interval of approximately 3 years. Since the scope of dredging was
increased in 2000, the inlet has been dredged 5 times at an average interval of
approximately1.4 years. This study report contains a brief analysis of costs associated
with the length of the interval between dredging events.
This study applied a variety of modeling procedures that simulate inlet tidal
hydrodynamics and wave induced sand transport to look carefully at the evolution of the
inlet and inlet shoals, and how that evolution has been influenced by dredging. The
calibrated models were then used to analyze the effects of modifying the channel
alignment and limits, including extension of the channel across the interior flood shoal as
a means of improving tidal circulation and scour of sand from the navigation channel by
tidal currents. The modeling results show that some minor improvement to tidal
hydrodynamics might be achieved through modification of the channel dredging plan.
1
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on site. All exotic vegetation shall be removed and replaced with native vegetation where
appropriate.
Policy 10.3.10:
No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on
undeveloped barrier systems.
Policy 10.3.11 :
Shoreline hardening structures (e.g., rip-rap, seawalls, groins, etc.) shall not be allowed on
undeveloped coastal barriers except in the interest of public safety or of land use related
hardship.
(VI)Policy 10.3.12:
Encourage the use of the "Planned Unit Development" (PUD) provIsions of the Zoning
Ordinance for new development or redevelopment proposed to take place within areas identified
as Coastal Barrier system, with the exception of one single family dwelling unit on a single
parcel.
(VI) Policy 10.3.13:
Substantial alteration of the natural grade on undeveloped coastal barriers, through filling or
excavation shall be prohibited except as part of an approved dune and/or beach restoration
program, or as part of an approved public development plan for one or more of the uses allowed
by Policy 10.3.4, above.
(VI) Policy 10.3.14:
Agriculture and timbering are not exempt from the above Goals, Objectives, and Policies related
to coastal barrier systems.
(VI) Policy 10.3.15:
All new development proposed on undeveloped coastal barrier systems shall be reviewed
through the County's existing "Special Treatment" ("ST") zoning overlay district. Objective 1 0.3
and its accompanying policies shall serve as criteria for such review.
OBJECTIVE 10.4:
Developed coastal barriers and developed shorelines shall be continued to be restored and then
maintained, when appropriate by establishing mechanisms or projects which limit the effects of
development and which help in the restoration of the natural functions of coastal barriers and
affected beaches and dunes.
Policy 10.4.1:
Promote environmentally acceptable and economically feasible restoration of the developed
coastal barriers and the urban beach and dune systems.
Policy 10.4.2:
Prohibit further shore hardening projects except where necessary to protect existing structures,
considering the total beach system and adjacent properties.
(VI) Policy 10.4.3:
Collier County shall prohibit activities which would result in man-induced shoreline erosion
beyond the natural beach erosion cycle or that would deteriorate the beach and dune system.
Implementation of this policy will be based upon available scientific/coastal engineering
literature/studies that have established benchmarks for natural rates of beach erosion.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
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2.
~
~ A maximum of two residential dwellinas units for
use bv !Jolf course emolovees in coni unction with
the operation of the aolf course.
~ Conditional uses. The followina uses are permissible as
conditional uses in the GC district. subiect to the
standards and provisions established in section 10.08,00.
L Commercial establishments oriented to the
permitted uses of the district includina cift shops:
pro shops with eauipment sales in excess of 1.000
sauare feet: restaurants with seatina capacity of
areater than 150 seats: cocktail lounaes. and
similar uses. primarilv intended to serve patrons of
the coif course.
fL Conservation District "CON". The purpose and intent of the conservation
district "CON" is to conserve. protect and maintain vital natural resource
lands within unincorcorated Collier Countv that are owned orimarilv bv the
public. All native habitats possess ecoloaical and phvsical characteristics
that iustifv attemots to maintain these important natural resources. Barrier
islands. coastal bavs. wetlands. and habitat for listed species deserve
particular attention because of their ecoloaical value and their sensitivity
to perturbation. All oroposals for development in the CON district must
be subiect to nacrous review to ensure that the impacts of the
development do not destroy or unacceptably dearade the inherent
functional values. The CON District includes such public lands as
Everalades National Park Bia Cvpress National Preserve. Florida
Panther National Wildlife Refuae. portions of the Bia Cypress Area of
Critical State Concern. Fakahatchee Strand State Preserve, Collier-
Seminole State Park. Rookerv Bay National Estuarine Sanctuary
Research Reserve, Delnor-Wiaains State Park. and the National
Audubon's Corkscrew Swamp Sanctuary (privately owned). and C.REW.
It is the intent of the CON District to reauire review of all development
proposed within the CON District to ensure that the inherent value of the
County's natural resources is not destroyed or unacceptablv altered. The
CON District corresponds to and implements the conservation land use
desianation on the future land use map of the Collier County GMP.
-L Allowable uses. The followina uses are allowed in the CON
District
g... Permitted uses.
L On privately held land only. sinole family dwellina
units. and mobile homes where the Mobile Home
ZoninQ Overlay exists. .
L On publicly and privately held lands only.
dormitories. duplexes and other types of housina.
as may be incidental to. and in support of.
conservation uses.
;L Passive parks. and other passive recreational uses.
includina. but not limited to:
~ Open space and recreational uses:
!2l Bikino. hikino, canoeinQ. and nature trails:
Page] 29 of 134
Words strnek thmugh are deleted, words underlined are added
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~jl}.:.. Eauestrian paths: and
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Ql Nature preserves and wildlife sanctuaries.
~ Habitat preservation and conservation uses.
~ Familv Care Facilities and Group Care Facilities.
2.. Sportin(l and Recreational camps incidental to
conservation uses on public lands: or, on privatelv
held lands.
L Aaricultural uses that fall within the scope of
Sections 163_3162(4) and 823.14(6) Florida
Statutes.
!1 Oil and aas exploration subject to applicable state
drillina permits and Collier County non-
environmental site development plan review
procedures. Directional-drillina and/or previously
cleared or disturbed areas shall be utilized in order
to minimize impacts to native habitats. where
determined to be practicable_ This reauirement
shall be deemed satisfied upon issuance of a state
permit in compliance with the criteria established is
Chapter 62C-25 throuah 62C-30. FAC.. as such
rules existed on June 16. 2005. reaardless of
whether the activitv occurs within the Bia Cvpress
Watershed. as defined in Rule 62C-30_001(2),
F.A.C. All applicable Collier Countv environmental
permittina reauirements shall be considered
satisfied bv evidence of the issuance of all
applicable federal and/or state oil and (las permits
for proposed oil and aas activities in Collier County,
so lona as the state permits complv with the
reauirements of Chapter 62C-25 throu(lh 62C-30.
FAC. For those areas of Collier County outside
the boundarY of the Sia Cypress Watershed, the
aDDlicant shall be resoonsible for convenino the
Sia Cypress Swamp Advisorv Committee as set
forth in Section 377.42. F.S.. to assure compliance
with Chapter 62C-25 throuah 62C-30, even if
outside the defined Sia Cypress Watershed. All oil
and aas access roads shall be constructed and
protected from unauthorized uses accordina to the
standards established in Rule 62C-30.005(2)(a)(1)
throuoh (12). FAC.
9_ The followina essential services:
a) Private wells and septic tanks necessarv to
serve uses identified in 1 throuah 8 above.
b) Utilitv lines necessarY to serve uses
identified in 1 throuah 8 above. with
exception of sewer lines.
c) Sewer lines and lift stations if all of the
followina criteria are satisfied:
n Such sewer lines or lift stations shall
not be located in anv NRPA Lands in
the CON District;
in Such sewer lines or lift stations shall
be located within alreadv cleared
Page 130 of 134
Words struek thraugh are deleted, words underlined are added
101
PART B - INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner" used herein refers to the Board of County Commissioners, or
its duly authorized representative.
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as
applicable, acting directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or
architect who is in privity with the Owner for the purpose of designing and/or monitoring
the construction of the project. At the Owner's discretion, any or all duties of the Design
Professional referenced in the Contract Documents may be assumed at any time by the
Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the
Project Manager may formally assign any of his/her duties specified in the Contract
Documents to the Design Professional.
1.4 The term "Bidder" used herein means one who submits a bid directly to the
Owner in response to this solicitation.
1.5 The term "Successful Bidder" means the lowest qualified, responsible and
responsive Bidder who is awarded the contract by the Board of County Commissioners,
on the basis of the Owner's evaluation.
1.6 The term "Bidding Documents" includes the Legal Advertisement, these
Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the
Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding
Documents, properly signed, providing the Owner a proposed cost for providing the
services required in the Bidding Documents.
Section 2. Preparation of Bids
2.1 The Bids must be submitted on the standard form herein furnished by the Owner
(pages GC-P-1 to GC-P-15 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 Trl E, Naples, FL
34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed
in another sealed envelope addressed as above. Bids received at the location
GC-IB-1
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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. Riaht 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.
GC-IB-2
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Section 5. Sianina of Bids
5.1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative. The corporate address
and state of incorporation must be shown below the signature.
5.2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of
the partnership must be shown below said signature.
5.3 If Bidder is an individual, his or her signature shall be inscribed.
5.4 If signature is by an agent or other than an officer of corporation or general
partner of partnership, a properly notarized power of attorney must be submitted with
the Bid.
5.5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5.7 Failure to follow the provisions of this section shall be grounds for rejecting the
Bid as irregular or unauthorized.
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement
for the opening of Bids, provided that the withdrawal is requested in writing, properly
executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of
a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified
for Bid opening.
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the
Legal Advertisement.
Section 8. Interpretation of Contract Documents
8.1 No interpretation of the meaning of the plans, specifications or other Bidding
Documents shall be made to a Bidder orally. Any such oral or other interpretations or
clarifications shall be without legal effect. All requests for interpretations or clarifications
shall be in writing, 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
GC-IB-3
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PRE-BID INFORMATION
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award; therefore, be specific.
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?
C. What size and type of equipment will you used on this project, to include scows,
boosters, cranes, barges, etc.? What equipment will you purchase or rent for the proposed
work?
101
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D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
E. List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
F. Will you sublet any part ofthis work? If so, give details.
G. What is the last dredging project of this nature that you have completed?
H. Have you ever failed to complete work awarded to you: If so, where and why?
101(
I. Is the dredge to be used for the proposed work certified for open ocean dredging by the
American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
J. List experience with Gulf/open ocean ebb channel (shoal) dredging.
K. Name three individuals or corporations for which you have performed work and their
contact information as references.
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
Signature of Bidder
By
Name
Business Address
Incorporated under the laws of the State of
NM<D
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~GGINSPASSNUUNTENANCEDREDGING
COLLIER COUNTY BID NO.
November 2010
COLLIER COUNTY COASTAL ZONE MANAGEMENT DEPARTMENT
Collier County Government
W. Harmon Turner Bldg., Suite 103
3301 E. Tamiami Trail
Naples, FL 34112
Design Professional:
Coastal Planning & Engineering, Inc.
2481 N.W. Boca Raton Blvd.
Boca Raton, FL 33431
(561) 391-8102
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PRE-BID INFORMA nON
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award; therefore, be specific.
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?
C. What size and type of equipment will you used on this project, to include scows,
boosters, cranes, barges, etc.? What equipment will you purchase or rent for the proposed
work?
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D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
E. List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
F. Will you sublet any part ofthis work? If so, give details.
G. What is the last dredging project of this nature that you have completed?
H. Have you ever failed to complete work awarded to you: If so, where and why?
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I. Is the dredge to be used for the proposed work certified for open ocean dredging by the
American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
J. List experience with Gulf/open ocean ebb channel (shoal) dredging.
K. Name three individuals or corporations for which you have performed work and their
contact information as references.
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
Signature of Bidder
By
Name
Business Address
Incorporated under the laws of the State of
WIGGINS PASS MAINTENANCE DREDGING
COLLIER COUNTY
November 2010
TECHNICAL SPECIFICATIONS
STEPHEN KEEHN, P.E. NO. 34857
DATE
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WIGGINS PASS MAINTENANCE DREDGING
COLLIER COUNTY
TECHNICAL SPECIFICATIONS
I. INTRODUCTION
1.0 BASE BID.......................................................................................................................... TS-I
2.0 PROJECT MANAGEMENT.............................................................................................. TS- 2
3.0 ORDER OF WORK AND PROJECT SCHEDULE ..........................................................TS-2
II. WIGGINS PASS MAINTENANCE DREDGING PROJECT
1.0 WORK................................................................................................................................ TS- 2
2.0 A CCES S LIMIT A TI ONS................................................................................................... TS- 3
3.0 0 RDER OF WORK............................................................................................................ TS- 3
4. 0 NOTICE TO MARINERS .................................................................................................. TS- 3
5.0 SO IL COND ITI ONS .......................................................................................................... TS-4
6.0 D REDGIN G ........................................................................................................................ TS-5
7.0 NEARSHORE DISPOSAL .................... ....................... ................... .................................. TS-7
8.0 ENVIRONMENTAL PROTECTION. .................... ....................... ....................... ............. TS-8
9 .0 SURVEyS.......................................................................................................................... TS-II
I 0.0 MOBILIZATION AND DEMOBILIZATION ..................................................................TS-15
III. ENVIRONMENTAL PROTECTION
1.0 ENVIRONMENTAL PROTECTION ................................................................................TS-16
2.0 FINAL CLEAN-UP ................................... ....................... .................................... ..............TS-19
3.0 RESTRICTION OF ACCESS BY THE PUBLIC..............................................................TS-20
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~GGINSPASSNUUNTENANCEDREDGING
COLLIER COUNTY
November 2010
I. INTRODUCTION
Collier County, Florida will conduct a maintenance dredging project in order to restore navigable
conditions within Wiggins Pass. The project is to be completed with a 14" dredge or greater.
The project will be awarded to the lowest, competent bidder with the quickest substantiated
schedule. Navigation is impaired, and it is essential that dredging is completed at the fastest
practical schedule. It is desired that dredging is complete within 30 to 60 days of the Notice to
Proceed.
1.0 BASE BID.
1.1 Wiggins Pass Maintenance Dredging Project
The project is a maintenance dredging of 49,900 cy from the Wiggins Pass ebb
shoal channel within the borders approved with the 2010 permit. The permitted
channel width is 150 ft. and the channel depth between Stations 0+00 and 2+00 is
-8.7 feet NAVD (-7.0 feet MLW) with a l' overdredge allowance. For the
segment of the channel between Stations 3+00 and 13+00, the dredge width and
depth are 200 feet and -13.2 feetNAVD (-11.5 feet MLW) with a l' overdredge
allowance respectively. Between Stations 2+00 and 3+00, the dredge depth and
width will gradually slope and widen seaward. The channel will be hydraulically
dredged with excavated material placed in the nearshore zone environment
adjacent to the beaches of Barefoot Beach State Preserve (between approximately
R-l1.9 and R-14.2). Immediate maintenance dredging using at least a 14 inch
dredge is essential to re-establish a navigable channel.
The fill placed adjacent to Barefoot Beach will come from the ebb shoal channel.
Nearshore disposal shall be placed below Mean Low Water. The Barefoot Beach
disposal area runs from R-ll.9 to R-14.2, over 2,300 ft.
The project will be built entirely from the water, with no dry beach construction
activity. The contractor shall be thoroughly familiar with permit conditions,
especially the turbidity criteria for Outstanding Florida Waters (OFW) described
in the State permit.
1.2 Bid Method
The lowest, most competent bid with the quickest substantiated schedule will be
awarded the project's contract.
The pre-bid information questionnaire must be completely filled out upon
submission of your bid or your bid may not be considered. A bidder shall submit
his bid on the Bid Form and Proposal furnished. Bids shall be in the units
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specified for each item. All unit prices and lump sums shall include all expenses,
overhead, profit and any other costs necessary for completing the Work. A bid
without a specific schedule can be rejected as unresponsive.
2.0 PROJECT MANAGEMENT.
Collier County, Florida will conduct maintenance dredging of Wiggins Pass. The project will be
administered and managed by Collier County Coastal Zone Management Office. The term
ENGINEER as used in these technical specifications will mean the Director or Inspector from
this office or the project engineer with Coastal Planning & Engineering, Inc. The project team
will be described at the pre-construction meeting.
3.0 ORDER OF WORK AND PROJECT SCHEDULE.
As part of the bid package, the CONTRACTOR shall provide an order of work outline and
project schedule to the ENGINEER and the OWNER. The project schedule shall indicate, at a
minimum, how the work will be accomplished to complete dredging in the quickest time.
II. WIGGINS PASS MAINTENANCE DREDGING PROJECT
1.0 The WORK consists of completing the maintenance dredging of Wiggins Pass. The
scope of work is listed below. The COUNTY expects construction to begin immediately
after the Notice to Proceed.
1.1. The WORK consists of furnishing all labor, materials, and equipment, and
performing all tasks necessary for the completing the maintenance dredging of
Wiggins Pass with placement of the material in a nearshore Spoil Site north of the
inlet. The dredging consists of the removal of approximately 49,900 cy, based on
the July 2010 survey. Only the exterior channel will be dredged. Pay quantities
will be based on pre and post dredge surveys as described under TS 9.0. The
dredged material will be disposed into an approximately 2,300 foot long Spoil
Site. The nearshore Spoil Site is located approximately 2,200 and 4,800 feet north
of the inlet and below ML W. The site shall be filled from south to north to the
limits of the fill template. The fill will be placed to fill the nearshore portion of
the template first.
1.2 The maximum pay volume shall be the bid volume unless modified by change
order. The dredge template will be modified using the pre-dredge survey to this
volume.
1.3 This WORK must be completed in accordance with the plans and these
specifications within the Contract Time as specified in the Contract and in strict
compliance with all regulatory authorizations. These authorizations include a DEP
Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization
No. 0142538-009-JC, and U.S. Army Corps of Engineer's Permit No. SAJ-2003-
12405 which is attached and a part of these specifications in Appendix A. Quick
TS-2
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completion of the project is of essence. The permit does not allow dredging after
the start of sea turtle nesting season on May 1.
1.4 The CONTRACTOR shall use at least a 14" dredge capable of pumping at least
6,000 feet. If the CONTRACTOR elects to use a larger dredge, the
CONTRACTOR shall consider the existing depths in the areas to be dredged
when selecting the physical plant used to execute the project. The dredge shall be
suitable for the open Gulf site shown in the Plans. The CONTRACTOR and
CONTRACTOR's employees shall have company experience with a 14" or larger
dredge used for dredging in exposed areas similar to an ebb shoal channel.
1.5 The CONTRACTOR shall be solely responsible for all construction means,
methods, procedures, and techniques to complete the WORK in compliance with
the regulatory authorizations, plans, and these specifications including the
sequence of construction as detailed in the Order of Work described in TS-3.0.
2.0 ACCESS LIMITATIONS.
2.1 Wiggins Pass project area is accessible by water from the Gulf of Mexico. The
water depth through Wiggins Pass is variable due to constantly changing shoal
conditions and is controlled by depth over the bar shown on the plans.
CONTRACTOR is responsible for determining the adequacy of water depth for
access by floating equipment.
2.1.1 Ramps to launch small boats are located on the Cocohatchee River in
Collier County Cocohatchee River Park at Vanderbilt Dr. and Wiggins
Pass Rd. The use can be coordinated at the pre-construction meeting. A
ramp is also located at the Naples Landing in Naples Bay, located at the
intersection of 9th Street and 11 th Avenue South. A commercial
loading/unloading area is located at Naples Landing. A permit to use this
facility must be obtained from the Naples City Dock Master at (239)213-
3070.
3.0 ORDER OF WORK.
3.1 To the greatest extent possible, the CONTRACTOR shall perform the work 24
hours per day, 7 days a week. The CONTRACTOR shall notify the ENGINEER
if weather conditions or mechanical problems do not allow work to be conducted
24 hours per day, 7 days per week.
3.2 All material excavated from Wiggins Pass shall be placed in the nearshore Spoil
Site located between R-I1.9 and R-14.2 as marked on the plans.
4.0 NOTICE TO MARINERS.
4.1 CONTRACTOR shall be responsible for notifying the U.S. Coast Guard in
sufficient time to allow for publication of a Local Notice to Mariners for this
project. The local Coast Guard contact is:
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Commander (OAN)
U. S. Coast Guard
909 SE First Avenue
Brickell Plaza, Federal Building
Miami, Florida 33131-3050
Attention: Bernie Dukes (305) 415-6751
4.2 Temporary Dredging Aids: The CONTRACTOR shall contact the U.S. Coast
Guard regarding requirements for permits for all temporary buoys or dredging aid
markers to be placed in the water prior to installation. The CONTRACTOR shall
be responsible for obtaining all approvals required by the Coast Guard.
CONTRACTOR shall provide ENGINEER with a copy of the Coast Guard
approval. Dredging aid markers and lights shall not be colored or placed in a
manner that they will obstruct or be confused with navigation aids.
5.0 SOIL CONDITIONS.
5.1 All fill material placed on or near the beach shall be sand that is similar to that
already existing at the beach site in both coloration and grain size distribution. All
such fill material shall be free of construction debris, rocks, or other foreign
matter and shall not contain, on average, greater than 5% fines (i.e., silt and clay)
(passing the #200 sieve) and shall be free of coarse gravel or cobbles, as described
in the State permits. See Appendix D for the State approved QA/QC plan for
sediment quality.
5.2 The ENGINEER shall have the authority to determine whether the material being
placed on the Spoil Site is acceptable or unsatisfactory. However, the
CONTRACTOR shall be responsible for assuring the quality of the placed
materials.
5.3 If the ENGINEER or Co11ier County observes that the material being discharged
into the Spoil Site is excessively silty, rocky, or otherwise unsatisfactory, the
ENGINEER reserves the right to direct the CONTRACTOR to collect a sediment
sample from the material discharged into the Spoil Site. Said sample shall be
submitted to the ENGINEER as part of the CONTRACTOR's Daily Quality
Control Report. The ENGINEER reserves the right to collect his or her own
sediment samples for analysis to ensure compliance with Paragraphs 5.1 or 5.2
above.
5.4 If large quantities of rock, debris, or material exceeding the silt limit (described
above) are discharged into the Spoil Site, the CONTRACTOR shall be required to
cease dredging and notify the ENGINEER, providing the time, location, and
source of the unsatisfactory material. The ENGINEER shall use the dredge
positioning records, plans, and sand sample descriptions to determine where the
CONTRACTOR may dredge to avoid additional discharge of unsatisfactory
materials.
TS-4
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5.5 If the ENGINEER determines that the grain size and silt content of the material
being discharged into the Spoil Site do not comply with these specifications, the
ENGINEER reserves the right to direct the CONTRACTOR to cease dredging
and remove the unsatisfactory material from the Spoil Site. Should the
CONTRACTOR fail to remove the unsatisfactory material, Collier County
reserves the right to remove and/or replace the unsatisfactory material, deducting
the cost of such operation from the contractor's payment.
5.6 The channel has been dredged multiple times since 1984.
6.0 DREDGING.
6.1 The WORK covered by this section consists of furnishing all labor, materials, and
equipment, and performing all construction stake-out, excavation, and transport of
the dredged material from the areas designated to be dredged to the designated
disposal area.
6.2 Historical Artifacts: During the dredging process, should the CONTRACTOR
uncover any historic artifacts of archeological and public interest, the
CONTRACTOR shall notify the ENGINEER immediately. CONTRACTOR may
then proceed to relocate the dredge within the approved cut area so that no
additional dredging occurs within 150 feet of the area in which the artifacts were
uncovered. Any and all artifacts of historic or monetary value are the property of
the State of Florida.
6.3 Trash and Debris: The CONTRACTOR shall assume the risk of any down time or
expense incurred as the result of any trash or debris becoming lodged in or
damaging the dredge cutterhead, suction, pump, pipe, or other equipment.
6.4 Floating Pipeline and Navigation: Floating pipelines will be marked and in
compliance with U.S. Coast Guard Regulations. CONTRACTOR shall barricade
both ends of floating pipelines to positively prevent personnel access. Wiggins
Pass is used daily by many boaters in the area, with heavy boat traffic on
weekends and holidays. It shall be the CONTRACTOR's responsibility to
conduct the dredging in a manner that will allow for continuous use of the inlet by
boat traffic with a minimum of inconvenience to boaters. This means that the inlet
cannot be blocked with pipeline, and during operation it may be necessary to
either swing the dredge to the side of the cut to allow passage of boat traffic, and
it may be necessary to move the dredge to allow some of the larger vessels to
pass. The pipeline shall be submerged to the extent practical.
6.5 Misplaced Material: Should the CONTRACTOR, during the progress of the
WORK, lose, dump, throw overboard, sink, or misplace any material, plant,
machinery, or appliance, which in the opinion of the ENGINEER may be
dangerous to, or obstruct navigation, the CONTRACTOR shall recover and
remove the same with the utmost dispatch. The CONTRACTOR shall give
immediate notice, with description and location of such obstructions, or misplaced
materials, to the ENGINEER, and when required, shall mark or buoy such
TS-5
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obstructions until the same are removed. In the event of refusal, neglect, or delay
in compliance with the above requirements, such obstructions may be removed by
the ENGINEER, and the cost of such removal may be deducted from any money
due or to become due to the CONTRACTOR or may be recovered under the
CONTRACTOR's bond.
6.6 Positioning of Dredge and Monitoring of Dredging Operations: The
CONTRACTOR's dredge shall be equipped with an electronic positioning
system, capable of positioning the dredge accuracies equal to +/- 3 feet horizontal
and +/-0.25 feet vertical. This positioning system shall be established, operated,
and maintained by the CONTRACTOR during the entire period of the project.
The positioning system shall be used to precisely locate the dredge and the
location of the dredge's excavation device and shall be capable of displaying and
recording the dredge's location in an acceptable coordinate system which can be
related to, or is directly based on, the Florida State Plane Coordinate System, East
Zone, North American Datum of 1983 (FL-EAST, NA VD 88, NAD83).
Navigation channel control, and shore station control, if required, will be provided
to the CONTRACTOR in the same Florida State Plane Coordinate System prior
to the commencement of work (Appendix C).
6.6.1 The CONTRACTOR's Daily Quality Control Report (Appendix B)
provided to the ENGINEER shall include plots of the previous day's
dredge locations showing the channel limits. The numbered position fixes
on the daily printout and plots shall not exceed two (2) minute intervals.
The location on the dredge of the master antenna and the distance and
direction from the master antenna to the dredge's excavation device shall
be reported in the Daily Quality Control Report.
6.6.2 The coordinates of the position fixes and NA VD depth of cut (X,Y,Z) for
the dredge's excavation device, and the date, time, and location on the
dredge of the master antenna each day, shall be also submitted to the
ENGINEER in ASCII format on a CD-ROM with the Daily Contractor
Quality Control Reports or sent to the ENGINEER bye-mail care of Steve
Keehn, P.E. at Skeehn@coastalplanning.net.
6.7 CONTRACTOR's Daily Ouality Control Report: The CONTRACTOR shall
submit a Daily Quality Control Report. The Daily Quality Control Report with
attachments shall include:
· Hours of operation including all dredging start times, stop times, and
description of the reason for stoppage;
· The beginning and ending position stationing of the dredge and the
discharge end of the dredge pipeline;
· An estimate of the cubic yards of sand dredged;
· All equipment and materials on the job site including the dredge, tug
boats, barges, pipeline, length of pipeline in service, tractors, number of
personnel on the job site;
TS-6
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. Weather conditions;
. Manatee sightings;
· Dredge positioning data as described in Paragraph 6.6 above;
· Sediment samples as described in Paragraph 7.6 and the QNQC plan;
· The results of turbidity monitoring as described under TS-8.2 below
with a map of sampling locations;
. Visits from staff of regulatory agencies; and
· Any instructions received from regulatory agencies or ENGINEER.
The Daily Quality Control Report shall be submitted by 12 noon on the day
following the day for which the activity is being reported. Mobilization, progress
and/or final payment to the Contractor shall be withheld until all of the required
CONTRACTOR's Daily Quality Control Reports have been submitted to the
Engineer. The preferred method of submittal is bye-mail. Collier County or the
ENGINEER reserves the right to stop construction if the CONTRACTOR's Daily
Quality Control Report is overdue. Once each week, the CONTRACTOR shall
analyze a sand sample selected by the ENGINEER for laboratory testing weekly.
7.0 NEARSHORE DISPOSAL.
7.1 The WORK covered by this section consists of furnishing all labor, materials and
equipment and performing all tasks necessary, including stakeout of the work, for
the placement of sand in the nearshore Spoil Site within the lines and grades
shown on the plans.
7.2 The CONTRACTOR shall establish the lines and grades of the nearshore disposal
area as the WORK progresses and maintain such control as necessary to insure
accurate placement of the fill. Wherever buoys or grade stakes are used within the
limits of fill placement, the CONTRACTOR shall be responsible for the removal
of same prior to completion of the project. The CONTRACTOR will establish
and maintain visible limits of the spoil site for inspection by the ENGINEER and
COUNTY. It is the CONTRACTOR's responsibility to move the location of the
discharge as often as necessary to prevent accumulation of material above the
maximum specified grade in the nearshore Spoil Site.
7.3 Pursuant to TS-5.0 "Soil Conditions" above, only beach quality material is to be
placed in the nearshore Spoil Site. The results of previous maintenance dredging
indicate that most of the material to be dredged can be placed in the nearshore
disposal area.
7.4 The maximum permissible elevation in the nearshore Spoil Site appears on the
plans. The Spoil Site as constructed shall be no higher than this design elevation.
There is a further requirement for the Wiggins Pass spoil site described in the
Specific Conditions ofthe FDEP Permit. '
7.5 The CONTRACTOR shall be responsible for compliance with the water quality
standards required by the regulatory permits.
TS-7
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7.6 The CONTRACTOR shall collect one 200 mg sand sample daily from the
dredged material and place the material in a plastic zip lock or similar bag. The
CONTRACTOR shall propose the method of collection to the ENGINEER and
County for their approval.
8.0 ENVIRONMENTAL PROTECTION.
8.1 The CONTRACTOR must be familiar with permit conditions for Wiggins Pass
provided in Appendix A.
8.2 Turbidity
8.2.1 A CONTRACTOR's representative familiar with channel dredging
techniques and turbidity monitoring shall be present at all times when fill
material is disposed of in the nearshore Spoil Site. This individual shall
serve as site supervisor and shall have the authority to alter construction
techniques or shut down the dredging or nearshore disposal operations if
turbidity levels exceed the compliance standards established in the DEP
permit. The names and qualifications of those individuals performing
these functions along with 24-hour contact information shall be submitted
to the ENGINEER. The CONTRACTOR shall provide transportation to
the monitoring locations for sampling and testing as well as for the
ENGINEER and for agency staff as may be requested at any time during
construction. The turbidity monitoring program contains requirements to
deal with Outstanding Florida Waters (OFW) and extra measurements
important to the Wiggins Pass Navigation Program. The CONTRACTOR
should schedule and plan dredging to minimize turbidity.
8.2.2 The CONTRACTOR shall provide information on the location of the
dredge and disposal as needed to complete the monitoring reports to the
DEP. It is the CONTRACTOR's responsibility to conduct the dredging
activities so that the project remains in compliance with the DEP water
quality standards with regard to turbidity.
8.2.3 Turbidity is to be measured in Nephelometric Turbidity Units (NTUs).
Outside of Outstanding Florida Waters (OFW), turbidity of more than 29
NTUs above background at the edge of the mixing zone is a violation of
State Water Quality Standards. Inside of Outstanding Florida Waters
(OFW), turbidity of more than 10 NTUs (see permit for changes) above
background at the edge of the mixing zone is a violation of permit
conditions. There may be turbidity standards for seagrass and hardbottom
in the final permit. Turbidity is to be analyzed on-site as soon as possible
after collection.
8.2.4 Frequency: The background and monitoring stations shall be sampled at
the dredge site, beach fill site(s), and at other sites at frequencies described
in the State permit. At least one set of samples shall be taken on an
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incoming tide each day. Sample locations: Samples shall be taken at the
locations shown within the permit and at the specified distances. Review
the permit for the latest requirements for turbidity monitoring.
8.2.5 Weekly summaries of all monitoring data shall be submitted to the Bureau
of Beaches and Coastal Systems, the FDEP South District Office (Fort
Myers) and the ENGINEER within one week of analysis with documents
containing the following information: (1) permit number; (2) dates and
times of sampling and analysis; (3) a statement describing the methods
used in collection, handling, storage and analysis of the samples; (4) a map
indicating the sampling locations; and (5) a statement by the individual
responsible for implementation of the sampling program concerning the
authenticity, precision, limits of detection and accuracy of the data. The
ENGINEER copy shall be provided one day prior to the State copy.
8.2.6 The compliance locations shall be considered the limits of the temporary
mixing zone for turbidity allowed during construction. If monitoring
reveals turbidity levels greater than stated permit conditions in a visible
turbidity plume or near a seagrass bed, the CONTRACTOR shall ~
immediatelv construction activities and shall not resume until corrective
measures have been taken and turbidity has returned to acceptable levels.
In addition, the CONTRACTOR shall notify Collier County immediately
or on the morning of the following work day ifit occurs after normal work
hours.
8.3 Hardbottom Communities
8.3.1 Hardbottom communities exist offshore of Collier County, near the area to
be dredged and the spoil site. The CONTRACTOR shall avoid contact
with any and all hardbottom communities which are to be protected during
performance of the work and in mobilization and demobilization to and
from the project site. The Plans reflect the location of hardbottom in the
general project area for the convenience of the CONTRACTOR.
However, the CONTRACTOR SHALL NOT depend solely on the
mapped hard bottom shown on the Plans. It will be the responsibility ofthe
CONTRACTOR to utilize divers or observers, and/or any other means to
ensure that there are no hardbottom formations where the CONTRACTOR
elects to place pipes, spuds, anchors, cables, drag arms or any other
objects on the bottom. The CONTRACTOR shall use all means necessary
to prevent impacts to the hardbottom. It will be solely the responsibility of
the CONTRACTOR to avoid all hardbottom formations and hardbottom
biological communities.
8.3.2 ENCROACHMENT ON, OR CONTACT WITH, HARDBOTTOM
COMMUNITIES BY ANCHORS, CABLES, PIPES, SPUDS, DRAG
ARMS, CUTTERHEAD OR ANY OTHER DREDGE EQUIPMENT IS
STRICTL Y PROHIBITED. The CONTRACTOR shall take note that the
State of Florida has levied significant fines to dredge contractors who have
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damaged protected hardbottom communities. The CONTRACTOR shall
be responsible for any and all fines, or legal expenses, or hardbottom
repairs or mitigation requirements incurred by the CONTRACTOR,
Collier County, and the ENGINEER in the event that the CONTRACTOR
has damaged hardbottom communities in the project area.
8.3.3 At no time shall the CONTRACTOR be permitted to lay cables or pipe or
any other object on any hardbottom resources, or within 75 feet of the
hardbottom resources. Additionally, pipes transporting sediment to the
Spoil Site shall be maintained without leaks to avoid spreading sediment
over the bottom. Any leaks shall be promptly repaired before pumping
operations may continue. The CONTRACTOR shall also exercise caution
in operating all vessels in shallow water.
8.3.4 The CONTRACTOR shall make every effort to avoid the placement of
pipeline on existing hardbottom. Measures shall be taken to adequately
prevent damage to hardbottom by movement of the pipeline. It is the
CONTRACTOR's responsibility to ensure that the pipeline is not placed
on hardbottom areas.
8.3.5 Mobilization and demobilization to, and from, the project site will be
controlled by the CONTRACTOR to avoid contact with any and all
hardbottom formations. A VOIDANCE OF DAMAGE TO
HARDBOTTOMS IS THE RESPONSIBILITY OF THE
CONTRACTOR.
8.3.6 No cables, equipment or other objects shall hang over the side of the
dredge, any barges or tugs, or any other vessels, floating pipelines,
pontoons or floating equipment. There shall be no anchoring of the dredge
or any attendant equipment (vessels, barges, etc.) outside of the limits of
the area to be dredged. These measures are required to avoid hardbottom
damage from sagging cables or other objects.
8.4 Seagrass Protection
8.4.1 Seagrass communities exist near the area to be dredged. The
CONTRACTOR shall avoid contact with any and all seagrass
communities. The Plans reflect the location of seagrasses in the general
project area inside the inlet for the convenience of the CONTRACTOR.
However, the CONTRACTOR SHALL NOT depend solely on the
seagrasses locations shown on the Plans. It will be the responsibility of the
CONTRACTOR to utilize divers or observers and/or any other means to
ensure that there are no seagrasses where the CONTRACTOR elects to
place pipes, spuds, anchors, cables, drag arms or any other objects on the
bottom. The CONTRACTOR shall use all means necessary to prevent
impacts to the seagrasses. It will be solely the responsibility of the
CONTRACTOR to avoid all seagrass areas. Mangroves also exist further
inside the inlet, and should be given similar protection.
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8.4.2 ENCROACHMENT ON, OR CONTACT WITH, SEAGRASSES IS
STRICTL Y PROHIBITED. The CONTRACTOR is responsible to utilize
his/her own resources to identify and avoid contact with or damage to
seagrass areas. At no time shall the CONTRACTOR be permitted to
excavate, place fill on, traverse in any way, or place or store any
equipment or material on any seagrass resources. Pipeline shall be floated
across all areas containing seagrasses. The CONTRACTOR shall take
note that the State of Florida has levied significant fines to contractors
who have damaged seagrass communities. The CONTRACTOR shall be
responsible for any and all fines, or legal expenses, or repairs or mitigation
requirements incurred by the CONTRACTOR, Collier County, and the
ENGINEER in the event that the CONTRACTOR has damaged seagrass
communities.
8.4.3 If living seagrass is found in the area to be dredged or the Spoil Site, the
CONTRACTOR shall inform the ENGINEER, who will direct the
CONTRACTOR on whether or how to continue with the excavation.
8.4.4 Seagrasses are susceptible to damage caused by turbidity. The
CONTRACTOR shall make every effort to avoid increasing the turbidity
level as a result of the dredging activities, including the provisions in
Section 8.2, "Turbidity". The CONTRACTOR is to follow all
requirements concerning water quality as provided by permits for the
project. In the event of a turbidity violation or high turbidity levels as
observed by the ENGINEER, Collier County, or agency representatives,
the CONTRACTOR shall cease construction and take immediate
corrective action. The corrective action shall comply with the project
permits as well as the direction ofthe ENGINEER and Collier County. All
turbidity testing and other measures shall be performed by the
CONTRACTOR at his or her own expense.
9.0 SURVEYS.
9.1 Pre-dredge and Post-Construction Surveys: The CONTRACTOR will conduct a
pre-dredge and post-construction survey of the project area and the cost will be
paid 40% for completion and acceptance of the pre-construction survey and the
remainder on completion and acceptance of the post-construction survey. The
results will be used to update the dredge volume and identify any new regions
requiring dredging. Generally, the survey cross-sections are at 100 foot intervals,
and they will be surveyed not only across the defined navigation channel but also
extend out to the lateral limits defined in the plan and cross-section views shown
in the plans and Appendix E. The post-construction survey will include at least
the same region surveyed pre-construction.
The pre-dredge survey limits for Wiggins Pass will extend from Station -2+00 to
15+00 and at the FDEP profiles located within the designated spoil area.
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The post-construction survey will include a center line survey of the navigation
channel from Station -2+00 to +15+00. The survey will extend laterally to the
limits shown on the plans. Profiles R-10 to R-22 will be surveyed 2000 feet
offshore at the azimuth shown in the plans, and as described in Appendix E. A
special MHW survey will be conducted north of R -17.
The CONTRACTOR can use the post-construction survey as the pay surveyor
conduct the two surveys separately. The post-construction survey shall be
completed after all the work is complete.
The spoil site (R-12 to R-14) shall be surveyed pre- and post-construction at the
R-monuments specified above and in the Physical Monitoring Plan and at the
mid-point between monuments. The surveys will extend 2,000 feet offshore. The
same lines must be surveyed pre- and post-construction. The channel center line
survey shall be completed once construction is complete.
9.2 Acceptance (Pay) Surveys: To be eligible for payment under PROGRESS
PAYMENTS of the CONSTRUCTION AGREEMENT, the CONTRACTOR
shall perform an acceptance survey prior to payment for an acceptance section.
The CONTRACTOR shall notify the ENGINEER at least 24 hours prior to
conducting a survey. At the option of the ENGINEER, the survey shall be
performed under the observation of the ENGINEER. All surveys shall be
performed in accordance with the paragraphs below:
9.2.1 Acceptance surveys shall be scheduled so that field notes and
computations can be furnished to the ENGINEER. If the ENGINEER's
first review of the survey data shows that additional survey work is
required in an area to conform to the standards below, the
CONTRACTOR shall take additional elevations and/or soundings where
the additional survey work is required. The CONTRACTOR shall take
elevations and soundings until the ENGINEER deems the survey in such
area to be in compliance with these specifications.
9.2.2 Acceptance surveys shall cover, as a minimum, the area surveyed during
the Pre-dredge Survey. The Contractor shall survey along the same lines
surveyed during the Pre-dredge Survey. The acceptance survey may count
as the post-construction survey in consultation with the ENGINEER, if
conditions have not changed significantly during construction.
9.2.3 During all acceptance surveys, elevations and soundings shall be taken
along each survey line at intervals of no more than 25 feet and at all break
points.
9.2.4 Hydrographic survey profiles shall be conducted by the CONTRACTOR
using standard electronic positioning and hydrographic surveying
equipment and techniques. The CONTRACTOR shall utilize electronic
positioning equipment which has a minimum accuracy of 3 feet
horizontal. The CONTRACTOR shall utilize an Innerspace Model 448
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thermal depth sounder recorder or equivalent. The CONTRACTOR shall
use measured tides to correct depth soundings.
9.2.5 The CONTRACTOR shall maintain complete and accurate field notes,
sketches, recordings and computations required in establishing the
necessary horizontal and vertical control. All survey data shall be recorded
in accordance with accepted standards and as approved by the
ENGINEER. All the above data shall be available at all times during the
progress of the work for ready examination and use by the ENGINEER.
Upon request of the ENGINEER, the CONTRACTOR shall furnish a
copy of above survey data. In addition to printed and handwritten survey
data specified in this paragraph, the CONTRACTOR shall record his
survey data in the following electronic, ASCII (plain text), comma
delimited format:
Col.-I Col.-2 Col.-3 Col.-4
Easting (feet), Northing (feet), Elevation (feet), CL Station or
Profile Line
The easting and northing values must be referenced to the Florida State
Plane Coordinate System, East Zone, and NAD 83. Elevation values must
be referenced to the vertical datum appearing on the plans. Data
referenced to any other horizontal or vertical datum will be rejected by
the ENGINEER and returned to the CONTRACTOR for revision. Data
must be in ASCII (plain text), comma delimited format. Data submitted
in any other electronic format will be rejected by the ENGINEER and
returned to the CONTRACTOR for revision. Data shall be submitted to
ENGINEER on CD-ROM or e-mailed to the ENGINEER care of:
Steve Keehn, P.E.
Coastal Planning & Engineering, Inc.
skeehn@coastalplanning.net
The CONTRACTOR shall not be paid for dredging without submission
of survey data for the acceptance section from which the material was
dredged. The survey information will be used by the ENGINEER to
control and make adjustments to the volume of beach fill placed along the
beach.
9.2.6 The data collected by the surveys shall be reviewed, signed, and sealed by
a Professional Surveyor and Mapper (PSM) registered in the State of
Florida, to FDEP standards.
9.3 The ENGINEER and Collier County reserve the right to make such surveys as
necessary for verification of surveys made by the CONTRACTOR.
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9.4 In addition to the above requirements, the CONTRACTOR shall compute the
amount of fill removed based on the Pre-dredge Survey and the
CONTRACTOR's acceptance surveys using the average end-area method. The
ENGINEER reserves the right to independently estimate the amount of material
removed from the new channel based on the Pre-Construction Survey, the
CONTRACTOR's acceptance surveys, or any before- or after-dredge surveys
performed by the ENGINEER or Collier County. Ifthere are substantial conflicts
or differences between the CONTRACTOR's estimate and the ENGINEER's
estimate, the amount paid to the CONTRACTOR by the Owner shall be based on
the ENGINEER's estimate.
9.5 In all cases, payment shall be governed by the paragraphs below, "Overdepth and
Side Slopes" and "Measurement and Payment". Paper plots of the survey profiles
along with computations shall be furnished to the ENGINEER.
9.6 Overdepth and Side Slopes: Overdepth dredging is NOT permitted under the
current permits in some areas, is noted on the plans where it applies. The
CONTRACTOR shall take care to avoid dredging beyond the design depth or
designated overdepth appearing in the plans. Material taken from beyond the
design depth or designated overdepth appearing in the plans:
(a) will be considered a violation of the permits,
(b) will be deducted from the total amount dredged as excessive dredging, and
(c) will not be paid for.
Material actually removed within the limits shown on the plans, leaving final
side-slopes no flatter than 1 vertical to 4 horizontal for Wiggins Pass will be paid
for, whether accomplished by dredging the original position or the space below
the pay slope plane and allowing up slope materials to fall into the cut. If any
material is removed from below the design depth, the designated overdepth, or
outside of the indicated side-slopes, the volume of such material will be deducted
from the amount paid to the CONTRACTOR. The maximum pay volume is the
amount shown on the bid form.
9.7 Measurement and Payment: The total volume of all material removed and to be
paid for under this contract for the bid item "Maintenance dredging and sand
disposal for Wiggins Pass" will be measured by the cubic yards removed from the
navigation channels, by computing the volume between the bottom surface as
shown by the Pre-Construction Survey and the bottom surface as shown by the
CONTRACTOR's acceptance surveys. Volumes shall be calculated using the
average end-area method. The calculations will exclude any volume of material.
(a) removed from beyond the limits of the side-slopes,
(b) removed from below the allowable design depth,
(c) misplaced, or;
(d) removed from areas not surveyed by the CONTRACTOR.
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All pay quantities shall be determined based on the pre-construction surveys and
the after-dredging surveys conducted by the CONTRACTOR, ENGINEER, or
Collier County.
9.8 The maximum pay volume is the amount shown on the bid form, unless
modified by change order. Acceptance will be based on full dredging of the
cross-section down to the design cut. If changes to the cross-sections are needed
to match bid volume to current conditions, they will be made at the pre-
construction meeting.
10.0 MOBILIZATION AND DEMOBILIZATION.
10.1 All costs connected with the mobilization and demobilization of all the
CONTRACTOR's plant and equipment, including dredge plant and equipment, if
used, will be paid for at the contract lump sum price for this item. Sixty percent
(60%) of the lump sum price will be paid to the CONTRACTOR after
commencement of dredging and placement of a quantity of, at minimum, one
thousand (1,000) cubic yards of material in a twenty-four (24) hour period (or less
time). The CONTRACTOR's survey records will be used to demonstrate the
volume placed and the ENGINEER, at his discretion, may verify the survey
results.
10.2 The remaining forty percent (40%) will be included in the final payment for work
under this Contract. In the event the ENGINEER considers that the amount in this
item, which represents mobilization, does not bear a reasonable relation to the
cost of the work in this contract, the ENGINEER may require the
CONTRACTOR to produce cost data to justify this portion of the bid. Failure to
justify such price to the satisfaction of the ENGINEER will result in payment of
actual mobilization costs, as determined by the ENGINEER at the completion of
mobilization, and payment of the remainder of this item in the final payment
under this Contract.
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III. ENVIRONMENTAL PROTECTION
1.0. ENVIRONMENTAL PROTECTION.
1.1 For the purpose of this specification, environmental protection is defined as the
retention of the environment in its natural state to the extent possible during
project construction and to enhance the natural appearance in its final condition.
Environmental protection requires consideration of air, water, and land, and
involves noise, solid waste management as well as other pollutants. In order to
prevent any environmental pollution arising from the construction activities in the
performance of this Contract, the CONTRACTOR and his Subcontractors shall
comply with all applicable Federal, State and local laws and regulations
concerning environmental pollution control and abatement.
1.2 The CONTRACTOR must be familiar with permit conditions for Wiggins Pass
dredging and the berm restoration project. Not all permit conditions are explicitly
stated within the Technical Specifications, but can be found within the permits in
Appendices A and B.
1.3 Subcontractors: Compliance with the provisions of this section by the
Subcontractors will be the responsibility of the CONTRACTOR.
1.4 Prevention of Landscape Defacement.
1.4.1 The CONTRACTOR shall not deface, injure, or destroy dune vegetation,
trees or shrubs, nor remove or cut them without the authority of the
ENGINEER. Ropes, cables, or guys shall not be fastened to or attached to
any existing nearby trees or existing structures. Where the possibility
exists that trees may be defaced, bruised, injured, or otherwise damaged
by the CONTRACTOR's equipment or operations, the CONTRACTOR
shall adequately protect such trees. Monuments and markers shall be
protected before construction operations commence.
1.4.2 Restoration of Landscape Damage. Any trees, beach vegetation, or other
landscape feature scarred or damaged by the CONTRACTOR's equipment
or operations shall be restored to a condition satisfactory to the
ENGINEER. Experienced workmen shall perform restoration of scarred
and damaged trees in an approved manner. Trees damaged beyond
restoration shall be removed and disposed of by CONTRACTOR in a
manner approved by ENGINEER. Trees that are to be removed because of
damage shall be replaced at the CONTRACTOR's expense by nursery-
grown trees of the same species or a species approved by the ENGINEER.
The ENGINEER shall also approve the size and quality of nursery-grown
trees.
1.4.3 Any upland storage areas required by the CONTRACTOR shall be the
responsibility of the CONTRACTOR, and the CONTRACTOR shall
obtain all necessary approvals for any such areas.
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1.5 Post-Construction Cleanup or Obliteration: The CONTRACTOR shall obliterate
all signs of construction WORK areas, waste materials, or any other vestiges of
construction, including grade stakes, as directed by ENGINEER. The area will be
restored to near natural conditions.
1.6 Spillage: Special measures shall be taken by the CONTRACTOR to prevent bilge
pumpage or effluent, chemicals, fuels, oils, greases, bituminous materials, waste
washing, herbicides and insecticides from entering public waters.
1. 7 Disposal: Disposal of any materials, wastes, effluent, trash, garbage, oil, grease,
chemicals, etc., in areas adjacent to streams or other waters of the State shall not
be permitted. If any waste materials are dumped in unauthorized areas, the
CONTRACTOR shall remove the material(s) and restore the area(s) to the
original condition. Ifnecessary, contaminated ground shall be excavated, disposed
of as directed by ENGINEER, and replaced with suitable fill material, compacted
and finished with a suitable and compatible top layer of material and planted as
required to reestablish vegetation.
1.8 Additional Costs: No separate payment will be made for the prevention, control,
or abatement of environmental pollution, and all costs in connection therewith or
incidental thereto shall be included in the applicable unit price per cubic yard for
dredging.
1.9 Manatees
1.9.1 In order to ensure that manatees are not adversely affected by the
construction activities as described in these specifications, the State DEP
permit requires the following:
1.9.1.1 All vessels associated with the project will be required to
operate at "no wake" speeds at all times while in waters where
the draft of the vessel provides less than four feet of clearance
from the bottom. All vessels shall follow routes of deep water
whenever possible.
1.9.1.2 The CONTRACTOR shall instruct all personnel associated with
the project of the potential presence of manatees and the need to
avoid collisions with the manatees. CONTRACTOR shall be
responsible for all construction personnel to observe water-
related activities for the presence of manatees, and shall
implement appropriate precautions to ensure protection of
manatees.
1.9.1.3 CONTRACTOR shall advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or
killing manatees that are protected under the Marine Mammal
Protection Act of 1972, the Endangered Species Act of 1973,
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and the Florida Manatee Sanctuary Act. The CONTRACTOR
will be held responsible for any manatee harmed, harassed, or
killed as a result of construction of the Project.
1.9.1.4 Prior to commencement of construction of the Project, the
CONTRACTOR shall construct and display temporary signs
concerning manatees.
1.9.1.4.1 For vessels, CONTRACTOR shall place a
temporary sign measuring at least 8.5" X 11 "
reading "Manatee Habitat/Idle Speed in
Construction Area" in a prominent location visible
to employees operating the vessels.
1.9.1.4.2 In the absence of a vessel, CONTRACTOR shall
place a temporary sign at least 2' X 2' reading
"Warning: Manatee Habitat" in a location
prominently visible to land based, water-related
construction crews.
1.9.1.4.3 CONTRACTOR shall place a second temporary
sign at least 8 1/2" X II" reading "Warning:
Manatee Habitat. Operation of any equipment
closer than 50 feet to a manatee shall necessitate
immediate shutdown of that equipment. Any
collision with and/or injury to a manatee shall be
reported immediately to the Florida Marine Patrol at
(800) DIAL-FMP or (800) 342-5367". A sign
measuring at least 3 ft. by 4 ft. that reads "Caution
Manatee Area" will be posted if vessels are
associated with the construction, and should be
placed visible to the vessel operator.
1.9.1.5 Siltation barriers, if used, shall be made of material in which
manatees cannot become entangled, are properly secured, and
are regularly monitored to avoid manatee entrapment. Barriers
must not block manatee entry to or exit from essential habitat.
1.9.1.6 If manatees are seen within 100 yards of the active daily
construction/dredging operation, CONTRACTOR shall ensure
that all appropriate precautions shall be implemented to ensure
protection of the manatee. These precautions shall include the
operation of all moving equipment no closer than 50 feet of a
manatee. CONTRACTOR is advised that operation of any
equipment closer than 50 feet to a manatee shall necessitate
immediate shutdown of that equipment.
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1.9.1.7 CONTRACTOR shall report any collision with and/or injury to
a manatee immediately to the Florida Marine Patrol (800)
DIAL-FMP, or (800) 342-5367, and to the Florida Bureau of
Protected Species Management at (904) 922-4330.
1.10 Marine Turtle Nesting Protection
1.10.1 To facilitate turtle monitoring by Collier County, the CONTRACTOR
shall provide a copy his construction schedule and all updates of that
schedule to the Collier County Turtle Program through the Coastal Zone
Management Department.
1.10.2 From April 1 through November 30, all project lighting shall be limited to
the immediate area of active construction only and shall be the minimal
lighting necessary to comply with U.S. Coast Guard and/or OSHA
requirements. Stationary lighting on the beach and all lighting on the
dredge shall be minimized through reduction, shielding, lowering, and
appropriate placement of lights to minimize illumination of the nesting
beach and water.
1.10.3 Upon locating a dead, injured, or sick endangered or threatened sea turtle
specimen, initial notification must be made to Collier County
Environmental Services at (239) 890-6486, and then to the FWC at (888)
404-FWCC. Care should be taken in handling sick or injured specimens to
ensure effective treatment and care and in handling dead specimens to
preserve biological materials in the best possible state for later analysis of
cause of death. In conjunction with the care of sick or injured endangered
or threatened species or preservation of biological materials from a dead
animal, the finder has the responsibility to ensure that evidence intrinsic to
the specimen is not unnecessarily disturbed.
1.10.4 No construction, operation, transportation or storage of equipment or
material are authorized for beach or nearshore placement or groin repair
during marine turtle nesting season (May 1 to October 31).
2.0 FINAL CLEANUP.
2.1 Final clean-up shall include the removal of all the CONTRACTOR's plant and
equipment either for disposal or reuse. Plant and equipment to be disposed of
shall only be disposed of in a manner and at locations approved by the
ENGINEER.
2.2 Unless otherwise approved in writing by the ENGINEER, the CONTRACTOR
will not be permitted to abandon any equipment in the disposal area for dredged
materials, pipeline access areas, beach fill areas, or other areas adjacent to the
work site.
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3.0 RESTRICTION OF ACCESS BY THE PUBLIC.
3.1 CONTRACTOR shall erect such barricades, fences and signs as necessary to
prevent public access to the construction area around the pipeline discharge.
CONTRACTOR shall also be responsible to post appropriate warnings within the
construction area and within the water to prevent pedestrians from swimming
within an area affected by the construction project. It will be the
CONTRACTOR's responsibility to insure that the construction project area is
sufficiently posted and monitored to prevent swimmers, boaters, and pedestrians
from injury from the construction. The disposal area is adjacent to beach used for
recreation during all seasons ofthe year.
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APPENDIX A
~GGINSPASSPERNUTS
To be Provided
APPENDIX B
SAMPLE DAILY QUALITY CONTROL REPORT, WIGGINS PASS
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DAIL Y CONTRACTOR QUALITY CONTROL REPORT
Date: Report No.
(Report is due by 2:00 p.m. of the following day)
PROJECT: 2010 WIGGINS PASS INTERIM MAINTENANCE DREDGING PROJECT
WEATHER: (Clear) (P. Cloudy) (Cloudy) TEMP. Min. Max.
Wind Speed mph Direction_
Wave Height at:
Dredge Site feet
Beach disposal feet
Wave Direction
LOCA nON OF DISCHARGE:
state plane coordinate)
Y=
(baseline station, monument plus a distance, or
LOCA nON OF DREDGE:
state plane coordinate)
Y=
(baseline station, monument plus a distance, or
CONTRACTOR/SUB-CONTRACTOR and area of responsibility:
1. Work Performed Today: (Indicate location and description of work performed. Provide
dredged quantities and disposal areas over last 24 hours. Attach dredge position printouts
and plot to this report).
2. Results of Surveillance: (Include satisfactory work completed or deficiencies with action to
be taken.)
3. Environmental Monitoring: Was environmental monitoring conducted today in compliance
with project permit requirements and environmental protection laws, and the results provided
to the ENGINEER (Yes/No)?
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4. List comments or instructions received from regulatory or law enforcement agencies (FDEP,
Corps, F&WS)
5. Verbal Instructions Received: (List any instructions given by the ENGINEER, construction
deficiencies, retesting required, etc., with action to be taken.)
6. Remarks: (Cover delays and any conflicts in Plans, Specifications or instructions.)
7. Safety Inspection: (Report violations noted; corrective instructions given; and corrective
actions taken.)
8. Equipment Data: (Indicate major items of construction equipment and vessels at job site and
whether or not used or operable.)
9. Dredge Status: (Is the dredge working, not operating due to weather/sea state, or is it under
repair?)
1 O. Avoidance of Overdredging: Do you certify that the dredge has excavated within the limits
ofthe dredge areas, as shown in the Plans (Yes/No)?
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11. Progress Summary:
This Day To Date
Worked Hours
Downtime Hours (Explain Below)
Volume Dredged (Estimated c.v.)
% Completed
Explanation of Downtime:
CONTRACTOR's Verification: The above report is complete and correct. The equipment used and
the work performed during this reporting period are in compliance with the Contract Plans and
Specifications except as noted above.
CONTRACTOR's Approved Authorized Representative
Note: This report is not complete without a continuous plot of dredge locations and depths.
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APPENDIX C
SURVEY CONTROL
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Control "A" Monuments
DESIGNATION
STAMPING
NORTHING
EASTING
HORIZONTAL Root Mean S uare Error
ELEVATION
VERTICAL Root Mean S uare Error
DESCRIPTION
64 78 A04
64 78 A04
707470.563
384555.961
0.019
5.55 feet
0.036
Located at the edge of vegetation 1680 feet north of
R22.
DESIGNATION
STAMPING
NORTHING
EASTING
HORIZONTAL Root Mean S uare Error
ELEVATION
VERTICAL Root Mean S uare Error
DESCRIPTION
64 78 A05
64 78 A05
701607.701
385862.816
0.018
6.99 feet
0.036
Located at the edge of vegetation 240 feet south of
R26.
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R-Monument Locations
Adjacent Beaches to Wiggins Pass
"R"-Monument FDEP Given Control
Monument Northing Easting Azimuth
R-II 716979.20 382597.60 270
R-12 715976.30 382815.00 270
R-13 715004.90 383185.00 270
R-14 714033.80 383389.30 270
R-15 713027.60 383619.90 260
R-16 711997.00 383784.40 270
R-17 710889.50 383927.40 270
R-18 709906.70 384127.00 270
R-19 708878.00 384326.00 270
R-20 707866.60 384517.50 270
R-21 706858.30 384728.90 270
R-22 705839.50 384938.90 270
NAD 83 FL East Zone
Wiggins Pass Cross-Sections
Station 0+00 Locations
Ebb Shoal Stations
Monument Northing Easting Azimuth
-2+00 711947.44 383738.53 172.2
-1+00 712131.94 383612.16 172.2
0+00 712316.38 383485.81 172.2
1+00 712302.75 383386.75 172.2
2+00 712289.06 383287.69 172.2
3+00 712275.44 383188.63 172.2
4+00 712261.75 383089.56 172.2
5+00 712248.13 382990.47 172.2
6+00 712234.50 382891.41 172.2
7+00 712220.81 382792.38 172.2
8+00 712207.19 382693.28 172.2
9+00 712193.50 382594.22 172.2
10+00 712179.88 382495.16 172.2
11+00 712166.19 382396.09 172.2
12+00 712152.56 382297.03 172.2
13+00 712138.88 382197.97 172.2
14+00 712125.25 382098.91 172.2
15+00 712111.63 381999.84 172.2
NAD 83 FL East Zone
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APPENDIX D
QAlQC PLANS FOR
~GGINSPASSN.UUNTENANCEDREDGING
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SEDIMENT QUALITY CONTROL/QUALITY ASSURANCE PLAN
FOR NEARSHORE PLACEMENT OF SEDIMENT FROM MAINTENANCE DREDGING
FDEP Permit No.0142538-009-JC
COLLIER COUNTY
WIGGINS PASS INTERIM MAINTENANCE DREDGING PROJECT
SEPTEMBER 10,2010
A. INTRODUCTION
As indicated in the title above, this template plan is for use for nearshore placement of sediment from maintenance
dredging of navigation channels and sediment impoundment basins. A different plan document will be used for
beach restoration or nourishment using an offshore borrow area.
Pursuant to Fla. Admin. Code r. 62B-41.008 (I) (k) 4.b., permit applications for inlet excavation, beach restoration,
or nourishment shall include a quality controVassurance plan that will ensure that the sediment from the borrow
areas to be used in the project will meet the standard in Fla. Admin. Code r. 62B-41.007(2)0) and (k). To protect
the environmental functions of Florida's beaches, only beach compatible fill shall be placed on the beach or the
nearshore. Beach compatible fill is material that maintains the general character and functionality of the material
occurring on the beach or the nearshore and in the adjacent dune and coastal system.
The Permittee has conducted geotechnical investigations that provide adequate data concerning the character of the
sediment and the quantities available within the spatial limits of the permitted dredge cuts. The Permittee has
provided an analysis of the existing or native sediment and the sediment within the permitted dredge cuts that
demonstrates its compatibility with the naturally occurring beach sediment in accordance with
Fla. Admin. Code r. 62B-41.007(2)0).
Based upon this information and the design of the maintenance dredge project, the Department of Environmental
Protection (Department) has determined that nearshore placement of the sediment from the dredge area(s) will
maintain the general character and functionality of the sediment occurring on the beach and in the nearshore area.
Furthermore, this information and the borrow area design provides sufficient quality control/quality assurance
(QC/QA) that the mean grain size and carbonate content of the sediment from the dredge cuts will meet the
requirements of Fla. Admin. Code r. 62B-41.007(2)0); hence, additional QC/QA procedures are not required for
these sediment parameters during construction.
This plan outlines the responsibilities of each stakeholder in the project as they relate to the placement of beach
compatible material in the nearshore. These responsibilities are in response to the possibility that non-beach
compatible sediments may exist within the dredge cuts and could be unintentionally placed in the nearshore. The
QC Plan specifies the minimum construction management, inspection, and reporting requirements placed on the
Marine Dredging Contractor and enforced by the Permittee, to ensure that the sediment to be placed in the nearshore
from the dredge cuts meet the compliance specifications. The QA Plan specifies the minimum construction
oversight, inspection, and reporting requirements to be undertaken by the Permittee or the Permittee's On-Site
Representative to observe, sample, and test the placed sediments to verify the sediments are in compliance.
B. SEDIMENT QUALITY SPECIFICATIONS
The sediment from the dredge cut(s) is similar in Munsell color and grain size distribution to the material in the
existing coastal system at the nearshore placement site. The Department and the Permittee acknowledge that it is
possible that discrete occurrences of non-beach compatible sediments may exist within the permitted dredge cuts
that do not comply with the limiting parameters of Fla. Admin. Code r. 62B-41.007(2)0) 1. - 5., or vary in Munsell
color from the composite value. Furthermore, the Department may consider more restrictive values for the sediment
parameters to ensure that the sediment from the dredge cuts is similar in color and grain size distribution to the
sediment in the existing coastal system at the nearshore placement site. Specifically, although Fla. Admin. Code r.
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62B-41.007(2)(k), deems sediment from maintenance dredging containing up to a 10% fine material passing the
#230 sieve to be suitable for beach placement, a compliance value of less than 10% is necessary to meet water
quality standards and maintain the general character and environmental functions of the existing nearshore.
Therefore, fill material compliance specifications for the sediment from the navigation channel proposed for this
project are provided in Table 1.
The compliance specifications take into account the variability of sediment on the native beach or existing
nearshore, and are values which may reasonably be attained given what is known about the sediment from the
dredge cuts. Nearshore disposal material which falls outside of these limits will be considered unacceptable and
subject to remediation.
Table 1- Sediment Compliance Specifications
Sediment Parameter Parameter Definition Compliance Value
Max. Silt Content passing #230 sieve 5%
Max. Shell Content* retained on #4 sieve 40%
Munsell Color Value moist Value (chroma = 1) /6/ or lighter
The nearshore disposal material shall not contain construction debris, toxic material, other foreign
matter. coarse l!ravel or rocks.
*Shell Content is used as the indicator of fine gravel content for the implementation
of quality control/quality assurance procedures.
C. QUALITY CONTROL PLAN
The contract documents shall incorporate the following technical requirements, or equivalent language that
addresses the location of dredging, sediment quality monitoring in the nearshore, and, if necessary, remedial
actions. The Permittee will seek to enforce these contract requirements during the execution of work.
1. Electronic Positioning and Dredge Depth Monitoring Equipment. The Contractor will continuously operate
electronic positioning equipment, approved by the Engineer, to monitor the precise positioning of the excavation
device location(s) and depth(s). A Differential Global Positioning System (DGPS) or equivalent system providing
equal or better accuracy will be used to determine the horizontal position and will be interfaced with an appropriate
depth measuring device to determine the vertical position of the bottom of the excavation device. The horizontal
positioning equipment will maintain an accuracy of +/- 3.0 feet. The vertical positioning equipment will maintain a
vertical accuracy of +/-0.5 feet with continuous applicable tidal corrections measured at the project site.
2. Dredge Location Control. The Contractor is required to have, in continuous operation on the dredge, electronic
position recording equipment that will accurately compute and plot the position of the dredge. Such fixes, and the
accompanying plots, will be furnished to the Permittee's on-site representative daily as part of the QC Reports. The
electronic positioning equipment will be installed on the dredge so as to monitor, as closely as possible, the actual
location of the excavation device(s). The location of the master antenna on the dredge and the distance and direction
from the master antenna to the bottom of the excavation device will be reported on the Daily Reports. A printout of
the excavation device positions in State Plane Coordinates, the excavation device depths corrected for tide elevation
and referenced to the North American Vertical Datum of 1988 (NA VD 88) and the time, will be maintained using an
interval of two (2) minutes for each printed fix. A printed and computer file (in ASCII format) copy of the position
data will be provided to the Engineer as part of the daily report. The Contractor will prepare a plot of the data that
includes the State Plane Coordinate grid system and the dredge channel limits. The format of the plot may be
subject to approval by the Permittee's Engineer. No dredging will take place outside of the borrow area limits
(horizontal and vertical limits) as shown on the drawings.
3. Dredging Observation. The Contractor will be responsible for establishing such control as may be necessary to
insure that the allowable excavation depths and spatial limits are not exceeded. If the Contractor encounters
noncompliant sediment during dredging, the Contractor will immediately cease dredging, relocate the dredge into
compliant sediment, and will verbally notifY the Permittee's on-site representative, providing the time, location, and
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description of the noncompliant sediment. The Contractor will also report any encounters with noncompliant
sediment in the Contractor's Daily Report, providing depth and location in State Plane Coordinates of said materials
within the dredge cut(s). The Contractor, in cooperation with the Permittee's Engineer, will use the dredge
positioning records, plans, and vibracore descriptions to determine where the Contractor may dredge to avoid
additional nearshore placement of noncompliant sediment. The Contractor will adjust the construction operation to
avoid the noncompliant sediment to the greatest extent practicable.
4. Nearshore Observation. The Contractor will continuously visually monitor the sediment being discharged in the
nearshore. If noncompliant sediment is placed in the nearshore, the Contractor will immediately cease dredging,
relocate the dredge into compliant sediment, and verbally notify the Permittee's on-site representative, providing the
time, location, and description of the noncompliant sediment. The Contractor will also report any encounters with
noncompliant sediment in the Contractor's Daily Report, providing depth and location in State Plane Coordinates of
said materials within the dredge cut(s). The Contractor will take the appropriate remediation actions as directed by
the Permittee or Permittee's Engineer.
5. Vibracore Logs and Grain Size Data. The Contractor will be provided with all descriptions of sediment
vibracore borings and/or sediment samples collected within the dredge cut(s), and will acknowledge that he is aware
of the quality of the sediment as described in the sediment testing. These logs and/or grain size data will be
presented in the construction specifications.
6. Noncompliant Material Handling Provision. The Contractor shall have plans and equipment available for use
to handle any noncompliant material encountered during dredging.
D. QUALITY AsSURANCE PLAN
The Permittee will seek to enforce the construction contract and Department permits related to sediment quality. In
order to do so, the following steps shall be followed:
1. Construction Observation. Construction observation by the Permittee's On-Site Representative will be
performed 5 days a week, at least 8 hours a day during periods of active construction. Most observations will be
conducted during daylight hours; however, random nighttime observations shall be conducted.
2. On-Site Representative. The Permittee will provide on-site observation by individuals with training or
experience in maintenance dredging and disposal and construction inspection and testing, and who are
knowledgeable of the project design and permit conditions. The project Engineer, a qualified coastal engineer, will
actively coordinate with the Permittee's On-Site Representative, who may be an employee or sub-contractor of the
Permittee or the Engineer. Communications will take place between the Engineer and the Permittee's On-Site
Representative on a weekly basis.
3. Pre-Construction Meeting. The project QC/QA Plan will be discussed as a matter of importance at the pre-
construction meeting. The Contractor will be required to acknowledge the goals and intent of the above described
QC/QA Plan, in writing, prior to commencement of construction.
4. Contractor's Daily Reports. The Engineer will review the Contractor's Daily Reports which characterize the
nature of the sediments encountered at the borrow area and placed along the project shoreline with specific reference
to moist sand color and the occurrence of rock, rubble, shell, silt or debris that exceeds acceptable limits. The
Engineer will review the dredge positions in the Contractor's Daily Report.
5. On Call. The Engineer will be continuously on call during the period of construction for the purpose of making
decisions regarding issues that involve QC/QA Plan compliance.
6. Addendums. Any addendum or change order to the Contract between the Permittee and the Contractor will be
evaluated to determine whether or not the change in scope will potentially affect the QC\QA Plan.
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7. During Construction Sampling for Visual Inspection. To assure that the dredged material placed in the
nearshore is in compliance with the permit, the Permittee's Engineer or On-Site Representative will conduct
assessments of the nearshore disposal material as follows:
a. During excavation and fill placement activities, the Permittee's On-Site Representative will collect a
sediment sample at not less than once a day of the nearshore berm discharged from the dredging to visually
assess grain size, Munsell color, shell content, and silt content. The sample shall be a minimum of I U.S. pint
(approximately 200 grams). This assessment will consist of handling the fill material to ensure that it is
predominantly sand, to note the physical characteristics, and to assure the material meets the sediment
compliance parameter specified in this Plan. If deemed necessary, quantitative assessments of the sand will be
conducted for grain size, silt content, shell content and Munsell color using the methods outlined in section
D.8.b. Each sample will be archived with the date, time, and location of the sample. The results of these daily
inspections, regardless of the quality ofthe sediment, will be appended to or notated on the Contractor's Daily
Report. All samples will be stored by the Permittee for at least 30 days after project completion.
b. If the Permittee or Engineer determines that the nearshorematerial does not comply with the sediment
compliance specifications in this QC/QA Plan, the Permitee or Engineer will immediately instruct the
Contractor to cease material excavation operations and take whatever actions necessary to avoid further
nearshore placement of noncompliant sediment. The Contractor, in cooperation with the Permittee's Engineer,
will use the dredge positioning records, plans, and vibracore descriptions to determine where the Contractor
may dredge to avoid additional nearshore placement of noncompliant sediment. The sediment inspection results
will be reported to the Department.
8. Post-Construction Sampling for Laboratory Testing. To assure that the fill material placed in the nearshore
was adequately assessed by the borrow area investigation and design, the Project Engineer will conduct assessments
of the sediment as follows:
a. Post-construction sampling and testing of the fill material will be conducted to verify that the sediment
placed in the nearshore meets the expected criteria/characteristics provided during from the geotechnical
investigation. Upon completion of a500-ft long section of constructed nearshore berm, the Engineer will collect
two (2) duplicate sand samples, preferably at a Department reference monument profile line, to quantitatively
assess the grain size distribution, moist Munsell color, shell content, and silt content for compliance. If the
nearshore placement is along less than 1,000 feet, then duplicate samples shall be collected at a minimum of
three (3) sample locations evenly spaced along the length of the nearshore placement area. The Engineer will
collect the sediment samples of a minimum of 1 U.S. pint (at least 200 grams) each from the bottom of a test
hole a minimum of 18 inches deep within the limits of the constructed berm. The Engineer will visually assess
grain size, Munsell color, shell content, and silt content of the material by handling the fill material to ensure
that it is predominantly sand, and further to note the physical characteristics. The Engineer will note the
existence of any layering or rocks within the test hole. One sample will be sent for laboratory analysis while the
other sample will be archived by the Permittee. All samples and laboratory test results will be labeled with the
Project name, FDEP Reference Monument Profile Line designation, State Plane (X,Y) Coordinate location, date
sample was obtained, and "Construction Berm Sample."
b. All samples will be evaluated for visual attributes (Munsell color and shell content), sieved in accordance
with the applicable sections of ASTM D422-63 (Standard Test Method for Particle-Size Analysis of Soils),
ASTM D 1140 (Standard Test Method for Amount of Material in Soils Finer than No. 200 Sieve), and ASTM
D2487 (Classification of Soils for Engineering Purposes), and analyzed for carbonate content. The samples will
be sieved using the following U.S. Standard Sieve Numbers: 3/4", 5/8", 3.5, 4, 5, 7, 10, 14, 18,25,35,45,60,
80, 120, 170, and 230.
c. A summary table of the sediment samples and test results for the sediment compliance parameters shall
accompany the complete set of laboratory testing results. The column headings will include: Sample Number;
Mean Grain Size (mm); Sorting Value; Silt Content (%); Shell Content (%); Munsell Color Value; and a
column stating whether each sample MET or FAILED the compliance values found in Table 1. The sediment
testing results will be certified by a P.E or P.G. registered in the State of Florida. The Permittee will submit
sediment testing results and analysis report to the Department within 90 days following nearshore placement.
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d. In the event that a section of nearshore contains fill material that is not in compliance with the sediment
compliance specifications, then the Department will be notified. Notification will indicate the volume, aerial
extent and location of any unacceptable nearshore areas and remediation planned.
E. REMEDIATION
1. Compliance Area. If a sample does not meet the compliance value for construction debris, toxic material, other
foreign material, coarse gravel, or rock, the Permittee shall determine the aerial extent and remediate regardless of
the extent of the noncompliant material. If a sample is noncompliant for the silt content, shell content, or Munsell
color and the aerial extent exceeds 10,000 square feet, the Permittee shall remediate. The method of remediating the
nearshore area and the standards to be used will have to be developed, since this is not a dry beach area and
different methods and standards might apply.
2. Notification. If an area of newly constructed nearshore berm does not meet the sediment compliance
specifications, then the Department (JCPCompliance@dep.state.fl.us) will be notified. Notification will indicate the
aerial extent and location of any areas of noncompliant nearshore material and remediation planned. As outlined in
section E.4. below, the Permittee will immediately undertake remediation actions without additional approvals from
the Department. The results of any remediation will be reported to the Department following completion of the
remediation activities and shall indicate the volume of noncompliant fill material removed and replaced.
3. Sampling to determine extent. In order to determine if an area greater than 10,000 square feet of nearshore
material is noncompliant, the following procedure will be performed by the Engineer:
a. Upon determination that the first sediment sample is noncompliant, at minimum, five (5) additional
sediment samples will be collected at a 25-foot spacing in all directions and assessed. If the additional
samples are also noncompliant, then additional samples will be collected at a 25-foot spacing in all
directions until the aerial extent is identified.
b. The samples will be visually compared to the acceptable sand criteria. If deemed necessary by the
Engineer, quantitative assessments of the sand will be conducted for grain size, silt content, shell content,
and Munsell color using the methods outlined in section D.8.b. Samples will be archived by the Permittee.
c. A site map will be prepared depicting the location of all samples and the boundaries of all areas of
noncompliant fill.
d. The total square footage will be determined.
e. The site map and analysis will be included in the Contractor's Daily Report.
4. Actions. The Permittee or Permittee's Engineer shall have the authority to determine whether the material placed
in the nearshore is compliant or noncompliant. If placement of noncompliant material occurs, the Contractor will be
directed by the Permittee or Permittee's Engineer to take the necessary corrective actions. Should a situation arise
during construction that cannot be corrected by the remediation methods described within this QC/QA Plan, the
Department will be notified. The remediation actions for each sediment parameter are as follows:
a. Silt: blending the noncompliant fill material with compliant fill material within the adjacent
construction berm sufficiently to meet the compliance value, or removing the noncompliant fill material.
b. Shell: blending the noncompliant fill material with compliant fill material within the adjacent
construction berm sufficiently to meet the compliance value or removing the noncompliant fill material.
c. Munsell color: blending the noncompliant fill material with compliant fill material within the adjacent
construction berm sufficiently to meet the compliance value or removing the noncompliant fill material.
d. Coarse gravel: screening and removing the noncompliant fill material.
e. Construction debris, toxic material, or other foreign matter: removing the noncompliant fill material.
All noncompliant fill material removed from the nearshore will be transported to an appropriate upland disposal
facility located landward of the Coastal Construction Control Line.
5. Post-Remediation Testing. Re-sampling shall be conducted following any remediation actions in accordance
with the following protocols:
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a. Within the boundaries of the remediation actions, samples will be taken at maximum of25-foot spacing.
b. The samples will be visually compared to the acceptable sand criteria. If deemed necessary by the
Engineer, quantitative assessments of the sand will be conducted for grain size, silt content, and Munsell
color using the methods outlined in section D.8.b. Samples will be archived by the Permittee.
c. A site map will be prepared depicting the location of all samples and the boundaries of all areas of
remediation actions.
6. Reporting. A post-remediation report containing the site map, sediment analysis, and volume of noncompliant fill
material removed and replaced will be submitted to the Department within 7 days following completion of
remediation activities.
All reports or notices relating to this permit shall be emailed and sent to the Department at the following locations:
DEP Bureau of Beaches & Coastal Systems
JCP Compliance Officer
Mail Station 300
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
phone: (850) 414-7716
e-mail: JCPComoliance@deo.state.fl.us
End of Plan
FDEP Draft Version dated October 29, 2009
P/Collier/.... /QA_QC BF SK
Page 60f6
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APPENDIX E
WIGGINS PASS PHYSICAL MONITORING PLANS
10K
WIGGINS PASS MAINTENANCE DREDGING
PHYSICAL MONITORING PLAN
JCP Permit No. 0142538-009-JC
November 5, 2010
Physical monitoring of the Wiggins Pass Maintenance Dredging Project requires the acquisition
of project-specific data pursuant to 62B-41.005(16), F.A.C., to include, at a minimum,
topographic and bathymetric surveys of the beach and navigation channel, aerial photography,
and engineering analysis. The monitoring data is necessary in order for both the project sponsor
and the Department to regularly observe and assess, with quantitative measurements, the
performance of the project, any adverse effects which have occurred, and the need for any
adjustments, modifications, or mitigative response to the project. The scientific monitoring
process also provides the project sponsor and the Department information necessary to plan,
design and optimize subsequent follow-up projects, potentially reducing the need for and costs of
unnecessary work, as well as potentially reducing any environmental impacts that may have
occurred or be expected to. The monitoring plan is based on condition in the previous permit for
the same work (0142538-001-JC), conditions in the new permit (0142538-009-JC) and
guidelines for monitoring beach nourishment project modified for a navigation project.
This Monitoring Plan can be revised at any later time by written request of the permittee and
with the written approval of the Department. If subsequent to approval of the Monitoring Plan
there is a request for modification of the permit, the Department may require revised or
additional monitoring requirements as a condition of approval of the permit modification.
The plan contains the following items:
a. Topographic and bathymetric profile surveys of the beach and offshore shall be
conducted within 90 days prior to commencement of construction, and within 60 days following
completion of construction of the project between R-l 0 and R-22. Profile surveys shall extend to
the -14 ft. NA VD contour or 2000 feet offshore, whichever is greater. The pre-construction
survey will consist of a survey collected in June 2010, the prior design survey of the beach and
navigation channel. It will be supplemented with pre-dredge surveys taken just before the time
of construction. Thereafter, monitoring surveys shall be conducted annually for a period of three
(3) years. The expiration of the project design life is two to three years. The monitoring surveys
shall be conducted on the anniversary of the post-construction survey, expected in the spring and
repeated as close as practicable during that same month of the year. The survey will be floated a
few months from this anniversary, if it can be combined with another monitoring survey for a
financial savings. The monitoring area shall include profile surveys at each of the Department of
Environmental Protection's DNR reference monuments within the bounds described above. For
Wiggins Pass, the MHW shoreline north of R-17 at the west corner and the interior of Delnor-
Wiggins will be surveyed to validate and supplement the shoreline identified from aerial photos
of the area. The MHW survey will extend from R17 approximately 1500 feet north and east
along the sandy shoreline. All work activities and deliverables shall be conducted in accordance
with the latest update of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring
Standards for Beach Erosion Control Projects, Sections 01000 and 01100.
P: ICollier18500. 76 Wiggins Pass and Berm Restoration Project Plans and SpecsWTP Items I Wiggins Pass Physical Monitoring Plan
I02510.docx
lore
b. Bathymetric surveys of the navigation channel from Station -2+00 to 15+00 shall be
conducted within 90 days prior to commencement of construction, and within 60 days following
completion of construction of the project concurrently with the beach and offshore surveys
required above. Thereafter, monitoring surveys of the navigation channel shall be surveyed
concurrently with the beach and offshore surveys required above for a period of three (3) years
or the expiration of the project design life. For the Wiggins Pass project, survey grid lines across
the borrow area shall be spaced at 100 feet apart to provide sufficient detail for accurate
volumetric calculations and shall extend to include bathymetric surveys of the entire shoal
complex, including any attachment bars. The traditional bathymetric survey will be extended to
cover the entire distance between R15 and R18. In all other aspects, work activities and
deliverables shall be consistent with the BBCS Monitoring Standards for Beach Erosion Control
Projects, Section 01200 modified for navigation projects.
c. The permittee shall submit an engineering report and the monitoring data to the BBCS
within 90 days following completion ofthe post-construction survey and each annual monitoring
survey. Aerial photographs will be provided from the County's program supporting other
purposes (such as for beach monitoring or property appraisal), which are collected annually.
The report shall summarize and discuss the data, the performance of the navigation project, and
identify erosion and accretion patterns within the monitored beach area. In addition, the report
shall include a comparative review of project performance to performance expectations and
identification of adverse impacts attributable to the project. Any shoreline and volume changes
north of R-17 at the west corner and the interior of Delnor-Wiggins Pass Park, attributable to
the dredging event should be identified and reported.
Appendices shall include plots of survey profiles and graphical representations of volumetric and
shoreline position changes for the monitoring area. Results shall be analyzed for patterns, trends,
or changes between annual surveys and cumulatively since project construction.
The monitoring plan is illustrated on the attached figure.
P:ICollierI8500.76 Wiggins Pass and Berm Restoration Project Plans and SpecsWTP Items I Wiggins Pass Physical Monitoring Plan
J02510.docx
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From:
Sent:
To:
Cc:
Subject:
Steve Keehn [Skeehn@coastalplanning.netj
Wednesday, January 05, 2011 10:56 AM
Edwards, Lainie; Neely, Merrie
McAlpinGary
RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Thank you very much Lainie - Gary is also very happy.
From: Edwards, Lainie [mailto:Lainie.Edwards@dep.stateJI.us]
Sent: Wednesday, January 05, 2011 10:36 AM
To: Steve Keehn; Neely, Merrie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Looks like we will require 1) shutting down of any exceedances 2) Following 3 exceedances in the OFW boundaries, you
will have to dredge on an outgoing tide. Sound good? I can send you the revised condition once I draft it up, so you will
know exactly how it reads.
Lainie Edwards, Ph.D.
Bureau of Beaches and Coastal Systems
Florida Department of Environmental Protection
3900 Commonwealth Boulevard, M.S. 300
Tallahassee, Florida 32399
850-414-7796 (phone) /850-414-7725 (fax)
From: Steve Keehn [mailto:Skeehn@coastalplanning.net]
Sent: Tuesday, January 04,2011 2:23 PM
To: Neely, Merrie; Edwards, Lainie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Thanks Merrie Beth
From: Neely, Merrie [mailto:Merrie.Neely@dep.stateJl.us]
Sent: Tuesday, January 04, 2011 2:02 PM
To: Steve Keehn; Edwards, Lainie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Lainie is scheduling a meeting with Mike on this issue at the earliest opportunity. He is only back today.
Merrie Beth Neely, Ph.D.
Environmental Specialist III
Bureau of Beaches and Coastal Systems
3900 Commonwealth Blvd. MS 300
Tallahassee, FL 32399-3000
(850) 413-7785
(850) 413-7712
From: Steve Keehn [Skeehn@coastalplanning.net]
Sent: Tuesday, January 04, 2011 1:37 PM
1
To: Edwards, Lainie; Neely, Merrie
Cc: McAlpinGary
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
1 0 K ~'~I
Merrie
Lainie
I know you must be busy today based on the busy phones, but Collier County needs to know if serious consideration is
being given to a modifying the turbidity requirements for Wiggins Pass as described below. It was my understanding
that those needed to make the decision would be available after the holiday.
Either Gary or I would appreciate a phone call on this matter when you are freed up.
Thanks
8tepAen. CJ<6.e.An., P E
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Steve Keehn
Sent: Thursday, December 30, 2010 8:56 AM
To: Edwards, Lainie
Cc: 'McAlpinGary'
Subject: FW: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
Lainie
I understand by E-mail from Robert Brantly today that you are the point of contract for this project now. I do not know
if you are aware of the attached request we sent last week. Our proposal is to use measurements over a number of tide
cycles to determine if exceedance of the 10 NTU standard would require dredging on the outgoing tide only. This
standard make a big difference in dredging efficient and cost. No dredging on the ingoing tide doubles the length of the
project. We are in the process of bidding, so that we can get the project completed before sea turtle nesting season,
and any clarification on this matter would be appreciated.
Happy New Year
8te.pAen. CJ<6.e.An., P E
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Steve Keehn
Sent: Monday, December 20,2010 12:06 PM
To: 'Neely, Merrie'; 'McAlpinGary'
Cc: Nicole Sharp
Subject: RE: Wiggins Pass Maintenance Dredging draft turbidity monitoring condition
2
Merrie
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The permit allows only one exceedance of the 10 NTU standard, and them prohibits dredging from the ingoing tide after
that point. This is a threshold that will be exceeded based on conditions measured during the last project, and is sure to
turn the project into a half day dredging event, which is not cost effective. We would like to request that the standard
be changed to a persistence level, being judged on more than one single measurement. During the last project, the
number of events above 10 NTU was relatively small. The were 6 different measurements during the project period of
just under a month above 10 NTU. All were on the bottom and most with the channel dredging, and one with the
disposal area. I suggest that the standard be changed as follows:
FDEP standard stop-start dredging sequence be implemented on measurement above the standard. A persistence
standard will be used to determine if dredging must stop on the incoming tide for the 10 NTU condition. I suggest the
standard be if exceedance occurs on three sequential incoming tide events (cycles). This give the County and dredger
the opportunity to address the turbidity issue by method and means, and avoids allowing what may be an anomalous
event from cutting the dredging time in half.
Most of the sand to be dredged material is within 150 m of the OFW at Wiggins Pass Estuarine Area/Cocohatchee River
System. We request your consideration of this proposal.
Thanks
8tep!ten. 9(,.eAn., PE
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
From: Neely, Merrie [mailto:Merrie.Neely@dep.state.f1.us]
Sent: Friday, December 17, 20104:21 PM
To: 'McAlpinGary'
Cc: Steve Keehn
Subject: Wiggins Pass Maintenance Dreding draft turbidity monitoring condition
Importance: High
Hello Gary/Steve,
Here is the draft FO condition as it went to Mr. Barnett this afternoon. We are on track for issuance Monday -
and we'll attempt to make it as early in the day as possible
22. Water Quality. Turbidity shall be monitored during the dredging of Wiggins Pass exterior entrance channel and
placement of dredged material in the nearshore beach disposal sites off Barefoot Beach State Park. Turbidity
shall be monitored and reported as follows:
Units:
Nephelometric Turbidity Units (NTUs).
Frequency:
Approximately every 4 hours during dredging and nearshore disposal,
beginning when a visible turbidity plume appears, or 15 minutes after dredging starts-
whichever occurs sooner.
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Location:
Background: At least 500 meters upcurrent of both the dredging and nearshore disposal
locations, outside the influence of any visible turbidity plume, at the surface and mid-depths.
Compliance: In the densest portion of the turbidity plume, at the surface and mid-depths, not
more than 150 meters downcurrent from the source of turbidity (dredge cutterhead or disposal
site outfall). The compliance locations given above shall be considered the limits of the
temporary mixing zone for turbidity allowed during construction.
Standards:
Within OFW: When the mixing zone extends into OFW, turbidity shall not be greater than ten
(10) NTUs above the corresponding background measurement at the edge of the mixing zone.
Outside OFW: At the edge of mixing zones terminating outside of OFW, turbidity :;hall not be
greater than 29 NTUs above the corresponding background measurement.
Calibration:
The instruments used to measure turbidity shall be fully calibrated within one month of the
commencement of the project, and at least once a month throughout the project. Calibration
shall be verified each morning prior to use, and after each time the instrument is turned on,
using a turbidity "standard" that is different from the one used during calibration.
Any project-associated discharge other than dredging, disposing, or nourishing the beach (e.g., scow leakage or
runoff from temporary containment area) should be monitored as close to the source as possible every hour
until background turbidity levels return or until otherwise directed by the Department. The Permittee shall
notify the Department, by separate email to the JCP Compliance Officer, of such an event within 24 hours of the
time the Permittee first becomes aware of the discharge. The subject line of the email shall state "PROJECT-
ASSOCIATED DISCHARGE-OTHER", and include the Project Name and the Permit Number.
23. If turbidity levels exceed 10 NTUs at the edge of mixing zones that extend into Wiggins Pass Estuarine
Area/Cocohatchee River System OFW, dredging from that point on shall be limited to out-going tides. If such an
exceedance occurs, it shall be reported to the JCP Compliance Officer within 24 hours.
24. Turbidity Reports: Turbidity monitoring reports shall be submitted to the JCP Compliance Officer on a weekly
basis, within seven (7) days of collection. Reports shall be submitted under a cover letter containing the
following statement: "This information is provided in partial fulfillment of the monitoring requirements in
Permit No. 0142538-009-JC, Wiggins Pass Entrance Channel Maintenance Dredging." The cover letter shall
summarize any significant compliance issues and the dates or monitoring period ofthe reports. Also, please
clearly reference the permit number on each page ofthe reports. In addition to analytical results for samples
and quality control, each report should also include:
a. Specific monitoring requirements for the sampling location;
b. Time and date samples were taken;
c. Sampling results, the net difference between compliance and background results, and whether the
turbidity level is in compliance.
b. Depth of water body and depth of samples;
c. Antecedent weather conditions, including wind direction and velOcity;
d. Tidal stage and direction of flow;
e. A statement describing the methods used in collection, handling and analysis of the sample;;
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f. Turbidity meter calibration/verification documentation;
g. A map indicating the location of the current construction activity, the sampling locations (background
and compliance), the visible plume pattern of the applicable mixing zone, and location of nearby
Outstanding Florida Waters, if applicable; and
h. A statement by the individual responsible for implementation of the sampling program concerning the
authenticity, precision, limits of detection and accuracy of the data.
Merrie Beth Neely, Ph.D.
Florida Department of Environmental Protection
Water Resources Management
Joint Coastal Permitting
3900 Commonwealth Blvd. MS 300
Tallahassee, FL 32399-3000
Phone 850 413-7785
Fax 850 414-7725
The Department of Environmental Protection values your feedback as a customer. DEP Secretary Mimi Drew is
committed to continuously assessing and improving the level and quality of services provided to you. Please take a few
minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank
you in advance for completing the survey.
5
PrietoEvelyn
From:
Sent:
To:
Subject:
IOK
Steve Keehn [Skeehn@coastalplanning.net]
Wednesday, January 12, 2011 4:56 PM
McAlpinGary; HambrightGail
FW: Wiggins Pass Maintenance Dredging, Bid No. 11-5633
Gary
I recommend Southwind Construction be selected for the project based on the discussion below:
The low bidders were unresponsive, in failing to turn in the questionnaire with their bid, which was critical to an
accurate evaluation. This is based on purchasing decision.
In evaluation of Paul Howard Construction, I called Steve Miller from Ellicott Dredge, and he said the size of dredge is
determined by it inside diameter at the discharge flange. This is confirmed by Don Searles, who has a web site where he
states the same thing (see blue highlight below). Based on size of dredge, Paul Howard Construction does not meet the
criteria in the specification.
The second reason that Paul Howard is not qualified, is his lack of experience in open ocean/gulf dredging. All his known
projects are within estuaries or bays. The Philadelphia District USACE (Monica Chasten and Jerry Jones) says Paul
Howard Construction works hard and learns quickly, but the work did not meet the requirement of paragraph 1.4 on
page TS-3 of the technical speciation. The New York District Corps of Engineers called me back on Paul Howards job in
New York. There performance was lacking in mobilization (to slow), daily reports and general responsiveness, and
starting a modification before a notice to proceed. In the end, the physical work was completed in an acceptable
manner, but it was hard working with Paul Howards superintendent.
I called Lee County (Robert Neal) and the Jacksonville District (Jesse Mancini and Mike Lyons) and they all rated
Southwind Construction as satisfactory to above average and capable of performing work in the ebb shoal channel.
Michael Poff (CEC) provide a positive recommendation by E-mail. Southwind Construction dredge has a 14" discharge,
and therefore they qualify per paragraph 1.4 on page TS-3 of the technical speciation.
Based on the criteria in the specification and the lowest responsive bid, I recommend Southwind Construction be
awarded the contract.
8tepAell 9(,ehn, PE
Senior Coastal Engineer
Coastal Planning & Engineering. Inc
Office: 561-391-8102, Fax 9116
Mobile 561-441-5499
-
htto:/ /www.dredgingsoecialists.com/DetermineSizeOfDredge.htm
March 4, 2010
Determinina The Size Of The Hvdraulic Dredae
Needed For A Dredaina Proiect.
By Don Searles
Dredging Specialists
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Dredges come in sizes from 8 inch [203mm] to 36 inch [914mm]. An 8 inch
[203mm] dredge will typically pump 2,500 gpm [gallons per minute] [9,464 Ipm] with an engine
horsepower of around 300 [223 kw] and a weight of 25 tons. A 36 inch dredge [914 mm] will pump up to
70,000 gpm [265 cmm] with up to 10,000 horsepower [7,456 kw] and a weight of several thousand tons.
With a given size dredge the production can vary widely and is determined by the outside diameter of the
impeller in the dredge pump, the speed of the impeller, the horsepower of the engine driving the dredge
pump, and the friction and static head losses in the pipeline.
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PrietoEvelyn
From:
Sent:
To:
Subject:
Attachments:
HillerGeorgia
Sunday, January 23, 2011 9: 18 AM
PrietoEvelyn
FW: WIGGINS PASS DREDGING CONTRACT AWARD
Scan001.PDF
Please print on Monday - including attachments.
Thank you.
Commissioner Georgia Hiller
District 2
From: Anthony Pires [APires@wpl-legal.com]
Sent: Friday, January 21,2011 8:29 AM
To: HillerGeorgia
Subject: WIGGINS PASS DREDGING CONTRACT AWARD
Please see the attached.
My negative vote on awarding the bid to Southwind was based in part on:
1. upon inquiry I was advised that no bidder other than Southwind was notified of the change in
the permit conditions and thus specifications [which related to turbidity levels]; and,
2.. the reduction in the Southwind bid was primarily in the area of mobilization [approximately
$72,000] which did not in my opinion have any relationship to an asserted reduction in price attributed
to the changed permit conditions [as to turbidity levels]; and,
3. Southwind did not answer all of the questions as to equipment,
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires~wpl-Iegal.com
Firm Website: www.wpl-Iegal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
1
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PrietoEvelyn
From:
Sent:
To:
Subject:
Attachments:
HillerGeorgia
Sunday, January 23,2011 9:16 AM
PrietoEvelyn
FW: CAC MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
FW: Wiggins Pass Maintenance Dredging, Bid No. 11-5633; RE: Wiggins Pass Maintenance
Dredging draft turbidity monitoring condition
Please print e-mail and attachments on Monday.
Thank you.
Commissioner Georgia Hiller
District 2
From: Anthony Pires [APires@wpl-legal.com]
Sent: Friday, January 21, 2011 4:09 PM
To: HiIlerGeorgia
Subject: FW: CAC MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
Anthony P. Pires, Jr.
Woodward, Pires & lombardo, P .A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-legal.com<mailto:apires@w[2I-legal.com>
Firm Website: WNW. wpl-legaLcom
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
From: McAlpinGary (mailto:GaiyMcAlpin@colliergov.net]
Sent: Thursday, January 13, 2011 9:18 AM
To: Anthony Pires; HambrightGail; JohnsonScott; Steve Keehn; Soreysan
Subject: RE: CAC MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
Tony,
Please see my answers to your questions below.
I am attaching the revised specifications to turbidity that were discussed with Southwind,
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These were not worked or discussed with any other bidders since Southwind was the low bidder. No
financial discussions were held with any other bidder.
Call me if you need anything else.
Gary
Gail,
Provide this document with attachments by posting to the public on our website and have copies for
the CAC.
From: Anthony Pires [mailto:APires@wpl-legal.coml
Sent: Thursday, January 13, 2011 8:05 AM
To: McAlpinGary; HambrightGail
Subject: CAC MEETING; BID REVIEW FOR WIGGINS PASS DREDGING PROJECT
Gary, for today's meeting:
1. please confirm the bid submittal date was 1I612011.The bid submittal date was 11512011.
2. regarding the Southwind bid: how do we know what equipment will be used as they did
not detail equipment [see page 24 of 33 for Item V111-1.a in Agenda]. This was confirmed by Steve
Keehn in his review and recommendations. See Attached
3. the draft permit provides the maximum channel width as 160 feet at Station 0+00 while
the Bid Specs at page TS-1 stated that the permitted channel width is 150 feet between station 0+00
and 2+00. Will there be any extra cost to dredge to the full permitted width of 160 feet for that
distance since the bid was for a width of 150 feet for that distance? No, we pay by CY and I manage
the CY that are dredged.
4. there appears to be a scrivener's error at page GC-P-4 of Paul Howard's bid, the date is
listed as "01/15/2011". Noted
5. the Bid Bond for Paul Howard is not the County's approved Bid Bond. Is the staff
suggesting that the BCC waive that irregularity? Noted, since we are not recommending this company
this has not been worked. If the situation changes, then this will be resolved.
6. the Paul Howard bid has a written notation of 14" x 12' in that portion of the Bid where
the Bidder is asked to describe the size dredge proposed. Does that notation mean that Paul Howard
proposed to use a 14" dredge? In discussions with the manufacturer, they have confirmed that this
piece of equipment is not a 14" dredge.
Thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Iegal.com<mailto:apires@wpl-Iegal.com>
Firm Website: www.wpl-Ieaal.com
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This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review. dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
~
Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request. do not send electronic mail to this entity. Instead.
contact this office by telephone or in writing.
3
PrietoEvelyn
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1
From:
Sent:
To:
Subject:
HillerGeorgia
Sunday, January 23, 2011 8:48 AM
Prieto Evelyn
FW: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
2010 WP Complete specs pdt. pdt; Paul Howard Construction Submission.pdt
Attachments:
Please print e-mails and all attachments on Monday.
Thank you.
Commissioner Georgia Hiller
District 2
From: Anthony Pires [APires@wpl-legal.com]
Sent: Friday, January 21, 2011 4:08 PM
To: HiIlerGeorgia
Subject FW: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Iegal.com<mailto:apires@wpl-Iegal.com>
Firm Website: www.wpl-Iegal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
From: CarnellSteve [mailto: SteveCarnell@colliergov.net]
Sent: Wednesday, January 12, 201110:19 AM
To: McAlpinGary; Anthony Pires; GreeneColleen; TeachScott; WoodLyn; JohnsonScott
Subject: FW: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Good morning Tony,
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Please find enclosed the requested documents. Thank you Scott for your timely assistance.
With regard to your questions 2.i and 2.vi, the authority to negotiate a bid offer that exceeds the
available budget is set forth under section VI.D.2, of the Board's purchasing policy, which states that
. .. "If the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase is not
funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate
changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted
limits subject to the final approval and acceptance of the Board. If the budgeted amount includes
grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said
actions are not prohibited by law or the grant conditions."
In this case, the recommended contractor was deemed to be the apparent lowest, qualified and
responsive bidder. As you can see, the policy language does not contemplate negotiating with more
than one bidder under these circumstances.
If you have any other questions, please let us know.
Steve
From: JohnsonScott
Sent: Wednesday, January 12, 2011 10:09 AM
To: CarnellSteve
Subject RE: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?pag:e=3142
Here are the documents. These are small enough to email... .
From: CarnellSteve
Sent: Wednesday, January 12, 2011 9:06 AM
To: JohnsonScott;WoodLyn
Subject: FW: JANUARY 13, 21011 CAe MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Importance: High
What is Tony talking about regarding negotiation of bid prices???? Please explain.
2
Thanks.
lOK
t...~
From: McAlpinGary
Sent: Wednesday, January 12, 2011 8:54 AM
To: Anthony Pires; CarnellSteve; GreeneColleen; TeachScott; WoodLyn; JohnsonScott
Subject: RE: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Importance: High
Tony,
The berm project was approved by the BCC with the direction that sand would be placed for this
project on private property without the easement in place. The easement is being discussed and
revised internally by the County attorney. We do have easements to access the property and this is
the same approach that the County and the CAC has authorized in the past.
I am requesting Purchasing to respond to your purchasing questions directly for Wiggins Pass
Dredging.
From: Anthony Pires [mailto:APires@wpl-legal.com]
Sent: Wednesday, January 12, 2011 7:53 AM
To: McAlpinGary; HambrightGail
Subject: JANUARY 13, 21011 CAC MEETING; 1. WIGGINS PASS DREDGING; 2. LACK OF
EASEMENTS FOR PRIVATE PROPERTY LANDWARD OF EROSION CONTROL LINE
http://www.colliergov.netlindex.aspx?page=3142
Importance: High
Gary, while I have not finished reviewing the materials and/or performing separate due diligence I
have the following concerns and requests that I would like to have addressed today or not later than
tomorrow morning:
1. I remain concerned about the legality of the continued expenditure of
public funds for the placement of sand on private property landward of an established Erosion
Control Line without the public receiving an easement for access. Please advise of the status.
2. with regards to the recommendations to award the Wiggins Pass
maintenance Dredging to Southwind:
i. Please provide me with a copy of the County's
adopted purchasing policy that allows staff to negotiate prices after bids have been submitted and
prior to award.
that call for use of a 14" dredge.
ii. Please provide that portion of the bid specifications
Hi. Please provide a copy of Paragraph 1.4 on page
TS-3 of the technical specifications.
iv. Please provide a copy of Paul Howard's bid
submittal, comparable to the copy of Southwind's bid submittal that has been provided.
v. Please provide a copy of the "permit changes
discussed on 1n/2011".
vi. Please provide information showing that the other
bidders were provided the opportunity that was afforded Southwind to reduce their price due to
"permit changes".
3
Thanks
lOK
. ,
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P ,A
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wpl-Iegal,com<mailto:apires@wpl-Iegal.com>
Firm Website: www.wpl-Iegal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by telephone or in writing.
4
1 0 K y,~"
PrietoEvelyn
From:
Sent:
To:
Subject:
HillerGeorgia
Sunday, January 23, 2011 9: 17 AM
PrietoEvelyn
FW: WIGGINS PASS MAINTENANCE DREDGING; BID NO./SOLlCITATION NO. 11-5633
Importance:
High
Please print on Monday.
Thank you.
Commissioner Georgia Hiller
District 2
From: Anthony Pires [APires@wpl-legal.com]
Sent: Friday, January 21, 2011 5:46 PM
To: McAlpinGary; JohnsonScott; CarnellSteve
Cc: HillerGeorgia; WilliamsSteven
Subject: WIGGINS PASS MAINTENANCE DREDGING; BID NO.lSOLlCITATION NO. 11-5633
Gary, in viewing the County's Purchasing Department website for the above project and bid
submittals, I do not see any bid listed as being submitted for Southwind, which is the
companylvendor recommended by County staff to the CAC [by way of executive Summary of the
January 13, 2011 CAC meeting] and BCC [by way of Executive Summary for January 25, 2011 BCC
meeting] as the recommended low bidder. The Executive Summary that the CAC was provided for its
January 13, 2011 meeting stated there were 6 bids submitted, while the website states: "Vendors
Who Submitted Solicitation: 4"
http://bid.colliergov.netlbid/default.asp?id=EAE29584-C56D-4C7D-9F2E-F7FFBBAD03F3&show=tab
I am curious as to how the County staff could recommend an award to a vendor not listed, as of
today, as a bidder on this project. Thanks
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P .A.
3200 North Tamiami Trail
Suite 200
Naples, Florida 34103
239-649-6555 Phone
239-649-7342 Fax
apires@wgl-Iegal.com<mailto:apires@wpl-Iegal.com>
Firm Website: www.wol-Iegal.com
This transmittal and/or attachments may be a confidential attorney-client communication or may
otherwise be privileged or confidential. If you are not the intended recipient, you are hereby notified
that you have received this transmittal in error; any review, dissemination, distribution or copying of
this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error,
1
please notify us immediately by reply or by telephone (call us at 239-649-6555) and immediately
delete this message and all its attachments. 1 0 K ~
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity. Instead,
contact this office by telephone or in writing.
2
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WIGGINS PASS MAINTENANCE DREDGING
COLLIER COUNTY BID NO. 11-5633
November 2010
COLLIER COUNTY COASTAL ZONE MANAGEMENT DEPARTMENT
Collier County Government
W. Harmon Turner Bldg., Suite 103
3301 E. Tamiami Trail
Naples, FL 34112
Design ProCessional:
Coastal Planning & Engineering, Inc.
2481 N.W. Boca Raton Blvd.
Boca Raton, FL 33431
(561) 391-8102
lOK !
PRE-BID INFORMATION
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award; therefore, be specific.
Florida Dredge and Dock LLC proposed to utilized 14" hydraulic cutter head
suction dredge with floating booster and 16" dredge discharge pipeline. Spider
barge with 3 anchors system will be use to control discharge of dredge material
~n aes~gnatea a~sposa~ s~te to aes~gnea graae. Mon~~~zat~on can ne accomp~~snea
when the owner issued Notice to Proceed.
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?
14" hydraulic dredge with booster. An estimated of daily production will be
approx. 5,000 to 6,000 cubic yards per day. Anticipated to complete dredging
between 10-14 days, pending on weather condition after mobilization.
c. What size and type of equipment will you used on this project, to include scows,
boosters, cranes, barges, etc.? What equipment will you purchase or rent for the proposed
work?
All equipments that will be utilized for this project are owned by Florida
Dredge and Dock LLC. There are one 14" hydraulic cutter head suction dredge, one
14" floating booster, 6,500 ft. of 16" poly pipe, two tender boats, one crew
boae dud rni~<.:ellelleou~ equlpmelle~.
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D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
Mr. Willaim D. Fletcher (Manager) .
Mr. Chester Fletcher (Superintendent)
Mr. prasong Burnankitipinyo ( Project Manager)
rlcd3e 3ee attached YC3UffiC.
E. List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
NONE
F. Will you sublet any part of this work? If so, give details.
NO
G. What is the last dredging project of this nature that you have completed?
HURRICANE PASS (HONEYMOON ISLAND)
Florida Dredge and Dock, LLC work as a Subcontractor to Prime contractor
Coastal Marine Construction of Venice, Florida. Project value at $ 921,000
Removed a total of 130,000 cu.yds. of dredge material From (Sept 07 to Feb 08)
Reference: Mr.Ken Humiston of Humiston and Moore Engineers @ (239)594-2021.
H. Have you ever failed to complete work awarded to you: If so, where and why?
NONE
10K
Dredge: Gator Point
Dimensions
66' X 28' x 6'
Main Pump 14" x 12" GIW driven by 700hp Cummins engine
Ladder Pump 14111x 14" driven by 75hp electric motor
Generator 500 kw
Booster/ idler barge
28' x 60' x 4'
Booster pump 14" x 12" driven by 500 hp Cummins engine
This dredge and booster is the same ones used on the Honeymoon Island Project. (Picture attached) For
the Estero Island Project the booster barge will be attached to the dredge to give added swing width.
This will allow for greater efficiency and production. The Honeymoon project was 9,000' total pump
distance with a similar groin construction. On that project Coastal Marine was the prime contractor and
Florida Dredge acted as sub.
The project engineer for Honeymoon Island was Humiston and Moore Engineers. Ken Humiston was
lead. Ken can be reached at 239-594-2021.
Wiggins Pass Prior Dredging Proiect:
1st. Oct 91 to Jan 92. Reference: Mike Steven (Coastal Engineer)
2nd. Dec 93 to Jan 94. Reference: Jerry Neal (Collier County)
3rd. Nov 95 to Dec 95. Reference: Harry Hubert (Collier County)
St Lucie power plant intake canal restoration
Sub for Underwater Engineering Services
Contact Vice President Construction Operations
Joseph Frederickson
Tel: 772-337-3116
Cell: 772-370-1368
ifrederickson@uesi.com
Mosaic Fertilizer, Ongoing operations at three plants
Contact: Steve Basey Wingate Mine Cell: 863-661-0645
10K
1. Is the dredge to be used for the proposed work certified for open ocean dredging by the
American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
ABS Certification is not requires when project site is less than 12 miles offshore
1. List experience with Gulf/open ocean ebb channel (shoal) dredging.
Wiggins Pass Maintenance dredging. (3 TIMES)and Hurricane Pass (Honeymoon Island)
1st. Wiggins Pass Oct91 to Jan 92/32,000 cy./Value=$182,000 Ref.Mike Steven(Coastal Eng.)
2nd. Wiggins Pass Dec93 to Jan94/35,000 cy./Value $232,000 Ref. Jerry Neal (Collier County)
Jrr1 TIJ; ~~;,.,'" p"",,,, 1\1,..,,,Q<; r,.., n~C'9<;/J'" .111111 '"1' /",,1""'-9?1 "'. 1111r\ P",f' ""..-r1' T-f"he..-r ((',..", ier County)
(See attach sheet for addition references)
K. Name three individuals or corporations for which you have performed work and their
contact information as references.
Mr. Curtis Huggins President Orion dredging services, LLC (904)353-9900
Underwater Engineering Services Mr. Joseph Frederickson Tel(772)337~3116 Cell(772)370-1368
Mosaic Fertilizer, LLC 3900 People Road, Ft. Meade, Florida 33841 (836)860-1097
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
Signature of Bidder
LJ~O~ '
By
William D. Fletcher (President)
Name
Business Address
16437 Highway 39 South
Lithia, Florida 33547
Incorporated under the laws of the State of
Florida
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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 rice extensions and totals have been checked.
I
5. Any delivery information require IS mc u ed.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
10. Any addenda have been signed and included.
11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trl E
Naples FL 34112
12. The mailing envelope must be sealed and marked with:
<:>Bid Number;11-5633
<:>Project Name; Wiggins Pass Maintenance Dredging
<:>Opening Date. 1/6/10
13. The Bid will be mailed or delivered in time to be received no later than the specified
openina 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
Florida Dredoe and Dock, LLC
Bid~E1~ ~a~~, .~
If-~~ U Jl)1' /Yllj- /J /j-(y ,fA"
Signature & itle
Date: 01/03/2011
GC-P-15
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.WIGGINS PASS NUUNTENANCE DREDGING
COLLIER COUNTY
November 2010
I. INTRODUCTION
Collier County, Florida will conduct a maintenance dredging project in order to restore navigable
conditions within Wiggins Pass. The project is to be completed with a 14" dredge or greater.
The project will be awarded to the lowest, competent bidder with the quickest substantiated
schedule. Navigation is impaired, and it is essential that dredging is completed at the fastest
practical schedule. It is desired that dredging is complete within 30 to 60 days of the Notice to
Proceed.
1.0 BASE BID.
1.1 Wiggins Pass Maintenance Dredging Project
The project is a maintenance dredging of 49,900 cy from the Wiggins Pass ebb
shoal channel within the borders approved with the 2010 permit. The permitted
channel width is 150 ft. and the channel depth between Stations 0+00 and 2+00 is
-8.7 feet NAVD (-7.0 feet MLW) with a l' overdredge allowance. For the
segment of the channel between Stations 3+00 and 13+00, the dredge width and
depth are 200 feet and -13.2 feet NA VD (-11.5 feet ML W) with aI' overdredge
allowance respectively. Between Stations 2+00 and 3+00, the dredge depth and
width will gradually slope and widen seaward. The channel will be hydraulically
dredged with excavated material placed in the nearshore zone environment
adjacent to the beaches of Barefoot Beach State Preserve (between approximately
R-l1.9 and R-14.2). Immediate maintenance dredging using at least a 14 inch
dredge is essential to re-establish a navigable channel.
The fill placed adjacent to Barefoot Beach will come from the ebb shoal channel.
Nearshore disposal shall be placed below Mean Low Water. The Barefoot Beach
disposal area runs from R-l1.9 to R-14.2, over 2,300 ft.
The project will be built entirely from the water, with no dry beach construction
activity. The contractor shall be thoroughly familiar with permit conditions,
especially the turbidity criteria for Outstanding Florida Waters (OFW) described
in the State permit.
1.2 Bid Method
The lowest-, most competent bid with the quickest substantiated schedule will be
awarded the project's contract.
i-.. ~;:e-~bid}zitlf6tmfttiQ1).?i'{questionn~ll:S,~.lID!!~lEg;12~9Q}Jl~Jsl~ly&iilled.'JtbutEi!!P2Jl'
silbmissiQn~ofi~5utbid:;QDYPllr.;biq.'.m~y,J1Qtd?<;>,..L99,lJ~g~r~9t. A bidder shall submit
his bid on the Bid Form and Proposal furnished. Bids shall be in the units
TS-l
10K
DRAFT
CONSOLIDATED JOINT COASTAL PERMIT AND
SOVEREIGN SUBMERGED LANDS AUTHORIZATION
PERMITTEE:
Collier County
330 I E. Tamiami Trail
Naples, FL 34112
PERMIT INFORMATION:
Permit Number: 0142538-009-JC
Project Name: Wiggins Pass Entrance Channel
Maintenance Dredging
AGENT:
c/o Stephen Keehn, P.E.
Coastal Planning and Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
County: Collier
Issuance Date: XXX
Expiration Date of Construction Phase: XXX
REGULATORY AUTHORIZATION:
This permit is issued under the authority of Chapter 161 and Part IV of Chapter 373,
Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to
Operating Agreements executed between the Department of Environmental Protection
(Department) and the water management districts, as referenced in Chapter 62-113, F.A.C., the
Department is responsible for reviewing and taking final agency action on this activity.
ACTIVITY DESCRIPTION:
The proposed project is a single maintenance dredging event of Wiggins Pass
exterior entrance channel, with disposal of beach compatible material in the nearshore area off
Barefoot Beach County Preserve (R-ll.4 to R-14.2), starting at the mean low water (MLW) line
and extending seaward. The dredging is authorized to occur through the Wiggins Pass ebb shoal
(seaward of Wiggins Pass), with a maximum authorized channel width varying from 160 feet at
Station 0+00, to 200 feet at Station 13+00. The maximum authorized dredge depth, which
includes the design depth plus one additional foot of overdredge, is -9.7 feet NA VD (-8.0 feet
MLW) between Stations 0+00 and 2+00; will gradually slope seaward from -9.7 feet to -14.2
feet NA VD between Stations 2+00 and 3+00; and is -14.2 feet NA VD (-12.5 feet ML W)
between Stations 3+00 and 13+00.
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 2 of 15
ACTIVITY LOCATION:
The maintenance dredging site is located seaward of Wiggins Pass (R-17),
slightly within the Barefoot Beach Park OFW and adjacent to both the Delnor- Wiggins Pass
State Recreation Area OFW and the Wiggins Pass Estuarine ArealCocohatchee River System
OFW. The nearshore disposal area is located immediately seaward of the MLW line, off
Barefoot Beach (R-ll.4 to R-14.2), slightly within the Barefoot Beach Park OFW. Both sites are
located in Collier County, Sections 17 and 20, Township 48 South, Range 25 East, and are
situated in the Gulf of Mexico, Class III Waters.
PROPRIET ARY AUTHORIZATION:
This activity also requires a proprietary authorization, as the activity is located on
sovereign submerged lands held in trust by the Board of Trustees of the Internal Improvement
Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution,
and Sections 253.002 and 253.77, F.S. The activity is not exempt from the need to obtain a
proprietary authorization. The Board of Trustees delegated the Department the responsibility to
review and take final action on this request for proprietary authorization in accordance with
Section 18-21.0051, F .A.C., and the Operating Agreements executed between the Department
and the water management districts, as referenced in Chapter 62-113, F.A.C. This proprietary
authorization has been reviewed in accordance with Chapter 253, F .S., Chapter 18-21 and
Section 62-343.075, F.A.C., and the policies of the Board of Trustees.
As staff to the Board of Trustees, the Department has reviewed the project described
above, and has determined that the maintenance dredging and beneficial disposal of beach
quality sand in the nearshore off Barefoot Beach qualifies for a Letter of Consent to use
sovereign, submerged lands, as long as the work performed is located within the boundaries as
described herein and is consistent with the terms and conditions herein. Therefore, consent is
hereby granted to Collier County, pursuant to Chapter 253.77, F.S., to perform the activity on the
specified sovereign submerged lands.
COASTAL ZONE MANAGEMENT:
This permit constitutes a finding of consistency with Florida's Coastal Zone Management
Program, as required by Section 307 of the Coastal Zone Management Act. This permit also
constitutes certification of compliance with state water quality standards pursuant to Section 401
of the Clean Water Act, 33 U.S.C. 1341.
OTHER PERMITS:
Authorization from the Department does not relieve you from the responsibility of
obtaining other permits (Federal, State, or local) that may be required for the project. When the
Department received your permit application, a copy was sent to the U.S. Army Corps of
Engineers (Corps) for review. The Corps will issue their authorization directly to you, or contact
you if additional information is needed. If you have not heard from the Corps within 30 days
from the date that your application was received by the Department, contact the nearest Corps
regulatory office for status and further information. Failure to obtain Corps authorization prior
to construction could subject you to federal enforcement action by that agency.
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 3 of 15
AGENCY ACTION:
The above named Permittee is hereby authorized to construct the work outlined in the
activity description and activity location of this permit and shown on the approved permit
drawings, plans and other documents attached hereto. This agency action is based on the
information submitted to the Department as part of the permit application, and adherence with
the final details of that proposal shall be a requirement of the permit. This permit and
authorization to use sovereign submerged lands are subject to the General Conditions and
Specific Conditions, which are a binding part of this permit and authorization. Both the
Permittee and their Contractor are responsible for reading and understanding this permit
(including the permit conditions and the approved permit drawings) prior to commencing the
authorized activities, and for ensuring that the work is conducted in conformance with all the
terms, conditions and drawings.
GENERAL CONDITIONS:
I. All activities authorized by this permit shall be implemented as set forth in the plans and
specifications approved as a part of this permit, and all conditions and requirements of
this permit. The Permittee shall notify the Department in writing of any anticipated
deviation from the permit prior to implementation so that the Department can determine
whether a modification of the permit is required pursuant to section 62B-49.008, Florida
Administrative Code.
2. If, for any reason, the Permittee does not comply with any condition or limitation
specified in this permit, the Permittee shall immediately provide the Bureau of Beaches
and Coastal Systems and the appropriate District office of the Department with a written
report containing the following information: a description of and cause of
noncompliance; and the period of noncompliance, including dates and times; or, if not
corrected, the anticipated time the noncompliance is expected to continue, and steps
being taken to reduce, eliminate, and prevent recurrence of the noncompliance.
3. This permit does not eliminate the necessity to obtain any other applicable licenses or
permits that may be required by federal, state, local, special district laws and regulations.
This permit is not a waiver or approval of any other Department permit or authorization
that may be required for other aspects of the total project that are not addressed in this
permit.
4. This permit conveys no title to land or water, does not constitute State recognition or
acknowledgment of title, and does not constitute authority for the use of sovereignty land
ofPlorida seaward of the mean high-water line, or, if established, the erosion control line,
unless herein provided and the necessary title, lease, easement, or other form of consent
authorizing the proposed use has been obtained from the State. The Permittee is
responsible for obtaining any necessary authorizations from the Board of Trustees of the
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 4 of 15
Internal Improvement Trust Fund prior to commencing activity on sovereign lands or
other state-owned lands.
5. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be
considered specifically approved unless a specific condition of this permit or a formal
determination under section 373.421(2), F.S., provides otherwise.
6. This permit does not convey to the Permittee or create in the Permittee any property right,
or any interest in real property, nor does it authorize any entrance upon or activities on
property which is not owned or controlled by the Permittee. The issuance of this permit
does not convey any vested rights or any exclusive privileges.
7. This permit or a copy thereof, complete with all conditions, attachments, plans and
specifications, modifications, and time extensions shall be kept at the work site of the
permitted activity. The Permittee shall require the contractor to review the complete
permit prior to commencement of the activity authorized by this permit.
8. The Permittee, by accepting this permit, specifically agrees to allow authorized
Department personnel with proper identification and at reasonable times, access to the
premises where the permitted activity is located or conducted for the purpose of
ascertaining compliance with the terms of the permit and with the rules of the Department
and to have access to and copy any records that must be kept under conditions of the
permit; to inspect the facility, equipment, practices, or operations regulated or required
under this permit; and to sample or monitor any substances or parameters at any location
reasonably necessary to assure compliance with this permit or Department rules.
Reasonable time may depend on the nature of the concern being investigated.
9. At least forty-eight (48) hours prior to commencement of activity authorized by this
permit, the Permittee shall submit to the Bureau of Beaches and Coastal Systems (JCP
Compliance Officer) and the appropriate District office of the Department a written
notice of commencement of construction indicating the actual start date and the expected
completion date and an affirmative statement that the Permittee and the contractor, if one
is to be used, have read the general and specific conditions of the permit and understand
them.
10. If historic or archaeological artifacts, such as, but not limited to, Indian canoes, arrow
heads, pottery or physical remains, are discovered at any time on the project site, the
Permittee shall immediately stop all activities in the immediate area that disturb the soil
in the immediate locale and notify the State Historic Preservation Officer and the Bureau
of Beaches and Coastal Systems (JCP Compliance Officer). In the event that unmarked
human remains are encountered during permitted activities, all work shall stop in the
immediate area and the proper authorities notified in accordance with Section 872.02,
F.S.
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 5 of 15
11. Within 30 days after completion of construction or completion of a subsequent
maintenance event authorized by this permit, the Permittee shall submit to the Bureau of
Beaches and Coastal Systems (JCP Compliance Officer) and the appropriate District
office of the Department a written statement of completion and certification by a
registered professional engineer. This certification shall state that all locations and
elevations specified by the permit have been verified; the activities authorized by the
permit have been performed in compliance with the plans and specifications approved as
a part of the permit, and all conditions of the permit; or shall describe any deviations
from the plans and specifications, and all conditions of the permit. When the completed
activity differs substantially from the permitted plans, any substantial deviations shall be
noted and explained on two paper copies and one electronic copy of as-built drawings
submitted to the Bureau of Beaches and Coastal Systems (JCP Compliance Officer).
SPECIFIC CONDITIONS:
I. No work shall be conducted until and unless the Department issues a Final Order of
Variance (File No. 0142538-010-BV) from Rule 62-4.242(2)(a)2.b, F.A.C., to establish a
maximum allowable turbidity level of 10 NTU's above background for activities
conducted(?) within Outstanding Florida Waters (OFW) for this project.
2. During dredging and nearshore placement activities, a qualified individual shall be on-
site to monitor for prehistoric or historic artifacts. If prehistoric or historic artifacts, such
as pottery or ceramics, stone tools or metal implements, dugout canoe remains, or any
other physical remains that could be associated with Native American cultures, or early
colonial or American settlement are encountered at any time within the project area, the
permitted project should cease all activities involving subsurface disturbance in the
immediate vicinity of such discoveries. If such artifacts are discovered, the Permittee
shall contact the Florida Department of State, Division of Historical Resources, Review
and Compliance Section at (850) 245-6333 or (800) 847-7278, and copy the JCP
Compliance Officer. Project activities should not resume without verbal and/or written
authorization from the Division of Historical Resources and a copy of the authorization is
received by the JCP Compliance Officer. In the event that unmarked human remains are
encountered during permitted activities, all work shall stop immediately and the proper
authorities notified in accordance with Section 872.05, Florida Statutes.
3. All reports or notices relating to this permit shall be sent to the DEP, Bureau of Beaches
and Coastal Systems, JCP Compliance Officer, 3900 Commonwealth Boulevard, Mail
Station 300, Tallahassee, Florida 32399-3000 (e-mail address: JCP
Compliance@dep.state.fl.us).
4. No work shall be conducted under this permit until the Permittee has received a written
Notice to Proceed from the Department. At least 30 days prior to the requested date of
issuance of the Notice to Proceed, the Permittee shall submit a written request for a
Notice to Proceed and the following items for review and approval by the Department:
1 0 K ~:~
Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 6 of 15
a. Final plans and specifications: The Permittee shall provide the final plans and
specifications for this project, which must be consistent with the activity
description of this permit and the approved permit drawings. The Permittee shall
point out any deviations from the activity description or the approved permit
drawings, and any significant changes would require a permit modification.
Submittal shall include one (1) hardcopy (sized 11 inches by 17 inches or greater,
with all text legible) and one (1) electronic copy of the final plans and
specifications. The plans and specifications shall be accompanied by a letter
indicating the project name, the permit number, the type of construction activity,
the specific type of equipment to be used, the anticipated volume of material to be
moved (if applicable) and the anticipated schedule. Further, the Permittee shall
specify any anticipated sites that will be used (such as a disposal or re-use
location) and appropriate contact information for those facilities. The final plans
and specifications submitted under this condition must comply with all conditions
set forth in this permit;
b. Turbidity monitoring qualifications: The Permittee shall provide the names
and qualifications of those individuals who will be performing the turbidity
monitoring, along with 24-hour contact information. This monitoring shall be
conducted by an independent third party (not associated with the construction
contractor) with professional experience in monitoring turbidity for coastal
construction projects. This individual shall have the authority to alter
construction techniques or shut down the construction operations if turbidity
levels exceed the specified turbidity standards; and
c. Biological monitoring qualifications: The Permittee shall provide the names
and qualifications of those individuals performing the biological monitoring, if
required. All biological monitoring required by this permit shall be conducted by
individuals that have a good working knowledge of algae, coral, and sponge
taxonomy.
5. Pre-Construction Conference. The Permittee shall conduct a pre-construction
conference to review the specific conditions and monitoring requirements of this permit
with Permittee's contractors, the engineer of record and the JCP Compliance Officer (or
designated alternate). Only one maintenance dredging event is permitted under this
authorization. In order to ensure that appropriate representatives are available, at least
twenty-one (21) days prior to the intended commencement date for the permitted
construction, the Permittee is advised to contact the Department, and the other agency
representatives listed below:
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 7 of 15
DEP, Bureau of Beaches & Coastal Systems
JCP Compliance Officer
Mail Station 300
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
phone: (850) 414-7716
e-mail: JCPCompliance@dep.state.fl.us
DEP South District Office
Submerged Lands & Environmental Resources
2295 Victoria Ave Suite 364
Fort Myers, FL 33901-6875
Phone: (239)332-6975
Delnor- Wiggins Pass State Recreation Area Manager
11135 Gulfshore Drive
Naples, Florida 34108
Phone: (239)597-.6196
Barefoot Beach County Preserve Director
2 Barefoot Beach Blvd
Bonita Springs, Florida 34134
Phone: (239)591-8596
Imperiled Species Management Section
Florida Fish & Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, Florida 32399-1600
phone: (850) 922-4330
fax: (850) 921-4369 or email: marine.turtle@myfwc.com
The Permittee is also advised to schedule the pre-construction conference at least one
week prior to the intended commencement date. At least seven (7) days in advance of the
pre-construction conference, the Permittee shall provide written notification, advising the
participants (listed above) of the agreed-upon date, time and location of the meeting, and
also provide a meeting agenda and a teleconference number.
6. The Contractor will continuously operate electronic positioning equipment, approved by
the Engineer, to monitor the precise positioning of the excavation device location(s) and
depth(s). A Differential Global Positioning System (DGPS) or equivalent system
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 8 of 15
providing equal or better accuracy will be used to determine the horizontal position and
will be interfaced with an appropriate depth measuring device to determine the vertical
position of the bottom of the excavation device. The horizontal positioning equipment
will maintain an accuracy of +/- 3.0 feet. The vertical positioning equipment will
maintain a vertical accuracy of +/-0.5 feet with continuous applicable tidal corrections
measured at the project site. No dredging will take place outside of the borrow area
limits (horizontal and vertical limits ) as shown on the drawings.
7. Turbidity monitoring (outlined in Specific Condition 22, below) shall be used as an
indication of the dredging and disposal of non-compatible sediments. If the Contractor
encounters non-compatible sediment during dredging indicted by an increase in turbidity
as monitored in accordance with Specific Condition 22 of this permit, the Contractor
shall immediately cease dredging, relocate the dredge, and shall verbally notify the
Permittee's on-site representative, providing the time, excavation device location(s) and
depth(s). The Contractor shall also report any encounters with non-compatible sediment
in the Contractor's Daily Report, providing depth and location in State Plane Coordinates
of said materials within the dredge cut(s). The Contractor, in coordination with the
Permittee's Engineer, shall use the dredge positioning records, plans, and available
geotechnical information to determine where the Contractor may dispose of the dredged
material to avoid additional nearshore placement of non-compatible sediment. The
Contractor will adjust the construction operation to avoid the non-compatible sediment to
the greatest extent practicable.
8. The existing rock layer within the inlet throat, located between approximately Station
0+00 to 1+50 shall not be removed. This information shall be clearly depicted and
labeled on the construction drawings.
Manatees
The Permittee shall comply with the following conditions intended to protect manatees from
direct project effects:
9. All personnel associated with the project shall be instructed about the presence of
manatees and manatee speed zones, and the need to avoid collisions with, and injury to,
manatees. The Permittee shall advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under
the Marine Mammal Protection Act, the Endangered Species Act, and the Florida
Manatee Sanctuary Act.
10. All vessels associated with the construction project shall operate at "Idle Speed/No
Wake" at all times while in the immediate area and while in water where the draft of the
vessel provides less than a four-foot clearance from the bottom. All vessels will follow
routes of deep water whenever possible.
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 9 of 15
11. Siltation or turbidity barriers shall be made of material in which manatees cannot become
entangled, shall be properly secured, and shall be regularly monitored to avoid manatee
entanglement or entrapment. Barriers must not impede manatee movement.
12. All on-site project personnel are responsible for observing water-related activities for the
presence of manatee(s). All in-water operations, including vessels, must be shutdown if a
manatee(s) comes within 50 feet of the operation. Activities will not resume until the
manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30
minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.
Animals must not be herded away or harassed into leaving.
13. Any collision with or injury to a manatee shall be reported immediately to the FWC
Hotline at 1-888-404-FWCC (3922). Collision and/or injury should also be reported to
the USFWS in Vero Beach (1-772-562-3909).
14. Temporary signs concerning manatees shall be posted prior to and during all in-water
project activities. All signs are to be removed by the Permittee upon completion of the
project. Awareness signs that have already been approved for this use by the Florida Fish
and Wildlife Conservation Commission (FWC) must be used (see MyFWC.com). One
sign which reads Caution: Boaters must be posted. A second sign measuring at least
81/2" by II" explaining the requirements for "Idle Speed/No Wake" and the shutdown of
in-water operations must be posted in a location prominently visible to all personnel
engaged in water-related activities.
Marine Turtles
15. Construction activities shall only occur outside of marine turtle nesting and the snook
spawmng season.
16. All sand shall be discharged below mean low water such that no build-up or
accumulation of sand occurs at the seaward edge of the berm.
17. All construction shall be from barges in the water. No operation of heavy equipment,
transportation or storage of equipment or materials is authorized in marine turtle nesting
habitat, seaward of the dune crest during the marine turtle nesting season, May 1 through
October 31.
18. Visual surveys for escarpments along the beach landward of the nearshore sand
placement area and for barriers formed by sand disposal shall be completed prior to April
I for each year after initial construction is completed and placed sand remains in the
nearshore disposal area. Results of the survey shall be submitted to FWC prior to any
action being taken, with a copy of the cover letter sent to the JCP Compliance Officer.
Escarpments that exceed 18 inches in height for a distance of 100 feet and disposal sand
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 10 of 15
piles that could interfere with sea turtle movement to and from the beach shall be leveled
to the natural beach contour by April 15.
a. If weekly surveys during the marine turtle nesting season document subsequent
reformation of escarpments that exceed 18 inches in height for a distance of 100
feet, the FWC shall be contacted immediately to determine the appropriate action
to be taken.
b. Upon written notification, the Permittee shall level escarpments in accordance
with mechanical methods prescribed by the FWC.
19. Reports on all nesting activity shall be provided for one nesting season in the areas of the
beach landward of nearshore placement. Monitoring of nesting activity shall include daily
surveys and any additional measures authorized by the FWC. Reports submitted shall
include daily report sheets noting all activity, GPS locations for nests and false crawls,
nesting success rates, hatching success of all relocated nests, hatching success of a
representative sampling of nests left in place (if any), dates of construction and names of
all personnel involved in nest surveys and relocation activities. Summaries of nesting
activity shall be submitted in electronic format (Excel spreadsheets). All reports should
be submitted to FWC by January 15 of the following year, with a copy of the cover letter
sent to the JCP Compliance Officer.
20. Work shall only be performed during daylight hours in order to minimize the potential for
marine turtle take. No lighting of the work area or equipment is authorized at anytime
during the sea turtle nesting season (May 1 through October 31).
21. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen,
initial notification must be made to the FWC at 1-888-404-FWCC (3922). Care should
be taken in handling sick or injured specimens to ensure effective treatment and care and
in handling dead specimens to preserve biological materials in the best possible state for
later analysis of cause of death. In conjunction with the care of sick or injured
endangered or threatened species or preservation of biological materials from a dead
animal, the finder has the responsibility to ensure that evidence intrinsic to the specimen
is not unnecessarily disturbed.
MONITORING REQUIRED:
22. Water Quality. Turbidity shall be monitored during the dredging of Wiggins Pass
exterior entrance channel and placement of dredged material in the nearshore beach
disposal sites off Barefoot Beach State Park. Turbidity shall be monitored and reported
as follows:
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 11 of 15
Units: Nephelometric Turbidity Units (NTUs).
Frequency: Approximately every 4 hours during dredging and nearshore disposal,
beginning when a visible turbidity plume appears, or 15 minutes after
dredging starts - whichever occurs sooner.
Location: Background: At least 500 meters upcurrent of both the dredging and
nearshore disposal locations, outside the influence of any visible turbidity
plume, at the surface and mid-depths.
Compliance: In the densest portion of the turbidity plume, at the surface
and mid-depths, not more than 150 meters downcurrent from the source of
turbidity (dredge cutterhead or disposal site outfall). The compliance
locations given above shall be considered the limits of the temporary
mixing zone for turbidity allowed during construction.
Standards:
Within OFW: When the mixing zone extends into OFW, turbidity shall
not be greater than ten (10) NTUs above the corresponding background
measurement at the edge of the mixing zone.
Outside OFW: At the edge of mixing zones terminating outside of OFW,
turbidity shall not be greater than 29 NTUs above the corresponding
background measurement.
Calibration: The instruments used to measure turbidity shall be fully calibrated within
one month of the commencement of the project, and at least once a month
throughout the project. Calibration shall be verified each morning prior to
use, and after each time the instrument is turned on, using a turbidity
"standard" that is different from the one used during calibration.
Any project-associated discharge other than dredging, disposing, or nourishing the beach
(e.g., scow leakage or runoff from temporary containment area) should be monitored as
close to the source as possible every hour until background turbidity levels return or until
otherwise directed by the Department. The Permittee shall notify the Department, by
separate email to the JCP Compliance Officer, of such an event within 24 hours of the
time the Permittee first becomes aware of the discharge. The subject line of the email
shall state "PROJECT-ASSOCIATED DISCHARGE-OTHER", and include the Project
Name and the Permit Number.
23. Ifturbidity levels exceed 10 NTUs at the edge of mixing zones that extend into Wiggins
Pass Estuarine ArealCocohatchee River System OFW, dredging from that point on shall
be limited to out-going tides. If such an exceedance occurs, it shall be reported to the
JCP Compliance Officer within 24 hours.
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 12 of 15
24. Turbidity Reports: Turbidity monitoring reports shall be submitted to the JCP
Compliance Officer on a weekly basis, within seven (7) days of collection. Reports shall
be submitted under a cover letter containing the following statement: "This information
is provided in partial fulfillment of the monitoring requirements in Permit No.
0142538-009-JC, Wiggins Pass Entrance Channel Maintenance Dredging." The
cover letter shall summarize any significant compliance issues and the dates or
monitoring period of the reports. Also, please clearly reference the permit number on
each page of the reports. In addition to analytical results for samples and quality control,
each report should also include:
a. Specific monitoring requirements for the sampling location;
b. Time and date samples were taken;
c. Sampling results, the net difference between compliance and background results,
and whether the turbidity level is in compliance.
b. Depth of water body and depth of samples;
c. Antecedent weather conditions, including wind direction and velocity;
d. Tidal stage and direction of flow;
e. A statement describing the methods used in collection, handling and analysis of
the samples;
f. Turbidity meter calibration/verification documentation;
g. A map indicating the location of the current construction activity, the sampling
locations (background and compliance), the visible plume pattern of the
applicable mixing zone, and location of nearby Outstanding Florida Waters, if
applicable; and
h. A statement by the individual responsible for implementation of the sampling
program concerning the authenticity, precision, limits of detection and accuracy
of the data.
BIOLOGICAL MONITORING
25. If nearshore disposal of dredged material occurs off of Barefoot Beach State Preserve,
between R-ll.4 and R-12, the Permittee shall conduct post-construction Biological
Monitoring of the nearshore hardbottom adjacent to this location for at least 1, and up to
three, years following maintenance dredging. The Permittee shall submit a draft
Biological Monitoring Plan to the Department within 30 days of completion of the
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Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 13 of 15
maintenance dredging, for review and approval. This plan shall incorporate the
monitoring details outlined in Phase III and Appendix B of the Contingency Biological
Monitoring Plan (dated September 10, 2010). Once the plan is approved, the first post-
construction field survey shall be conducted, ideally between May and September of the
following summer. Comparison of post-construction biological monitoring data for
nearshore hardbottom impacts shall be made with the 2009 field survey, which serves as
the baseline survey of this area for future maintenance dredging.
PHYSICAL MONITORING
26. The Permittee shall conduct the annual monitoring program as specified in the
Wiggins Pass Maintenance Dredging - Physical Monitoring Plan, dated November 5,
2010 (approved November 9,2010). The approved Monitoring Plan can be revised at
any later time by written request of the Permittee and with the written approval of the
Department. If subsequent to approval of the Monitoring Plan there is a request for
modification of the permit, the Department may require revised or additional monitoring
requirements as a condition of approval of the permit modification.
The monitoring program shall generally include the following:
a. Topographic and bathymetric profile surveys of the beach and offshore shall be
conducted within 90 days prior to commencement of construction, and within 60
days following completion of construction of the project. Thereafter, monitoring
surveys shall be conducted annually for a period of three (3) years. The
monitoring surveys shall be conducted during a spring or summer month and
repeated as close as practicable during that same month of the year. If the time
period between the immediate post-construction survey and the first annual
monitoring survey is less than six months, then the Permittee may request a
postponement of the first monitoring survey until the following spring/summer.
The request should be submitted as part of the cover letter for the post-
construction report.
The monitoring area shall include profile surveys at each of the Department of
Environmental Protection's DNR reference monuments R-I0 through R-22. The
MHW shoreline north of R -17 at the west corner and the interior of Delnor-
Wiggins Park will be surveyed to validate and supplement the shoreline identified
from aerial photos of the area. The MHW survey will extend from R-17
approximately 1,500 feet north and east along the sandy shoreline. All work
activities and deliverables shall be conducted in accordance with the latest update
of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for
Beach Erosion Control Projects, Sections 01000 and 01100.
b. Bathymetric surveys of the Wiggins Pass ebb shoal and navigation entrance
channel shall be conducted within 90 days prior to commencement of
101
Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 14 of 15
construction, and within 60 days following completion of construction of the
project concurrently with the beach and offshore surveys required above.
Thereafter, monitoring surveys shall be conducted annually for a period of three
(3) years concurrently with the beach and offshore surveys required above.
The bathymetric surveys conducted under Permit No. 0142538-001-JC will be
extended to cover the entire distance between R -15 and R -18. In all other aspects,
work activities and deliverables shall be consistent with the BBCS Monitoring
Standardsfor Beach Erosion Control Projects, Section 01200.
c. The Permittee shall submit an engineering report and the monitoring data to the
BBCS within 90 days following completion of the post-construction survey and
each annual or biennial monitoring survey. Aerial photographs will be provided
from the County's program supporting other purposes, such as for environmental
monitoring or property appraisal, which are collected annually. The report shall
summarize and discuss the data, the performance of the beach fill project, and
identify erosion and accretion patterns within the monitored area. In addition, the
report shall include a comparative review of project performance to performance
expectations and identification of adverse impacts attributable to the project.
Appendices shall include plots of survey profiles and graphical representations of
volumetric and shoreline position changes for the monitoring area. Results shall
be analyzed for patterns, trends, or changes between annual surveys and
cumulatively since project construction. Any shoreline and volume changes north
of R-17 at the west corner and the interior of Delnor- Wiggins State Park shall be
identified and reported, after which attribution shall be made to the dredging or
other causes.
d. Two paper copies and one electronic copy of the monitoring report, and one
electronic copy of the survey data shall be submitted to the Bureau of Beaches
and Coastal Systems in Tallahassee. Failure to submit reports and data in a timely
manner constitutes grounds for revocation of the permit. When submitting any
monitoring information to the Bureau, please include a transmittal cover letter
clearly labeled with the following at the top of each page: "This monitoring
information is submitted in accordance with monitoring requirements in
under Permit No. 0142538-009-JC for the monitoring period [XX].
(the rest of this page intentionally left blank)
lOr({
Draft Joint Coastal Permit
Wiggins Pass Entrance Channel Maintenance Dredging
Permit No. 0142538-009-JC
Page 15 of 15
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
DRAFT
Michael R. Barnett, P .E., Chief
Bureau of Beaches and Coastal Systems
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated
Department Clerk, receipt of which is hereby acknowledged.
Deputy Clerk
Date
Prepared by Merrie Beth Neely. Ph.D.
Attachments: Approved Permit Drawings (5 pages)
Contingency Biological Monitoring Plan (dated September 10, 20 I 0)
Physical Monitoring Plan (Approved November 9,2010)
)
,1 (JJ I({
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Wiggins Pass Maintenance Dredging
BID NO. 11-5633
Full Name of Bidder Southw; nd Construct; on Corp
Main Business Address 14649 Hwy 41 North, Ste 100, Evansville, IN 47725
Place of Business
Evansvill e, IN
Telephone No.
Fax No. 812-867-4477
812-867-7220
State Contractor's License # FL CGC1505210
State of Florida Certificate of Authority Document Number P39073
Federal Tax Identification Number 35-1474620
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and in the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid pages.
)
GC-P-1
Co1lie~ County Online Bidding System - Submit Bid Online
pa~IQK
Submit Bid Online
iIInrJiJtliLJUl1 JU.I~
Acti\le
Solicitation Title: Wiggins Pass Maintenance Dredging (Pre-bid 12115/10) SJ
Solicitation Number: 11-5633
Expired
_tJJ I.J Il~"U
Solldtatlon SUmmary I Soedflcatlons. Terms. and Conditions I QM I Submit Bid Online
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Please 80"011 down to fitlln your bid and review our dlsdalmen; In detail.
City: Collier County Purchasina
Contact: Scottlohnson@colliemov,net
Sollcitotion Storts: Fnday, December 03, 2010 10:00:00 AM Eastern
Solicitotion Ends: Wednesday, January OS, 2011 2:30:00 PM Eastern
Submission Method: Electronic
Commodity
General Contractor
Dredging Service
Subcommodlty
(Unspecified)
(Unspecified)
File Requested
Bid Bond
File
File Title
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* Input 0 if the cost of the item is included.
Item No. Estimated Quantity
Unit of Measure
Description
Mobilization &. Demobilization for Dredging
Unit Price
Item Total
49990
LS
CY
LS
Dredging and Disposal of sand north of Wiggins Pass
5.29 .
15.288.00 .
33.1Jdz.00 .
$520.SSS.OO
26'J.'IJJ].10
15.288.00
33.~2.oo
~ab.oo. 2.~.OO
Grand Total $836.092. 10
3
Wiggins Pass Turbidity 8. Enviornmental MonitorIng
4
LS
Construction Surverys
Each
Sand Analysis
Calculate
Disclaimer
By using the Collier County Online Bidding System, you are affirming that you a~ duly authorized to submit thls bid, that this bid has not been prepared in
collusion with any other bidder', and that the contents of this bId have not been communicated to any other bidder prtor to the official due date and time.
Furthermore, you are acknowledging that you have read, understood, and ac:cept the terms and condiUons of this solicitation and that your bid meets or exceeds
the minimum specifications contained In this invitation to bid.
[]I agree.
Bid Doc:umfmt (downloaded)
o I have downloaded and read the above document.
~ (downloaded)
o I have downloaded and read the above document.
Soecifications (downloaded)
o I have downloaded and read the above document.
I Confirm Bid II Ca ncel I
Orlline Bidding Svil:em verSlon 1.0 created by VISion Internet
http://bid.colliergov.net/bid/submit.asp?id= EAE295 84-C56D-4C7D-9F2E- F7FFBBAD03... 12/28/2010
10K
'I BID SCHEDULE
Wiggins Pass Maintenance Dredging
Bid No. 11-5633
Please input your prices at www.collieraov.net/bid
GC-P-2
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MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A(Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL EXCEPTION MANUFACTURER
1, No material to be used
2.
3.
4.
5.
Please insert additional pages as necessary.
GC-P-3
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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.
Does not apply
2.
3.
4.
5.
GC-P-4
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STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the last five years is a judge of its experience, skill and business standing and of its
ability to conduct the work as completely and as rapidly as required under the terms of
the Agreement.
Project and Location Reference
1.
Ft Myers Beach Maintenance Dredging Corps of Engineers - Jacksonville Dist.
Florida
Beau Corbett
2.
Longboat Key & Treasure Island Corps of Engineers - Jacksonville Dist.
Pinellas County, Florida
Dolly Colwell
3.
Bear Inlet, North Carolina Corps of Engineers - Wilmington, NC
Danny Kissam
4.
Hoskins Creek, Virginia Corp of Engineers - Norfolk Dist.
Tracey Hughes
5.
Levee Restoration - Houma, LA Corp of Engineers - St Louis Dist.
Terrebonne Parish, LA
Archie Ringenberg
6.
Maintenance Dredging, Baltimore, MD Corps of Engineers - Baltimore, MD
Linda Evans
Dated 114/11 Southwind Construction Corp
Bidder
BY: Donald Seibert d2ep." � Ai
GC-P-5
10KF.
TRENCH SAFETY ACT
Bidder acknowledges that included in the various items of the bid and in the Total Bid
Price are costs for complying with the Florida Trench Safety Act(90-96, Laws of Florida)
effective October 1, 1990. The Bidder further identifies the cost to be summarized
below:
Trench Safety Units of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (LF,SY)
1_ Does not apply
2.
3.
4.
5.
TOTAL $
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 1/4/11 Southwind Construction Corp
Bidder
BY: _49.,
- .wri
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Cr
county Affidavit for Claiming Status as a Local Business
l ckninistreidnle Semites Didion
Purdy
BID#:11-5633(CHECK APPROPRIATE BOXES BELOW)
State of Florida(Select County if Vendor is described as a Local Business
❑Collier County
❑Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A local business"is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one(1)year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased,and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing,a vendor shall not be considered a"local business"unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way.This may include, but not be
limited to,the retention and expansion of employment opportunities,the support and increase to either Collier or
Lee County's tax base,and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a"local business"under this section.
Vendor must complete the following information:
Year Business Established in['Collier County or❑Lee County:
Number of Employees(Including Owner(s)or Corporate Officers):
Number of Employees Living in❑Collier County or❑Lee(Including Owner(s)or Corporate Officers):
If requested by the County,vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Collier or Lee County Address:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me,a Notary Public,for the above State and County,on this Day of
, 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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..4t...a...........ounly
) Adniiabatiue S ivioe4 DMobn
Purchsing
Immigration Law Affidavit Certification
Solicitation#and Title: 11-5563 Wiggins Pass Maintenance Dredging
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-Verifv proslram,
shall deem the Vendor/Bidder's proposal as non-responsive.Documentation of these requirements will
not be accepted after the bid/proposal deadline date.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section
274A(e)of the Immigration and Nationality Act("INK).
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 Southwind Construction Corp
Print Name Donald Seibert Title CEO
Signature , - Date 1/4/11
State of Indiana
County of Vanderburoh
The foregoing instrument was signed and acknowledged before me this 4th day of January ,
20 1 11,by
Donald Seibert who has produced Drivers License 8921269721 as identification.
(Print or Type Name) (Type of Identification and Number)
N
\\-°J41/4Ackl--
otary o Public Sig re
Beverly Hensley
Printed Name of Notary Public
567827 / 8/12/2015
9 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.
GC-P-8
10K t,ig
Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
} the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that, since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within thirty (30) consecutive calendar days, computed by excluding the
commencement date and including the last day of such period, and to be fully completed to the
) point of final acceptance by the Owner within fifteen (15) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day
of such period but in any event not later than April 30, 2011.
Respectfully Submitted:
State of Indiana
County of Vanderburgh
Donald Seibert , being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
Donald Seibert , 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.
(a) Corporation
The Bidder is a corporation organized and existing under the laws of the State of
Indiana , which operates under the legal name of
Soutlwind Construction Corp , and the full names of its officers are
as follows:
GC-P-9
10K . '‘.
CEO Donald Seibert
President Stephen Bassett
Secretary Thomas Barnes
Treasurer Thomas Barnes
Manager Darrell Stewart
The CEO is authorized to sign construction bids and
contracts for the company by action of its Board of Directors taken
la
(b) Co-Partnership
The Bidder is a co-partnership consisting of individual partners whose full names are as follows:
•
The co-partnership does business under the legal name of:
(c) Individual
The Bidder is an individual whose full name is , and if
operating under a trade name, said trade name is .
DATED January 4, 2011 Southwind Construction Corp
DD legal entity
/ SLR' BY: Donald Seibert
Witness Name of Bidder(Ty•ed)
li es 1 Signature
CEO
Title
1
GC-P-10
1
STATE OF Indiana
') COUNTY OF Vanderhurgh
The foregoing instrument was acknowledged before me this 4th day of January , 201P, 2011
by Ikr,ald s..iherf , as CEO of
Southwind Cnnstrnef;nn Corp , a Indiana corporation, on behalf of the
corporation. Heiaba is personally known to me or has produced
as identification and did
(did not)take an oath.
My Commission Expires: August 12, 2015 Nib — —
(Signature of -ry)
NAME: Beverly Hensley
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of IN
Commission No.: 567827
GC-P-11
1 0 K
•
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we Southwind Construction Corp.
(herein after called the Principal) and
. Fidelity and Deposit Company of Maryland
(herein called the Surety), a corporation chartered and existing under the laws of the
State of Maryland with its principal offices in the city of Baltimore
and authorized to do business in the State of . Florida are held and
firmly bound unto the Collier County
(hereinafter called the Owner), in the full and just sum of
dollars ($5% of the base bid plus)
five percent of the base bid plus all add alrprnarpa pll add altornatac
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 Maintenance Dredging
Bid No. 11-5633
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 5cert iificatessofindsuurance, if the PRINCIPAL shall pay to the OBLIGEE
the fixed sum of $ add alternates noedl 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.
GC-P-12
1OKI
THIS SHEET MUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Purchasing Department
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign in the spaces indicated and return with
your Bid.
Bidder should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. Any required drawings, descriptive literature, etc. have been included.
5. Any delivery information required is included.
6. Local Vendor Preference Affidavit completed.
7. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
8. Certificate of Authority to Conduct Business in State of Florida
9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
10.Any addenda have been signed and included.
11.The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami TrI E
Naples FL 34112
12.The mailing envelope must be sealed and marked with:
=Bid Number;11-5633
=Project Name;Wiggins Pass Maintenance Dredging
=Opening Date. 116110
13.The Bid will be mailed or delivered in time to be received no later than the specified
opening date and time, otherwise Bid cannot be considered.
ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER
AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET
Southwind Construction rp
Bider
d'/ c ra
Signature & tle
Date: 1/4/11
GC-P-14
Related License Information Page 1 of 1
lox kl*!gl
Print
Licensee
Name: BASSETT,STEPHEN L License Number: 1505210
Rank: Certified General Contractor License Expiration Date: 08/31/2012
Primary Status: Current Original License Date: 02/06/2003
Secondary Status: Active
Related License Information
License Relationship Relation Expiration
Number Status Related Party Type Effective Rank Date
ate
24228 Current SOUTHWIND CONSTRUCTION CORP Primary 02/06/2003 Construction 08/31/2011
Qualifying Business
Agent for Information
Business
https://www.myfloridalicense.com/relationList.asp?record_cnt=1&LicId=932196&Lnam... 12/16/2010
elo 1"
EmployerWizard Pa g
EVery - 1111111
Welcome User ID Last Login
Employment Eligibility Verification Beverly Hensley BHEN1602 02:51 PM-12/28/2010 Log Out
Home Company Information
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View Cases Company Name: Southwind Construction Corp View/Edit
My Profile Company ID Number: 165725
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Edit Company Profile Address 1: 14649 Hwy 41 North,Ste 100 Address 1:
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View Existing Users City: Evansville City:
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State: IN State:
Zip Code: 47725 Zip Code:
My Reports County: VANDERBURGH
View Reports
My Resources Additional Information:
View Essential Resources Employer Identification Number:351474620
Take Tutorial Total Number of Employees: 20 to 99
View User Manual Parent Organization: Southwind Holdings Corp
Administrator:
Contact Us
Organization Designation:
Employer Category: None of these categories apply
NAICS Code: 237-HEAVY AND CIVIL ENGINEERING CONSTRUCTION I View I Edit
Total Hiring Sites: 1 I VWw/Edit
Total Points of Contact: 1 View/Edit
U.S.Department of Homeland Security-www.dhs.gov U.S.Citizenship and Immigration Services-www.rucis.gov
Accessibility Download Viewers
https://e-verify.uscis.gov/emp/EmployerWizard.aspx 12/28/2010
1 O K 64,1
PRE-BID INFORMATION
(Attach to Bid Form and include attachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award;therefore,be specific.
Hydraulic Dredge & Pipeline
See attached schedule
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?
,) 14"
5,000 cy
1 Month and 8 days
C. What size and type of equipment will you used on this project, to include scows,
boosters,cranes,barges,etc.?What equipment will you purchase or rent for the proposed
work?
No equipment will be rented
10K
D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
Mike Will - see attached resume
Richard Lassen - see attached resume
Mike Lynn - See Attached Resume
E. List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
Job - Stump Pass, FL - Owner, Charlotte County, FL - $3,763,066- Completion date April, 2011
Job - Salt Pond, Hampton, Virginia - Owner 0 City of Hampton, -$286,691 - Completion date
2/1/2011
F. Will you sublet any part of this work?If so,give details.
No
G. What is the last dredging project of this nature that you have completed?
Pinellas County - Long Key & Treasure Island - FL
H. Have you ever failed to complete work awarded to you: If so,where and why?
No
1OK iki
I. Is the dredge to be used for the proposed work certified for open ocean dredging by the
) American Bureau of Shipping(ABS)?Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
Certification not required for this project because this site is not outside the boundary
line. The boundary line extends from Marquesas Key, FL to Reo Grande, TX.
J. List experience with Gulf/open ocean ebb channel(shoal)dredging.
Job - Ft Myers Beach Restoration Project
Job - Long Key and Treasure Island, FL
K. Name three individuals or corporations for which you have performed work and their
contact information as references.
Mike Lyons - US Army Corp of Enq - Jacksonville Dist. 904-232-3818
Mike Poff - Coastal Engineering Consultants - 941-643-2324
Jim Gunn
) Greg Gardy - Coastal Design & Consultants - 804-693-4158
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
ZfellaidM6 ----
Signature of Bidder
By Donald Seibert
Name
Business Address 14649 Hwy 41 North, Ste 100
Evansville, IN 47725
Incorporated under the laws of the State of Indiana .
)
10K
co 11er y Email: @colliergov.net
Telephone: (239)
gdminisirabwe Services Division FAX: (239)
Purchasing
ADDENDUM Number
Memorandum
Date: December 30,2010
From: Scott Johnson
Purchasing Agent
To: Interested Bidders
Subject: Addendum#1
Solicitation#and Title 11-5633 Wiggins Pass Maintenance Dredging
The following clarifications are issued as an addendum identifying the following change(s)
for the referenced solicitation:
1. Draft Order for Permit
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.
12-30-2010
Garsa[� `���f�...000 Date
(Signature)
Southwind Construction Corp
(Name of Firm)
AddendumTemplate
Revised:4/15/10
1
10K
SOUTHWIND
CONSTRUCTION
r v..epp t E+pM..w.W..*YS Toffw.er
MICHAEL L. WILL
Mr. Will has many years experience with a wide range of dredging and dewatering
projects. His experience includes Project Supervision as well as direct personnel
supervision. As Supervisor,Mr. Will has been responsible for scheduling,quality,
equipment maintenance, manpower and safety. In addition to his dredging
experience,he has many man hours in site work and heavy equipment operation.
REPRESENTATIVE EXPERIENCE
Supervisor for Channel Relocation for Mason Inlet,Wilmington,NC—517,372 CY.
Supervisor for Maintenance Dredging for Corps of Engineers—Norfolk District—Waterways
on the Coast of Virginia, 177.072 CY.
Supervisor for Maintenance Dredging for Corps of Engineers—Baltimore District—Honga
River—270,747 CY
Supervisor for dredging for Corps of Engineers—Norfolk District—Horn Harbor,21,836 CY.
Supervisor for dredging for Apple Canyon,Apple River, IL.
Supervisor for dredging for Indianapolis Power&Light,Petersburg, IN.— 1,000,000 CY.
Supervisor for Toyota Gibson Co.Plant,Princeton,IN.—Site Preparation$15,000,000 Project
Supervisor for Hoosier Energy Merom Power Plant,Merom,Indiana.
Foreman 2nd shift Pelucia Creek, Greenwood,MS -$4,500,000 Project
Supervisor 14" dredge for City of Decatur,Illinois dredging Decatur Lake Basin#5
approximately 2.1 million yards.
Supervisor 16"dredge for Alcoa,Warrick County dredging approximately 1 million CY.
Supervisor for Louisville Gas&Electric Trimble County Power Plant,replaced clay liners
on ash pond.
10K 1 .
MICHAEL L. WILL
Page 2
Supervisor for Waste Management,Louisville,Kentucky.
Laborer/Operator Experience
• Foreman and Operator of 14"Dredge at Watertown Marina,Cincinnati,OH.
• Worked on 10"Dredge as Engineer 2nd shift for Power Co.near Charlottesville,VA
• Operated Scraper and Bull Dozer at Peabody Coal Co.Mine in Marissa,IL
• Operated Scraper and Dozer 2nd shift at Vigo Coal Mine in Boonville,IN,Worked
with reclamation of strip mine.
• Operator on Slurry Cell at Amax Coal in Boonville,IN
• Operator at Old Ben Mine 21,24 and 25. Built three Slurry Cells near Benton,IL
• Operated Dozer on mine reclamation near Harrisburg, IL
• Operated 14"Dredge for Army Corps Engineer at Lake of Springfield, Springfield,
IL.
• Operated 10 inch Dredge and Foreman at Inland Marina,Evansville,IN
•
• Laborer at Old Ben Coal Mine,Morganfield,KY and Amax Coal Company,
Harrisburg,IL
• Operated 14"dredge for Alcoa,Warrick County.
• Operated 14"dredge for TVA,Chattanooga,Tennessee and Dayton Power&Light
in Cincinnati,Ohio.
PROFESSIONAL TRAINING
• Construction Quality Management for Contractors
• 30-hour OSHA Construction Safety
• Hazwoper—40 Hour
• CPR
• Hazcom
• First Aid
EDUCATION
Oakland City College,Oakland City,IN-Graduate
1 0 K 0
SOUTHWIND
CONSTRUCTION
rah/Row&f 1d,c.Wmkkt(Together
RICHARD LASSEN
Southwind Construction
Mr.Lassen has over thirty-five years experience with private and public sector
dredging, dewatering, and site work projects ranging from hands-on heavy equipment
operation to, Quality Control Management,Site Safety Health Officer& as a Site
Superintendent
REPRESENTATIVE EXPERIENCE
Currently assigned duty of Site Safety and Health Officer(SSHO)for the Fort Myers Beach
Harbor 12-Foot Project,in Lee County,Florida.
Mr.Lassen recently served as the Health and Safety Officer and as the Quality Control
Systems Manager on the Jupiter Inlet project in Jupiter,Florida. In addition,along with this
project he previously managed two concurrent projects with the USACE Baltimore District
in Chesapeake Bay. These projects included Honga River and Herring Bay. He also
managed the Lake Montauk project out of the USACE New York District. Mr.Lassen's
responsibilities include implementation and assurance of all Quality Control and Site Safety
&Health requirements. The responsibility for these two projects included scheduling,
preparatory and initial phase checklists,equipment safety checklist,daily safety and health
inspections,mishap investigations,implement and enforce accepted APP's and AHA's,
maintain deficiencies tracking system,ensure sub contractor compliance,environmental
assessments,effluent compliance sampling/logging,and daily quality control report
submittal.
Directed activities of workers concerned with dredging and dewatering projects by
performing the following duties personally.
Planned production operations. Established riorities
p � and sequences for dredging,
dewatering and site work projects.
Prepared operational schedule and coordinated dredging and dewatering activities to
ensure production,quality services and environmental compliance.
Reviewed production and operating reports and resolved operation,and maintenance
problems to ensure minimum costs and prevent operational delays.
Inspected machines and equipment to ensure specific operational performance and
optimum utilization.
Developed and/or revised standard operational and working practices and observed
workers to ensure compliance with standards including environmental compliance.
10K11
R.Lassen
Page 2
Evaluated specifications to plan procedure for a project on the basis of starting and
completion times and staffing requirements for each phase of the projects.
Responsible for turbidity monitoring and environmental compliance on various
government projects.
Ordered procurement of tools and materials to be delivered at specified times to conform
to work schedules.
Conferred with subcontractors engaged in planning and executing work procedures,
interpreting specifications and coordinating various phases of construction to prevent delays.
Inspected work in progress to ensure that workmanship conformed to specifications,
environmental guidelines and production schedules.
• Experience with related equipment includes:
• Welding
• Fitting
• Tugs
• Cranes
• Dozers(and various other types of heavy equipment)
Experience with Hydraulic Dredging Projects including: (Partial List)
Quality Control Manager/SSHO,Jupiter Inlet,Jupiter,Florida,Inlet District 2009
Quality Control Manager/SSHO,Honga River,USACE Baltimore District 2009
Quality Control Manager/SSHO,Herring Bay,USACE Baltimore District 2009
Quality Control Manager/SSHO,Lake Montauk,USACE New York District 2008
Supervisor at Jeremy Creek South Carolina,USACE Charleston District 2008
Supervisor at Volusia County Florida,USACE Jacksonville District 2008
Supervisor at Dismal Swamp Virginia,USACE Norfolk District 2008
Supervisor at Matanzas Inlet Florida,USACE Jacksonville District 2007
Supervisor/SSHO,Cape Lookout Nat. Sea Shore,USACE Wilmington District 2006
Supervisor at Chesterfield Station,Chester,VA 2005
Supervisor at Alcoa Warrick Operations,IN 2004,2005 and 2006
Supervisor/SSHO,Scarborough River in Maine,USACE New England District 2004
Supervisor at Beckjord Station,Cincinnati Gas&Electric,New Richmond,IN 2003
Supervisor at Bremo Bluff,Dominion Generation, Glenn Allen,VA 2003
ACHIEVEMENTS AND TRAINING
• First Aid
• CPR
• Hazwoper Waste Training(8 Hour Refresher Course)
• Supervisor Training
• OSHA (10 Hour Construction)
• Association of Reciprocal Safety Councils,Inc.Training
• USACE Construction Quality Management Training for Contractors
10K tti
R.Lassen
Page 2
Mr. Lassen is considered to be a COMPETENT PERSON he capable of
identifying existing hazards and predictable hazards. He has the authority to
eliminate the hazards and stop the project at any time when life, equipment and
property are in harm's way. His knowledge, skills and abilities allow him to be
proactive before, during and after the projects. Mr. Lassen's training, education
and experiences has been instrumental in providing and creating a safe and
healthy environment for the employees to work.
0K
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JAN-05-2011 10:08 Howard Construction . 3366629060 P.001
10K
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Wiggins Pass Maintenance Dredging
BID NO. 11-5633
Full Name of Bidder PAUL HOWARD CONSTRUCTION COMPANY, INC.
Main Business Address POST OFFICE BOX 35227, GREENSBORO, NC 27425
Place of Business GREENSBORO, GUILFORD COUNTY, NORTH CAROLINA
Telephone No. (336) 662-9050 Fax No. (336) 662-9060
State Contractor's License# CGC 1506022
State of Florida Certificate of Authority Document Number NOT APPLICABLE
Federal Tax Identification Number 61-1420620
To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
(hereinafter called the Owner)
The undersigned, as Bidder declares that the only person or parties interested in this
Bid as principals are those named herein, that this Bid is submitted without collusion
with any other person, firm or corporation; that it has carefully examined the location of
the proposed Work, the proposed form of Agreement and all other Contract Documents
and Bonds, and the Contract Drawings and Specifications.
Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement
included in the Bidding Documents, to provide all necessary machinery, tools,
apparatus and other means of construction, including utility and transportation services
necessary to do all the Work, and furnish all the materials and equipment specified or
referred to in the Contract Documents in the manner and time herein prescribed and
according to the requirements of the Owner as therein set forth, furnish the Contractor's
Bonds and Insurance specified in the General Conditions of the Contract, and to do all
other things required of the Contractor by the Contract Documents, and that it will take
full payment the sums set forth in the following Bid Schedule:
Unit prices shall be provided in no more than two decimal points, and In the case
where further decimal points are inadvertently provided, rounding to two decimal
points will be conducted by Purchasing staff.
NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your
bid.pages.
.
GC-P-1
JAN-05-2011 10:08
Howard Construction
BID SCHEDULE
Wiggins Pass Maintenance Dredging
Bid No. 11-5633
Please input your prices at www.collieraov.netlbid
GC-P-2
3366629060
P.002
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~
III
JAN-05-2011 10:08
Howard Construction
3366629060
P.003
10K '"
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-
RESPONSIVE
All Bidders shall confirm by signature that they will provide the manufacturers and
materials outlined in this Bid specifications. Exceptions (when equals are acceptable)
may be requested by completing the Material Manufacturer Exception List below. If an
exception for a manufacturer and/or material is proposed and listed below and is not
approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in
the specification. Acceptance of this form does not constitute acceptance of material
proposed on this list.
Complete and sign section A OR B.
Section A (Acceptance of all manufactures and materials in Bid specifications)
On behalf of my firm, I confirm that we will use all manufacturers and materials
as specifically outlined in the Bid specifications.
Company:
Signature: ~.IaLOd Ci/;lJ
Date: II "II/J
Section B (Exception requested to Bid specifications manufacturers and materials)
EXCEPTION MATERIAL
EXCEPTION MANUFACTURER
1.
2.
3.
4.
5.
Please insert additional pages as necessary.
Company:
Signature:
Date:
GC-P-3
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Howard Construction
3366629060
P.004
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w
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.
J!i..fd'"o 7r11Ji;,'c. '.JU'''(/~'t'f 1/1...,H~{urY'<?'r _"'
I / <.J~ 7 e I -4//t: '"J v< ,/:;./1.)"'
.dr., a/e.... /C-I''P'/ /~...)' ;4
.?Y.J./~
2.
3.
4.
5.
Company: PAUL HOWARD CONSTRUCTION COMPANY, INC.
Signature: ~~
RICHARD T HOWARD JR - PRESIDENT
Date: 01/15/2011
GC-P-4
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t~1
iii
51 A TEMEN1 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.
Proiect and Location
Reference
1.
Please See Attached "Dredging Reference List"
2.
3.
4.
5.
6.
Dated 01l05/20Ll PAUL HOWARD CONSTRUCTION COMPANY. INC.
Bidder
BY: ~C)r%II-
RICHARD T HOWARD JR
PRESIDENT
GC-P-5
JAN-05-2011 10:08
Howard Construction
3366629060
P.006
DREDGING REFRERENCE LIST
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder is required to state below what work of similar magnitude completed within
the ICJ5t flce 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.
IOK
!~
Project and Location Reference
Maintenance Dredging-Indian River Inlet David Olson, PE
Sussex County, Delaware US Army Corps of Engineers
Quantity: 360,000 CY Philadelphia District
Contract No: W912BU-09-C-0044 (267) 446-5257
Contract Value: $3,345,717 david.i.olson@Jusace.armv.mil
Maintenance Dredging-Long Island Intracoastal Ken Peterson
Waterway. Suffolk County, New York US Army Corps of Engineers
Quantity: 70,000 CV New York District
Contract No: W912DS-IO-C-0009 (651) 290-5359
Contract Value: $1,454,852 kenneth. i.peterson@usace.armv.mil
Marsh Creation & Shoreline Protection Mike Winters. PE
Ocracoke, North Carolina Moffatt & Nichol
State of North Carolina Contr. No. SCO#04597401 (919) 781-4626
Contract Value: $1.841.642 mwinters@moffattnichol.com
Cape Fear River Crossing Frank Styers
30" Water Transmission Main Cape Fear Public Utility Authority
Wilmington, North Carolina Wilmington, North Carolina
Contract Value: $3,560,477 (910) 332-6560
Town of Sunset Beach, North Carolina Norris Reed
7,200' of Residential Canals, with a remote Paul Howard Construction Company, Inc.
disposal element Greensboro, North Carolina
Sunset Beach, North Carolina (252) 422.1076
Lake Decatur Basin 6 Dredging Project Vance Mangum of Paul Howard Construction
Lake Decatur, Illinois Keith Alexander
City of Decatur, Illinois
(217) 424-2863
JAN-05-2011 10:08
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3366629060 P.007
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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
Measure
(Description)
Units of
Measure
(IF ,SY)
Unit
(Quantity)
Unit
Cost
Extended
Cost
1.
2.
3.
4.
5.
,Ale I /11'/1 II' c:" ~ 1<(.
;z.:",,~
TOTAL
$
Failure to complete the above may result in the Bid being declared non-responsive.
Dated 01/05/2011 PAUL HOWARD CONSTRUCTION COMPANY. INC.
Bidder
BY: ~ c::::rrlC#-
RICHARD T HOWARD JR
PRESIDENT
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Howard Construction
33I6{jK
res
eoltr County
Admnistrative Services DMskJn
PurchOlSing
Affidavit for Claiming Status as a Local Business
SID #:11-5633 (CHECK APPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor is described as a Local Business
o Collier County
o Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in DCollier County or D Lee County:
Number of Employees (Including OWner(s) or Corporate Officers):
Number of Employees Living in D Collier County or 0 Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Date:
Collier or Lee County Address:
Signature:
Title:
STATE OF FLORIDA
o COLLIER COUNTY
o LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
,20 .
Day of
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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Howard Construction
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~
.A.drnnistralJve Services Oivism
Purchasing
Immigration Law Affidavit Certification
lOK
i~
Solicitation # and Title: 11-5563 Wiggins Pass Maintenance Dredging
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with
formal Invitations to Bid (ITS's) and Request for Proposals (RFP) submittals. Further, Vendors I 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 ENerify Memorandum of Understanding for the
company. Failure to Include this Affidavit and acceptable evidence of enrollment In the E-Verlfv proaram.
shall deem the Vendor I Bidder's proDosal a8 non-responsive. Documentation of these reaulrements will
not be accepted after the bid I proposal deadline date.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section
274A(e) of the Immigration and Nationality Act ("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e)
of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA
shall be grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration
Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of
Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System
(E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration
at the time of submission of the Vendor's I Bidder's proposal.
PAUL HOWARD CONSTRUCTION COMPANY. INC.
Company Name
Print Name
RICHARD T HOWARD JR
Title
PRESIDENT
Signature
~G7f
Date 01/05/2011
State of NORTH CAROLINA
County of
GUILFORD
The foregoing Instrument was signed and acknowledged before me this
20.2..\ by
5
day of JANUARY
RICHARD T HOWARD JR who has produced
(Print or Type Name)
~~~.~*
JESSICA L. RALEIGH
Printed Name of Notary Public
091031i6ii
Notary Commission Number/Expiration
NCDL 4540354 as identification.
(Type of Identification and Number)
JESS.ICA. . l R.. A. lEIG~
NOTARY PUBLIC
GILFORD COUNTY, NC
My Com_Ian ~I~ I~
The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy
of this affidavit to interrogatories hereinafter made.
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Upon notification that its Bid has been awarded, the Successful Bidder will execute the
Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver
the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents.
The bid security attached is to become the property of the Owner in the event the Agreement,
Insurance Certificates and Bonds are not executed and delivered to Owner within the time
above set forth, as liquidated damages, for the delay and additional expense to the Owner, it
being recognized that. since time is of the essence, Owner will suffer financial loss if the
Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance
Certificates and Bonds within the required time period. In the event of such failure, the total
amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and
quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated
damages from the Successful Bidder in the event it fails to execute and deliver the Agreement,
Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby
expressly waives and relinquishes any right which it may have to seek to characterize the above
noted liquidated damages as a penalty, which the parties agree represents a fair and
reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder
fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely
manner.
Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site
within 5 calendar days from the commencement date stipulated in the written Notice to Proceed
unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later)
commencement date. The undersigned further agrees to substantially complete all work
covered by this Bid within thirty (30) consecutive calendar days, computed by eXCluding the
commencement date and including the last day of such period, and to be fully completed to the
point of final acceptance by the Owner within fifteen (15) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and including the last day
of such period but in any event not later than April 30, 2011.
Respectfullv Submitted:
State of NORTH CAROLINA
County of GUILFORD
RICHARD T HOWARD JR I being first duly sworn on oath
deposes and says that the Bidder on the above Bid is organized as indicated and that all
statements herein made are made on behalf of such Bidder and that this deponent is authorized
to make them.
RICHARD T HOWARD JR , 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.
(a) Corooration
The . ~ic:lder is. a corporation organized and
NORritGAR{)LtNA, . . wnich -operates
PAUL HOWARD CONSTRUCTION COMPANY. INC.
as follows:
existing under the laws of the State of
under the _ .Iegai , -na~.t)f
, and the full names of its officers are
GC-P-9
The PRESIDENT is authorized to sign construction bids and
contracts for the company hY***8dro**"Ofk**~**f3'<JaIfd.**~**'flite~**ta~e"
********************************~~~e~d~'~~8ft~S~~~~S~~~s
I".m:~if~a~et.
(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
DATED JANUARY 5. 2011
, and if
legal entity
PAUL HOWARD CONSTRUCTION COMPANY, INC.
Name of Bidder (Typed)
~~~'4~
Signature RICHARD T HOWARD JR
BY:
Witness
~~~~
Witr1'€ss ANNETTE HALL
SECRETARY
PRESIDENT
Title
GC-P~10
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3366629060
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STATE OF NORTH CAROLINA
lOK
~
COUNTY OF GUILFORD
The foregoing instrument was acknowledged before me this ~ day of JANUARY , 201'6', II
by RICHARD T HOWARD JR , as PRESIDENT of
PAUL HOWARD CONSTRUCTION COMPANY. INC. . a NORTH CAROLINA corporation, on behalf of the
corporation. He/she is personally known to me or has produced
NCDL 4540354 as identification and did
{dj"*,,.tr) take an oath.
My Commission Expires: 09/03/2012
~~ a4:.~~)
gnature of Notary)
NAME:
JESSICA L. RALEIGH
(Legibly Printed)
(AFFIX OFFICIAL SEAL)
Notary Public, State of NORTH CAROLINA
Commission No.:
JESSICA L R.4,. -;.""',!.
NOTARY PUE:L'(
GILFORD CCIJNrt NC ;
My Commlll6;Dn ~e:..n:!Jl.~~' ~ I
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ijJ
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that WP.
(herein after called the Principal) and
,
(herein called the Surety), a corporation chartered and existing under the laws of the
State of with its principal offices in the city of
and authorized to do business in the State of
firmly bound unto the
(hereinafter called the Owner),
are held and
in the full and just sum of
dollars ($ )
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 Maintenance Dredging
Bid No. 11-5633
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 fumished 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 $ 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.
GC-P-12
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P.014
i
IN TESTIMONY Thereof, the Principal and Surety have caused these presents to
be duly signed and sealed this day of .2010.
BY
Countersigned
Local Resident Producing Agent for
Principal
(Seal)
Surety
(Seal)
GC-P-13
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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:
vi. The Bid has been signed.
\/2. The Bid prices offered have been reviewed.
\/3. The price extensions and totals have been checked.
~. Any required drawings. descriptive literature. etc. have been included.
V5. Any delivery information required is included.
V6. Local Vendor Preference Affidavit completed.
V7. Immigration Affidavit completed and the company's E-Verify profile page or
memorandum of understanding
v8. Certificate of Authority to Conduct Business in State of Florida
\.0""9. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers
check has been included.
\/"10. Any addenda have been signed and included.
\/,11. The mailing envelope has been addressed to:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trl E
Naples Fl34112
12. The mailing envelope must be sealed and marked with:
(:)Bid Number;11-5633
(:)project Name; Wiggins Pass Maintenance Dredging
(:)Opening Date. 1/6/10
13. The Bid will be mailed or delivered in time to be received no later than the specified
aDenine 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
PAUL HOWARD CONSTRUCTION COMPANY. INC.
Bidder Name. /-c-..d /111
.."A,r.:A ~I "{" 'L#
Signature,&.Title RICRARP T H,OWARD JR - PRESIDENT
Date:JANUARY05~ 2011
GC-P-14
JAN-05-2011 10:08
Howard Construction
3366629060
P.016
10 K -,j
eoltr County
AdmnlStJatNe Services DrviSlOO
Purchasing
Email: @colliergov.net
Telephone: (239)
FAX: (239)
ADDENDUM Number
Memorandum
Date:
December 30,2010
From:
Scott Johnson
Purchasing Agent
To:
Interested Bidders
Subject:
Addendum # 1
Solicitation # and Title 11-5633 Wiggins Pass Maintenance Dredging
The following clarifications are issued as an addendum identifying the following change (s)
for the referenced solicitation:
1. Draft Order for Permit
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.
(Slgnatu"t,~wq
J!l4'" .4~M~.~ eJ-.r7.....~-h;;..., c.. 7:. {"
.,.
(Name of Firm)
//.;/t~
AddendumTemplate
Revised: 4/15/10
1
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Howard Construction
3366629060 P.017
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~.~
.
TABLE OF CONTENTS
A. PUBLIC NOTICElLEGAL ADVERTISEMENT (PAGE 1 ONLY)
B. INSTRUCTIONS TO BIDDERS
C. BID, BID SCHEDULE AND OTHER DOCUMENTS
D. AGREEMENT
E. AGREEMENT EXHIBITS
EXHIBIT A: Performance and Payment Bond Forms
EXHIBIT B: Insurance Requirement Form
EXHIBIT C: Release and Affidavit Fonn
EXHIBIT 0: Contractor Application for Payment Fonn
EXHIBIT E: Change Order Form
EXHIBIT F: Certificate of Substantial Completion Fonn
EXHIBIT G: Final Payment Checklist
EXHIBIT H: General Terms and Conditions
EXHIBIT I: Supplemental Terms and Conditions
EXHIBIT J: Technical Specifications
EXHIBIT K: Permits
EXHIBIT L: Standard Details (if applicable)
EXHIBIT M: Plans and Specifications prepared by Coastal Planning and
Engineering
and identified as follows: Wiggins Pass Maintenance Dredging
as shown on Plan Sheets 1 through 5.
EXHIBIT N: Contractor's List of Key Personnel
TOTAL P.017
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United States Surety Company
BID BOND
KNOW ALL MEN BY THESE PRESENT: That Paul Howard
Construction Co., Inc., P. O. Box 35227, Greensboro, NC. 27425 as principal,
and United States Surety Company as Surety, are held and firmly bound unto
Collier County, FL the amount of Five Percent of the Total Amount Bid (5%)
for the payment of which we bind ourselves, our iegal representatives,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to
Obligee on a contract -50,000 cy of dredging Wiggins Pass pumped to beach
NOW, THEREFORE, if the said contract be awarded to Principal and Principal
shall, within such time as may be specified, enter into the contract in writing and
give such bond or bonds as may be specified in the bidding or contract
documents with surety acceptable to Obligee; or if Principal shall fail to do so,
pay to Obligee the damages which Obligee may suffer by reason of such failure
not exceeding the penalty of this bond, then this obligation shall be void;
otherwise to remain in full force and effect.
Signed, sealed and dated
Paul Howard Construction Co., Inc.
December 22, 2010
POWER OF AITORNEY
3366629060 P.002
U~. sPICML1Qj{~ co~"'
JAN-05-2011 10:06
Howard Construction
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States
Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the
~~o!:1ll'anie5"), do b~ these presents make, constitute and appoint:
Todd A. Stein of Falrlawn, Ohio
its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above., with full power and authority
hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings
or other Instruments or contracts of suretyship to Include riders, amendments, and consents of surety, providlnl the bond
penalty does not exceed .......Three Million....... Dollan (5 "3,000,000.00" ).
This Power of Attorney shall expire without further action on December 8, 2012.This Power of Attorney is granted under and by
authority of the following resolutions adopted by the Boards of Directors of the Companies:
8. it Resoll'ed. that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or mare suilllble persons as Allorney(s)-in-Factto lqlrellent and act for and on beholf of Ihe Company subject 10 the followinll
provisions:
AllorntIY-'n-Fac/ may be given full power and authority for and in the name of and on behalf of the COmpllny. to execute. acknowledse and deliver, any and all bonds,
recognizances, conll1lClS, aareements or indemnity and other conditiOllal or obligalOry undcrtakinss and any and all notices and documents canceling or lenninating the
Company's liability therwnder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if siSned by the President
and sealed and effected by the Corporarc Secretary.
8e i/ RIlSOlvN. that the signature of any authorized offICer and seal of the Company heretofore or hereafter affixed 10 any power of aoorney or any certificate relating
thereto by facsimile. and any power Orallorne)' or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respCl:tto
any bond or undertakinglO which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this
1 Sdl day of June, 2009.
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S, SPECIALTY INSURANCE COMPANY
Corporate Seals
e.
By: I=t-~~~ .
Daniel P. Aguilar, Vice President
State of California
County of Los Angeles SS:
On this 15th day of June., 2009, before me, V. Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of
American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
. V. WIIIGtIT
Co",nllIlOll tI 1121t41
"", HalllW hiIoc - Cllila'nll
lOI ....,.... eo..ly .
M- c....'n f;.U o.c I. 2012
~
Signature ~~':\ '$):
(Seal)
I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty
Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attomey
are in full force and effect
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 22 nd day
of D~colRber ' *+0
QI?Q
~L\lO~
Corporate Seals
Bond No.
Agency No.
Jeannie J. Kim, A5slstant Secretary
TOTAL P.002
JAN-05-2011 10:07 Howard Construction
t:-Yerlr)!
Company 10 Number: 38;2. La 0 t..f-
THE ENERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
3366629060 P.001
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(. ._.':: \ 111111 .-
~_. 'J~f~'"
10K ;~
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of ajreement between . .
the Department of Homeland Security (DHS) and ~u 0 Ho&A.Jar COnS -hr~ c.-r.\O t""\
Co\'Y\~~:tiic..{EmPIOyer) regarding the Employer's participation in the Employment Eligibility
erification Program (E-Verify). This MOU explains certain features of the E-Verify
program and enumerates specific responsibilities of DHS. the Social Security
Administration (SSA) , and the Employer. E-Verify is a program that electronically
confirms an employee's eligibility to work in the United States after completion of the
Employment Eligibility Verification Form (Form 1-9). For covered government contractors,
E-Verify is used to verify the employment eligibility of all newly hired employees and all
existing employees assigned to Federal contracts or to verify the entire workforce if the
contractor so chooses.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (1IRIRA), Pub. L. 104-208.
110 Stat. 3009. as amended (8 U.S.C. ~ 1324a note). Authority for use of the E-Verify
program by Federal contractors and subcontractors covered by the terms of Subpart
22.18, "Employment Eligibility Verification-, of the Federal Acquisition Regulation (FAR)
(hereinafter referred to in this MOU as a -Federal contractor with the FAR E-Verify
clause") to verify the employment eligibility of certain employees working on Federal
contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the
Employer to confirm the accuracy of Social Security Numbers provided by all employees
verified under this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program.
SSA agrees to provide the Employer with names, titles, addresses, and telephone
numbers of SSA representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-
Verify program procedures, and to limit access to such information, as is appropriate by
law, to individuals responsible for the verification of Social Security Numbers and for
evaluation of the E-Verlfy program or such other persons or entities who may be
authorized by SSA as governed by the Privacy Act (5 U.S.C. ~ 552a), the Social Security
Act (42 U,S.C. 1306(a}), and SSAregulations(20 CFRPart 401).
Page 1 of 131 E.Verify MOU for Employer I Revision Date 09/01/09
www.dhs.gov/E.Verify
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=-verlr~
Company ID Number: '3 B ~ Lv 0 4-
3366629060 P.002
~~f ~~~
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4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or
tentative nonconflrmation of U.S. citizens' employment eligibility within 3 Federal
Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative
nonconfirmations that is designed to provide final confirmation or nonconfirmation of
U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and
non-citizens within 10 Federal Government work days of the date of referral to SSA,
unless SSA determines that more than 10 days may be necessary. In such cases, SSA
will provide additional verification instructions.
B. RESPONSIBILITIES OF D,HS
1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS
agrees to provide the Employer access to selected data from DHS's database to enable
the Employer to conduct, to the extent authorized by this MOU:
· Automated verification checks on employees by electronic means, and
· Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program.
DHS agrees to provide the Employer names, titles, addresses, and telephone numbers
of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to make available to the Employer at the E-Verify Web site and on the E~
Verify Web browser, instructional materials on E-Verify policies, procedures and
requirements for both SSA and DHS, including restrictions on the use of E-Verify. DHS
agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related
Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to
limit access to such information to individuals responsible for the verification of
employees' employment eligibility and for evaluation of the E-Verify program, or to such
other persons or entities as may be authorized by applicable law. Information will be
used only to verify the accuracy of Social Security Numbers and employment eligibility,
to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to
administer Federal contracting requirements.
Page 2 of 131 E-Verify MOU for Employer I Revision Dale 09/01/09
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7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification procedures) to provide confirmation or tentative
nonconfirmation of employees' employment eligibility within 3 Federal Government work
days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative
nonconfirmations and photo non-match tentative nonconfirmations that is designed to
provide final confirmation or nonconfirmation of the employees' employment eligibility
within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide
additional verification instructions.
c. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that
is clearly visible to prospective employees and all employees who are to be verified
through the system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses,
and telephone numbers of the Employer representatives to be contacted regarding E-
Verify .
3. The Employer agrees to become familiar with and comply with the most recent
version of the ENerify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify .
B. Failure to complete a refresher tutorial will prevent the Employer from
continued use of the program.
5. The Employer agrees to comply with current Form 1-9 procedures, with two
exceptions:
· If an employee presents a "List Bn identity document, the Employer agrees to
only accept "List B" documents that contain a photo. (List B documents identified in 8
C.F.R. ~ 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish
identity.) If an employee objects to the photo requirement for religious reasons, the
Employer should contact E-Verify at 888-464-4218.
· If an employee presents a DHS Form 1-551 (Permanent Resident Card) or Form
1-766 (Employment Authorization Document) to complete the Form 1-9, the
Employer agrees to make a photocopy of the document and to retain the
photocopy with the employee's Form 1-9. The photocopy must be of sufficient
qualitytn aUow forverificationcof.tbepboto and written, informationc .,. The employer
will use the photoc6pyt6 verify theph6toalid to assistDHS Wifh ifsreview of
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photo non-matches that are contested by employees. Note that employees retain
the right to present any List A, or List B and List C, documentation to complete
the Form 1-9. DHS may in the future designate other documents that activate the
photo screening tool.
6. The Employer understands that participation in E-Verify does not exempt the
Employer from the responsibility to complete, retain, and make available for inspection
Forms 1-9 that relate to its employees, or from other requirements of applicable
regulations or laws, including the obligation to comply with the antidiscrimination
requirements of section 2748 of the INA with respect to Form 1-9 procedures, except for
the following modified requirements applicable by reason of the Employer's participation
in E-Verify: (1) identity documents must have photos, as described in paragraph 5
above; (2) a rebuttable presumption is established that the Employer has not violated
section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the
hiring of any individual if it obtains confirmation of the identity and employment eligibility
of the individual in good faith compliance with the terms and conditions of E-Verify; (3)
the Employer must notify DHS if it continues to employ any employee after receiving a
final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100
for each failure to notify DHS of continued employment following a final nonconfirmation;
(4) the Employer is subject to a rebuttable presumption that it has knowingly employed
an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to
employ an employee after receiving a final non confirmation; and (5) no person or entity
participating in E-Verify is civilly or criminally liable under any law for any action taken in
good faith based on information provided through the confirmation system. DHS
reserves the right to conduct Form 1-9 and E-Verify system compliance inspections
during the course of E-Verify, as well as to conduct any other enforcement activity
authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after the
Form 1-9 has been completed), and to complete as many (but only as many) steps of the
E-Verify process as are necessary according to the E-Verify User Manual, or in the case
of Federal contractors with the FAR E-Verify clause, the E-Verify User Manual for
Federal Contractors. The Employer is prohibited from initiating verification procedures
before the employee has been hired and the Form 1-9 completed. If the automated
system to be queried is temporarily unavailable, the 3-day time period is extended until it
is again operational in order to accommodate the Employer's attempting, in good faith, to
make inquiries during the period of unavailability. Employers may initiate verification by
notating the Form 1-9 in circumstances where the employee has applied for a Social
Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that
the Employer performs an E-Verify employment verification query using the employee's
SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article
II. D.1.c. Except as provided in Article 11.0, the Employer will not verify selectively and will
(lot verifyemp~ol~e.S _~_i~~~f~re _ the, effective. date of thisMOU~ The.. Employer
understands -that If the Employer uses the t::"Venfy system for any purpose other than as
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authorized by this MOU, the Employer may be subject to appropriate legal action and
termination of its access to SSA and DHS information pursuant to this MOU,
9. The Employer agrees to follow appropriate procedures (see Article Ill. below)
regarding tentative nonconfirmations. including notifying employees in private of the
finding and providing them written notice of the findings, providing written referral
instructions to employees, allowing employees to contest the finding, and not taking
adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the
Employer is required to take affirmative steps (see Article 111.8. below) to contact DHS
with information necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based
upon the employee's perceived employment eligibility status while SSA or DHS is
processing the verification request unless the Employer obtains knowledge (as defined
in 8 C.F.R. ~ 274a.1(1)) that the employee Is not work authorized. The Employer
understands that an initial inability of the SSA or DHS automated verification system to
verify work authorization, a tentative nonconfirmation, a case in continuance (indicating
the need for additional time for the government to resolve a case), or the finding of a
photo non-match, does not establish, and should not be interpreted as evidence, that the
employee is not work authorized. In any of the cases listed above, the employee must
be provided a full and fair opportunity to contest the finding, and if he or she does so, the
employee may not be terminated or suffer any adverse employment consequences
based upon the employee's perceived employment eligibility status (including denying,
reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, refusing to assign the employee to a Federal
contract or other assignment, or otherwise subjecting an employee to any assumption
that he or she is unauthorized to work) until and unless secondary verification by SSA or
DHS has been completed and a final nonconfirmation has been issued. If the employee
does not choose to contest a tentative nonconfirmation or a photo non-match or if a
secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's
employment. Employers or employees with questions about a final nonconfirmation may
call E-Verify at 1-888-464-4218 or OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and
section 2748 of the INA, as applicable. by not discriminating unlawfully against any
individual in hiring, firing, or recruitment or referral practices because of his or her
national origin or, in the case of a protected individual as defined in section 2748(a)(3) of
the INA, because of his or her citizenship status. The Employer understands that such
illegal practices can include selective verification or use of ENerify except as provided in
part 0 below, or discharging or refusing to hire employees because they appear or
sound "foreign" or have received tentative nonconfirmations, The Employer further
understands that any violation of the unfair immigration-related employment practices
provisions in section 2748 of the INA could subject the Employer to civil penalties. back
pay awards, and other sanctions, and violations of Title VII courd subject the Employer to
back pay awards, compensatory and punitive damages. Violations of either section 2748
of the INA or Title VII may also lead to the termination of its participation in ENerify. If
the Employer has. any questions relating to the anti-discrimination prQvision, it should
eontaCtOSCal i-800~255:'8f55or 1':800:-237-2515 (TDD). . .
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12. The Employer agrees to record the case verification number on the employee's Form
1-9 or to print the screen containing the case verification number and attach it to the
employee's Form 1-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of
employees as authorized by this MOU. The Employer agrees that it will safeguard this
information, and means of access to it (such as PINS and passwords) to ensure that it is
not used for any other purpose and as necessary to protect its confidentiality, including
ensuring that it is not disseminated to any person other than employees of the Employer
who are authorized to perform the Employer's responsibilities under this MOU, except for
such dissemination as may be authorized in advance by SSA or DHS for legitimate
purposes.
14. The Employer acknowledges that the information which it receives from SSA is
govemed by the Privacy Act (5 U.S.C. ~ 552a(i)(1) and (3)) and the Social Security Act
(42 U.S.C. 1306(a)), and that any person who obtains this information under false
pretenses or uses it for any purpose other than as provided for in this MOU may be
subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance
monitoring and evaluation of ENerify, including by permitting DHS and SSA, upon
reasonable notice, to review Forms 1-9 and other employment records and to interview it
and its employees regarding the Employer's use of E-Verify. and to respond in a timely
and accurate manner to DHS requests for information relating to their participation in E-
Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FAR E-VERIFY
CLAUSE
1. The Employer understands that if it is a subject to the employment verification
terms in Subpart 22.18 of the FAR. it must verify the employment eligibility of any
existing employee assigned to the contract and all new hires, as discussed in the
Supplemental Guide for Federal Contractors. Once an employee has been verified
through E-Verify by the Employer, the Employer may not reverify the employee through
E-Verify.
a. Federal contractors with the FAR E-Verify clause agree to become familiar
with and comply with the most recent versions of the E-Verify User Manual for Federal
Contractors and the E-Verify Supplemental Guide for Federal Contractors.
b" Federal contractors with the FAR E-Verify clause agree to complete a tutorial
for Federal contractors with the FAR E-Verify clause.
c. Federal contractors with the FAR E-Verify clause not enrolled at the time of
contract award: An Employer that is not enrolled in E-Verify at the time of a contract
award must enroll as a Federal contractor with the FAR E-Verify clause in E-Verify within
30 calendar days of contract award and, within 90 days of enrollment, begin to use E-
Verify to initiate veriflcation of employment eligibility of new . hires of .the I;mployer who
are-working In. the United Shifes,:wnetheror"not aSSlgh-8dto the conti"aCt:Ohci'f the
Employer begins verifying new hires, such verification of new hires must be initiated
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within 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor with the FAR E-Verify clause, the Employer must initiate verification of
employees assigned to the contract within 90 calendar days from the time of enrollment
in the system and after the date and selecting which employees will be verified in E-
Verify or within 30 days of an employee's assignment to the contract, whichever date is
later.
d. Employers that are already enrolled in E-Verify at the time of a contract award
but are not enrolled in the system as a Federal contractor with the FAR E-Verify clause:
Employers enrolled in E-Verify for 90 days or more at the time of a contract award must
use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3
business days after the date of hire. Employers enrolled in E-Verify as other than a
Federal contractor with the FAR E-Verify clause, must update E-Verify to indicate that
they are a Federal contractor with the FAR E-Verify clause within 30 days after
assignment to the contract. If the Employer is enrolled in E-Verify for 90 calendar days or
less at the time of contract award, the Employer must, within 90 days of enrollment,
begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor witl1 the FAR E-Verify clause in E-Verify must initiate
verification of each employee assigned to the contract within 90 calendar days after date
of contract award or within 30 days after assignment to the contract. whichever is later.
e. Institutions of higher education, State, local and tribal governments and
sureties: Federal contractors with the FAR E-Verify clause that are institutions of higher
education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of
Federally recognized Indian tribes, or sureties performing under a takeover agreement
entered into with a Federal agency pursuant to a performance bond may choose to only
verify new and existing employees assigned to the Federal contract. Such Federal
contractors with the FAR E-Verify clause may, however, elect to verify all new hires,
and/or all existing employees hired atter November 6, 1986. The provisions of Article
11.0, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment
verification of employees assigned to a contract apply to such institutions of higher
education, State, local and tribal governments, and sureties.
1. Verification of all employees: Upon enrollment, Employers who are Federal
contractors with the FAR E-Verify clause may elect to verify employment eligibility of all
existing employees working in the United States who were hired after November 6,
1986. Instead of verifying only new employees and those existing employees assigned
to a covered Federal contract. After enrollment, Employers must elect to do so only in
the manner designated by DHS and initiate E-Verify verification of all existing employees
within 180 days after the election.
g. Form 1-9 procedures for existing employees of Federal contractors with the
FAR E-Verify clause: Federal contractors with the FAR E-Verify clause may choose to
complete new Forms 1-9 for all existing employees other than those that are completely
exempt from this process. Federal contractors with the FAR E-Verify clause may also
upd~te:J,lr13vJ9Y$ly_ c::orTlj)!et~gFQr!D-s.17~ ~g,i~iti~~~ ,E-Yerifyverification. of existing
emptoyees who are not completely exemptes IongasfhatForm -,~g is complete
(including the SSN), complies with Article II.C.5, the employee's work authorization has
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not expired, and the Employer has reviewed the information reflected in the Form 1-9
either in person or in communications with the employee to ensure that the employee's
stated basis in section 1 of the Form 1-9 for work authorization has not changed
(including, but not limited to, a lawful permanent resident alien having become a
naturalized U.S. citizen). If the Employer is unable to determine that the Form 1-9
complies with Article ILC.S, if the employee's basis for work authorization as attested in
section 1 has expired or changed. or if the Form 1-9 contains no SSN or is otherwise
incomplete, the Employer shall complete a new 1-9 consistent with Article ILC.5, or
update the previous 1-9 to provide the necessary information. If section 1 of the Form 1-9
is otherwise valid and up-to-date and the form otherwise complies with Article II.C.5, but
reflects documentation (such as a U.S. passport or Form 1-551) that expired subsequent
to completion of the Form 1-9, the Employer shall not require the production of additional
documentation, or use the photo screening tool described in Article ILC.5, subject to any
additional or superseding instructions that may be provided on this subject in the
Supplemental Guide for Federal Contractors. Nothing in this section shall be construed
to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize
verification of any existing employee by any Employer that is not a Federal contractor
with the FAR E-Verify clause.
2. The Employer understands that if it is a Federal contractor with the FAR E-Verify
clause, its compliance with this MOU is a performance requirement under the terms of
the Federal contract or subcontract, and the Employer consents to the release of
information relating to compliance with its verification responsibilities under this MOU to
contracting officers or other officials authorized to review the Employer's compliance
with Federal contracting requirements.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative non confirmation issued by SSA, the Employer
must print the notice as directed by the E-Verify system and provide it to the employee
so that the employee may determine whether he or she will contest the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the
employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and only after the Employer
records the case verification number, reviews the input to detect any transaction errors,
and determines that the employee contests the tentative nonconfirmation. The Employer
will transmit the Social Security Number to SSA for verification again if this review
indicates a need to do so. The Employer will determine whether the employee contests
the tentative nonconfirmation as soon as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
th~l;lmp!Cly~e ~itt1a sY~~~'!l:-:ge~~r.~t.~~r~!~rral ~~t!er cJndinstruct ~he ernploye~ to visit
an-SSA 'Officewithin 8 -Federal Gover-nment WOrkdays; -SSA will eleclronfca1lylranimit
the result of the referral to the Employer within 10 Federal Government work days of the
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referral unless it determines that more than 10 days is necessary. The Employer agrees
to check the E-Verify system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social
Security Number from the SSA.
B. REFERRAL TO OHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer
must print the tentative nonconfirmation notice as directed by the E-Verify system and
provide it to the employee so that the employee may determine whether he or she will
contest the tentative nonconfirmation. The Employer must review the tentative
nonconfirmation with the employee in private.
2. If the Employer finds a photo non-match for an employee who provides a document
for which the automated system has transmitted a photo, the employer must print the
photo non-match tentative nonconfirmation notice as directed by the automated system
and provide it to the employee 50 that the employee may determine whether he or she
will contest the finding. The Employer must review the tentative nonconfirmation with the
employee in private.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative non confirmation received from DHS automated verification process or
when the Employer issues a tentative nonconfirmation based upon a photo non-match.
The Employer will determine whether the employee contests the tentative
nonconfirmation as soon as possible after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS. the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS
through its toll-free hotline (as found on the referral letter) within 8 Federal Government
work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match,
the Employer will provide the employee with a referral letter to DHS. DHS will
electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is
necessary. The Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form 1-551 or
Form 1-766 to DHS for review by:
. Scanning and uploading the document. or
. Sending a photocopy of the document by an express mail account (paid for at
employer expense).
7. If the Employer determines that there is a photo non-match when comparing the
photQcQflled.~il?t.B:d<?9.lJme.D~pe~9ribl3d in Article II,C,5 with the image generated in E~
Verify, the Employer-mus-tforwardthe emplOYee's documenfafforflo UftS uSlng.oneOf
the means described in the preceding paragraph, and allow DHS to resolve the case.
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ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this
MOU. The Employer is responsible for providing equipment needed to make inquiries.
To access E-Verify, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTIES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for
as long as the SSA and DHS conduct the E-Verify program unless modified in writing by
the mutual consent of all parties, or terminated by any party upon 30 days prior written
notice to the others. Any and all system enhancements to the E-Verify program by DHS
or SSA, including but not limited to the E-Verify checking against additional data sources
and instituting new verification procedures, will be covered under this MOU and will not
cause the need for a supplemental MOU that outlines these changes. DHS agrees to
train employers on all changes made to ENerify through the use of mandatory refresher
tutorials and updates to the E-Verify User Manual, the E-Verify User Manual for Federal
Contractors or the E-Verify Supplemental Guide for Federal Contractors. Even without
changes to E-Verify, DHS reserves the right to require employers to take mandatory
refresher tutorials. An Employer that is a Federal contractor with the FAR E-Verify clause
may terminate this MOU when the Federal contract that requires its participation in E-
Verify is terminated or completed. In such a circumstance, the Federal contractor with
the FAR E-Verify clause must provide written notice to DHS. If an Employer that is a
Federal contractor with the FAR E-Verify clause fails to provide such no lice, that
Employer will remain a participant in the E-Verify program, will remain bound by the
terms of this MOU that apply to participants that are not Federal contractors with the
FAR E-Verify clause, and will be required to use the E-Verify procedures to verify the
employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if
deemed necessary because of the requirements of law or policy, or upon a
determination by SSA or OHS that there has been a breach of system integrity or
security by the Employer, or a failure on the part of the Employer to comply with
established procedures or legal requirements. The Employer understands that if it is a
Federal contractor with the FAR E-Verify clause, termination of this MOU by any party
for any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each
other as they may determine necessary. By separate agreement with DHS, SSA has
agreed to perform its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed. to create any right or
benefIt, substantive or procedural, enforceable at law by any third party against the
UQ!t~d States.j~s~g~ncies. officers, or employees, or against the ~mployer, its agents,
officers, or emplOyees. . ..
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E. Each party shall be solely responsible for defending any claim or action against it
arising out of or related to E-Verify or this MOU, whether civil or criminal. and for any
liability wherefrom, including (but not limited to) any dispute between the Employer and
any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any
action taken or allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not
confidential information and may be disclosed as authorized or required by law and DHS
or SSA policy, including but not limited to, Congressional oversight. E-Verify publicity
and media inquiries, determinations of compliance with Federal contractual
requirements, and responses to inquiries under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
To be accepted as a participant In e-Verlfy, you should only sign the Employer's
Section of the signature page. If you have any questions, contact E-Verify at 888.
464-4218.
Employer . - - -- u ,- --- ~d. - CD - - - - - - -~-O--... .. CO- ,- na.-~. - - :G) c..~- ~
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Page 11 of 131 E-Verlfy MOU for Employer 1 Revision Dale 09/01/09
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'JAN-05-2011 10:07 Howard Construction
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Page 12 of 131 E-Verify MOU for Employer I Revision Dale 09/01109
www.dhs.govlE-Verify
. JAN-05-2011 10:07 Ho~ard Construction
t::-verlry
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Page 13 of 131 E-Verity MOU for Employer I Revision Date 09101109
www.dhs.govfE-Verify
TOTAL P.013
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//4
3366629060 1 UOK001 It
JAN-05-2011
10:21
Howard Construction
Affidavit for Claiming Status as a Local Business
AdministratNe Services Division
Purchasing
jJ/J I.( r... 4","1/ :) G .-~",..v~
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BID #:11-5633 (CHECK ApPROPRIATE BOXES BELOW)
State of Florida (Select County if Vendor Is described as a Local Business
o Collier County
o Lee County
Jl.I/t!..
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Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County
Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy;
A "local business' is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located within
the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are
not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development
and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or
Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to
be eligible for consideration as a "local business" under this section.
Vendor must complete the following information:
Year Business Established in DCollier County or 0 Lee County:
Number of Employees (Including Owner(s) or Corporate Officers):
Number of Employees Living in 0 Collier County or 0 Lee (Including Owner(s) or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information given in
this affidavit Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name:
Date:
Collier or Lee County Address:
Signature:
Title:
STATE OF FLORIDA
o COLLIER COUNTY
o LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this
,20_,
Day of
Notary Public
MyCOmrtllSSIOn Expires:
(AFFIX OFFICIAL SEAL)
GC-P-7
TOTAL P.OOi
JAN-05-2011 10:09
Howard Construction
3366629060
P.001
lOK '11
PRE-BlD INFORMATION
(Attach to Bid Furm anJ induJt: allachments as necessary)
A. Describe Bidder's proposed method of completing the Work being bid and a time
schedule for implementation. The time to mobilize and complete the work will be
considered along with bid price in award; therefore, be specific.
Please See Attached Answer "A"
,
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?
Ellicott 670 Dragon Cutter suctionhead
16 months old; 4000 cy a day;
total work days counting mob and demob 8 weeks or two months.
,/ 'f
/y x~z.
C. What size and type of equipment will you used on this project, to include scows,
- boosters, cranes, barges, etc.? What equipment will you purchase or rent for the proposed
work?
We have a 600 HP booster pump if necessary. Two support barges.
no scows. crane to mob and demob would be rented. Our Tender boat
"Noble Tender" would be used or a tender would be rented.
JAN-05-2011 10:09
Howard Construction
3366629060
P.002
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D. List key personnel Bidder proposes to use on this project including their qualifications
and prior experience.
See Attached Re!:lumes u[ Nurris ReE'd. Vance Mangum. ~nd Richard T Hm.,rard) Jr.
E. List other present commitments including dollar value thereof, name of owner and
estimated date of completion.
Good Question; We are currently dredging 70.000 cy of channel at
Stumpy Point. NC for USCOE. The Noble Spirit is at Stumpy Point. We
would send the Noble Warrior Ellicott 670 to Wiggins Pass and a seperate crew.
F. Will you sublet any part of this work? lfso, give details.
Sublet Surveying
G. What is the last dredging project of this nature that you have completed?
Moriches Bay, Long Island. NY. Approx 70,000 cy of medium sands in very
shallow. very choppy channels pumped 11.000 LF to native barrier Island
Restoration. For NY COE.
H. Have you ever failed to complete work awarded to you: Ifso, where and why?
No.
JAN-05-2011 10:09
Howard Construction
3366629060
P.003
10K
I. Is the dredge to be used for the proposed work certified for open ocean dredging by the
American Bureau of Shipping (ABS)? Please provide proof of ABS certification with the
bid or the reason why certification is not needed.
No, our Ellicott 670 dredge is Coastwise certified # 1229627. We feel
our freeboard is adequate amd tje area to be dredged is protected
enough and close to safe harbor as we closely monitor inclement weather.
J. List experience with Gulf/open ocean ebb channel (shoal) dredging.
Indian River. Delaware we dredged for Philadelphia COE last year was
one of the most challenging channel current conditions ever encountered.
See our website video section. Also, Moriches Bay in Long Island has swells
and rough current conditions as well. We have no Gulf Bay experience.
but our projects somewhat exposed to the Atlantic we believe pose greater
K. Name three individuals or corporations for which you have performed work and their challenges .
contact information as references.
Mr. Mike Winters of Moffatt and Nichols, Engineers (919) 781-4626
Mr. Tilman Marshal of Schnabel Engineering (336) 274-9456
Mr. Frank Styers of Cape Fear Public Utility Authority (910) 332-6560
The undersigned guarantees the truth and accuracy of all statements and answers made herein.
Signature of Bidder '<1"'~~
By
RICHARD T HOWARD JR - PRESIDENT
Name
Business Address
POST OFFICE BOX 35227
GREENSBORO, NC 27425
Incorporated under the laws of the State of NORTH CAROLINA.
JAN-05-2011 10:09
Howard Construction
3366629060
lOK
P.004
"1
A) We would anticipate executed contracts by Feb. 1 and immediately start to mobilize equipment
and resources. Our Ellicott 670 Noble Warrior would be trucked to site and assembled by Feb
15. Approximately 7000 LF of 14" HOPE Discharge pipe would be trucked to site by Feb. 5th.
Fusing of discharge pipe would begin and be done by Feb. 15th.Tender boat, barges, fueling, and
auxiliary equipment would also be mobilized and ready on site by Feb 10. Dredge would be
launched Feb. 16 along with discharge pipe placement. Turbidity monitoring and environmental
species monitoring would also be put in place before dredging operations take place.
DredgePack system would be calibrated to preDredge survey. Dredge would be connected to
discharge line and dredging would commence around Feb. 25th. Our dredging production
Would require about 30 days to complete all dredging by first part of April of by May 1st
deadline.
b) Ellicott 670 Dragon Cutter suctlonhead ; 16 months old; 4000 cy a day; total work days counting
mob and demob 8 weeks or two months.
c) We have a 600 HP booster pump jf necessary. Two support barges, no scows, crane to mob and
demob would be rented. Our Tender boat" Noble Tender" would be used or a tender would
be rented.
d) See attached resumes of Norris Reed, Vance Mangum, and Richard T. Howard Jr.
e) Good Question; We are currently dredging 70,000 cy of channel at Stumpy Point, NC for USCOE.
The Noble Spirit is at Stumpy Point. We would send the Noble Warrior Ellicott 670 to
Wiggins Pass and a separate crew.
f} Sublet Surveying
g) Moriches Bay, Long Island, N.Y. Approx 70,000 cy of medium sands in very shallow, very choppy
channels pumped 11,000 LF to native barrier Island Restoration. For NY COE.
h) No
i) No, our Ellicott 670 dredge is Coastwise certified #1229627. We feel our freeboard is adequate
and the area to be dredged is protected enough and close to safe harbor as we closely monitor
Inclement weather.
j) Indian River, Delaware we dredged for Philadelphia COE last year was one of the most
challenging channel current conditions ever encountered. See our website video section.
Also, Moriches Bay in long Island had swells and rough current conditions as well.
We have no Gulf Bay experience, but our projects somewhat exposed to the Atlantic
we believe pose greater challenges.
k) Mr. Mike Winters of Moffatt and Nichols Engineers 919-781-4626
Mr. Tilman Marshal of Schnabel Engineering 336-274-9456
Mr. Frank Styers Cape Fear.Publ~UtUityAuthority 910-332-6560
- JAN-05-2011 10:09
Howard Construction
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JAN-05-2011 10:09
Howard Construction
3366629060
P.006
PAUL HOWARD CONSTRUCTION COMPANY. INC.
CORPORATE ORGANIZATIONAL CHART
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CHAIRMAN
RICHARD T HOWARD
PRESIDENT SECRETARY/TREASURER VICE PRESIDENT
RICHARD T HOWARD. 'R ANNETrE WILLIAMS WILLIAM T ,OHNSTON
OPERATIONS MANAGER FINANCIAL ADMIN CORPORATE ADMINISTRATION
I
EXECUTIVE ASSISTANT MANAGER
'ESSICA RALEIGH LENNY RALEIGH
ACCOUNTING CLERK MWBE/EQUlPMENT
SENIOR PROJECT MANAGER DIRECTOR SENIOR PROJECT MANAGER
TOM YATES NORRIS REED TOM BARTON
ESTIMATOR / P.E. DREDGING DIVISION ESTIMATOR / P.E.
SUPERINTENDENT SUPERINTENDENT OPERATIONS MANAGER SUPERINTENDENT
LUBY BELL 'AMES HALL VANCE MANGUM SCOTT ALLEN
SITE MANAGEMENT SITE MANAGEMENT DREDGING DIVISION SITE MANAGEMENT
. JAN -05-2011 10: 09
EDUCATION:
MILITARY:
BUSINESS:
PAST BUSINESS
EXPERIENCE:
PRESENT CIVIC
ACTMTIES:
Member
Member
Howard Construction
3366629060
P.007
lOK
Richard T. Howard, Sr.
538 Beach Road North
Wilmington. NC 28411
910-686-0681
BS University of South Carolina in Business
Administration - 1957
Executive Program - University of North Carolina
at Chapel Hill - 19;3
United States Army - 1957
Chairman of the Board, Paul Howard Construction Co., Inc.
Firm specializes in construction of municipal and
Federal utility and heavy civil projects.
2002 to present
Overall responsibility of an international construction
Organization (ranked in the top 100 on worldwide basis)
Chairman of the Board
Howard Management Group
1985.2002
President & Chief Executive Officer
Howard Corporation
Paul N. Howard Co.
1960.1985
1978-1985
Managing Director
Howard International Establishment
Howard of Saudi Arabia
Howard of Egypt
Howard Construction Services. UK
19;6-1985
1977-1985
1982-1985
1980-1985
Prior Responsibilities: Project Management, Management of
Operations (or domestic and foreign construction.
- Green Coat Club
- Board of Directors - First Flight Foundation
. JAN-05-2011 10:09
Howard Construction
3366629060
Richard T. Howard. Sr.
Wilmington, NC
PASTCMC
ACTMTIES:
Member
Member
Member
Member
Member
Member
. Greensboro Development Corporation
. Greensboro Sports Council
- First Flight Centennial Foundation
. National Commission Centennial of Flight
. Honorary Statewide Cabinet - St. Johns Museum of Art
- Greensboro Civitan Club 1967-1987
Honorary Chairman. Greater Greensboro Open 1985
Vice Chairman - First Flight Centennial Commission
Chairman - NC Licensing Board for General Contractors
1989.1994 and Chairman 92.94
Board of Trustees . National Conference of Christians and Jews
(National and local boards) 1979-1988
-UNCG Excellence Foundation 1987.1988
-University of North Carolina at Greensboro 198-1-198i
-New Garden Friends School 19ii -1981
Board of Visitors -Guilford College 1984-1992
Board of Directors .Greensboro Chamber of Commerce 1982.1985
-Drug Action Council 19i4-19i8
-Green Hill Center for North Carolina Art 1980-1986
SOCIAL:
Member
-Greensboro Country Club
-Figure Eight Yacht Club
-Eagle Point Golf Club
P.008
lOK ~t
JAN-05-2011 10:09
Summary:
Experience:
Education:
Howard Construction
3366629060
P.009
I 0 K ~;,
Richard T. Ho""ard. Jr.
President and CEO of two construction companie5 in California. Arizona
and Nonh Carolina over the past 16 years. Duties included planning.
bidding. procurement. scheduling.. contracts. subcontracts. tinandals and
real estate.
2002 to Present - President of Paul Howard Construction Co.. Inc.
General civil and commercial construction. Duties include procurement
ornew work. planning. bidding. contracts. subcontracts and financials.
1996 to 2002 - President and CEO of Howard Construction Co. of
Greensboro. General commercial construction. Duties include
Procurement of new work. planning.. bidding. contracts. subcontracts and
Financials.
1987 to 1996 - President and CEO orConOel Corporation. Palm Desen
California and Arizona. Duties included procurement or new work.
Bidding. contracts. subcontracts. insurance. tinancials and real estate.
1985-1987 - Construction manager for Forsythe Panners in Winslon-
Salem. NC and Sunrise Company. Palm Desert. CA. Duties included
acting as developer-s agent with g.eneral contractors and architects.
budgets and COSl controls.
1980 to 1985 - Paul N. Ho\'\"ard Co. -Office Manager - 16' Sewer Tunnel
in Houston. TX and Schedule Eng.ineer. Dean Smith Arena. Chapel Hill.
NC. Thomas Z. Osborne Watcr Treatmcnl Plant. City of Greensboro. NC.
Rehabilitation of Sewage Pumping. S)'stems. Cairo. E~~'pt. Rod EI Farag
Fibration Plant Addition, Cairo. Egypt.
1975 to 1980 - Paul N. Howard Co. and Harbert Construction Co.-
Various field positions in Port au Prince. Haiti; water system. Esmeraldas.
Ecuador; oil pipeline. and London. England; Middle East Projects.
J 976-1 Q80 SA in Economics and Business Administration
NC State Univcrsity
1980 Young. Executives Institute - lINC Chapel Hill
JAN-05-2011 10:09
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Howard Construction
3366629060 P.011
10 K f1"~
,....---- ---- ----. .-
, LITTLE {;. LITTLE
RECEIVED APR 0 ~ 2ml!
Mr. Richard T. Howard, Jr.
President
Paul Howard Construction, Inc.
PO Box 35227
Greensboro, NC 27425
Dear Richard:
We are happy to share this news!
The State Building Commission presented little & Little Landscape Architects and
Paul Howard Construction Company Certificate of Merit Awards for outstanding
achievement on the Capitol Square Site Improvements and Capitol East Entrance
projeds on March 2311I.
Presented at the 29- Annual State Construction Conference at McKimmon Center,
the Capitol Square projed is one of five projects statewide that recognized both
designers and contractors. Five additional Certificates of Merit were presented to
contradors. The awards program is outlined in the Designer or Consultant
Evaluation procedures of the State Building Commission.
As part of the rehabilitation projed, it was our pleasure 10 work with Kurt
Eichenberger/architect AlA who designed the beautiful and fitting ramp for the east
entrance to the Capitol. Our thanks also go to the Accessibility Focus Group for
their continuing guidance and to Lysaght & Associates, Slrudural Engineers.
While we are proud to be named along with Paul Howard Construction Company,
clearly the results refled the extraordinary contributions of a diverse project team.
Thanks go to the Office of State Construction, State Capitol staff, State Capitol
Foundation, Inc., Facilities Management, NCDOT Transportation Program
Management, State Historic Preservation Office, Office of State Archaeology,
Department of Insurance. and the Division of Forest Resoaxces.
We thank the staff of the City of Raleigh Historic Districts Commission and the many
other individuals who offered their knowledge and experience on a wide range of
subjedS. Credit goes to the staff of the Olmsted National Historic Site in Brookline,
Ma.s~_i:lcf:llJS~E!ttS, .~QS~ ~lpfulne~sgol the.project off-toa~oodstart.
We can all be proud that the concrete was recycled 80 years later.
------ --'- - -. -- --- "- ---
- -... -- - .....- - -
. ;
JAN-05-2011 10:09
Howard Construction
Thank you from all of us at little & little.
Sincerely,
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. JAN-05-2011 10:09
Howard Construction
3366629060
P.013
lOK "
Norris C. Reed III
As Project Manager/Project Superintendent or Contractor, I have 20 years plus
experience in hvdraulic dredging projects of all kinds. I hold a USCG Masters
License with Towing Endorsement and participate in ongoing continuing
education through WEDA, WODA. Texas A & M and other industry programs.
Tvpes of material I have worked with have ranged from very fine "pluff mudH at
Ripleys Light Marina in Charleston SC, with material disposal upriver in a special
diked disposal area at the Citadel marsh on the Ashley River.
On the Sunset Beach residential cannels project I dredged 60,000 cv of fine to
course silica sand, pumping this material 7,200 'out of the canals plus an
additional 8,000'+ feet over a pristine salt marsh to an open USACE disposal site
on the AICW. We received a commendation for not disturbing the marsh while
deploying and retrieving the pipeline through the marsh and for excellent
management of the open USACE Disposal Site.
Other materials dealt with have included the digging and pumping 2" to]" round
river rock, changing the flow of the Muskingum River in Zanesville Ohio, to create
a cooling water intake channel for the new Dominion Energy Dresden Power
Plant. Some 50,000 CY of this material was pumped 125' almost vertically and
then 3,500' laterally to a containment pond. Some of the pipe run was through
sensitive Native American burial areas without problem or incident and in total
compliance with the permit. The slurry water from the containment pond was
then pumped to the power plant, treated and returned to the river, clean and
clear.
In 2006, as project manager for Island Breeze Marine Dredging Corp., sub
contractor to Subaqueous Services, Inc. I managed the Battle Bend Restoration
project on the Apalachicola River near Bloody Bluff. The project involved digging
the material upriver at Battle Bend, loading on
deck barges, towing downriver 15 miles to Bloody Bluff landing and unloading the
material into dump trucks which transported the material another 18 miles to a
school site near Apalachicola Florida. We were able to unload from the barges
~ncJ coc~~~r;!!~CJtE! . a~~~i:ldYf'-()W,QfJ,QadeddYmp_ trucksd~~rtingevE!ry 1Sminv.~@,s
from dayliglitto'dark For the two'vears prior to my accepting the position of
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Director of the Dredging Division of Paul Howard Construction Co. I was the
Superintendent of Dredging for the NCDOT-Ferry Division.
I have managed many other dredging projects of various kinds over the past 20
years. Attached you will find summaries of three representative dredging
projects, one being in the state of Florida. as requested.
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Proiect
Position:
Project Manager for Marcol Dredging, Inc.
Contractor.
Project Name:
Ripley's light Marina, Ashley River, Charleston, SC
Ripley Light Marina
56 Ashley Point
Charleston. SC
Owner:
References:
Mr. Craig Lavelle. President
Marcol Dredging Inc.
5639 Attaway Street
N. Charleston, SC 29406
(843) 747-2177
Cost:
Estimated in the one million dollar range.
Start Date:
Finish Date:
Work Summary: This project involved the complete dredging of a large
private marina located on the site of an old shipyard and consisted of many years
of accu-mulated "pluff mud" and many encounters with ship-yard and marina
debris. The fairways were dredged as well as the interior of each individual slip.
This was possible through the use of the 12" swinging ladder hydraulic dredge
"CAPT. LEO". Dredged material was pumped several miles upriver and through
2,000' of submerged pipeline under the Ashley River to a special disposal area at
the Citadel. This project was completed with no incidents and concluded
uneventfully.
Location: South Carolina, City of Charleston, Ashley River.
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Proiect
Position:
Project Manager for Marcal
Project Name:
Dredging, lnc,
Town of Sunset Beach, NC
Dredging of 7,200' of Residential Canals. with a remote
disposal element.
Town of Sunset Beach, NC
Owner:
700 Sunset Blvd. N
Sunset Beach, NC 28468
(910) 579-6297
References:
Mr. Craig lavelle, President
Marcol Dredging, Inc.
5639 Attaway Street
N. Charleston, SC 29406
(843) 747-2177
Mr. Howard Varnum, (Retired) Chief of the Navigation
Section. Wilmington District USCOE.
Cost:
Estimated in the one million dollar range.
Start Date:
Finish Date:
Work Summary: This project involved the removal approximately 60,000 CY of
fine to medium and course silica sand with a small amount of shell content.
The reach of these canals totaled 7,200' which presented unique discharge
. ..., '.. .
pipe .management problems coupled witH the highest tide range tn-the State of
NC of up to 6'. Disposal was located almost 2 miles distant at an open USACE site
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with all discharge pipe crossing a pristine salt marsh. I was successful in deploying
and retrieving the 8, 000'+ of discharge pipe with no damage nor impact upon
the marsh. We received praise from the USCOE for management of the pipeline
and the open disposal area. The State of NC in an unrelated program tested the
salinity of the water in the canals and found it much below that of the close by
surf. At completion of the project the salinity values of the canals and the surf
were identical.
Location: Canals of the Town of Sunset Beach NC, Tubbs Inlet and intersecting
waterways with the ACIW just north of the SC state Line.
Proiect
Position:
Project Manager for Island Breeze Marine Dredging, Inc.
Sub Contractor to Subaqueous Services, Inc.
Project Name:
Battle Bend Restoration Project, Apalachicola River,
FF&WL, and Mr. Michael Hill supervising Biologist.
Owner:
State of Florida, Florida Fish and Wildlife Commission,
620 Meridian Street, Tallahassee, Fl32399
REFERENCES:
Mr. Darwin Peguese, President, Island Breeze Marine
Dredging Inc. 7075 Old Columbia Road, Columbia,
Maryland 21046 (410)-446-2777
Mr. Michael Hill, Supervising Biologist, Project Manager,
FWLC
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Cost:
Start Date:
Finish Date:
Work Summary:
Location:
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Total project was about 3.5 million
Island Breeze Marine portion about one million dollars
This project involved opening a closed off section of the
Apalachicola river that had been closed off by the USCOE
some 40-50 years previously. The purpose of reopening
this section of the river was to recreate fish
habitat and breeding areas. The job site was remote,
25 miles into National Forrest and then 15.8 miles
upriver, Material consisting of sand and mud were
stockpiled, rolled by dozer to assist in drying and loaded
onto 130' x 30' deck scows for transport. Barges were
towed downriver to the BloodV Bluff Landing and
unloaded in to dump trucks and taken an additional 18
miles to the construction site of a new school nea r
Apalachicola. This was a logistically challenging job
involving almost all facets of the dredging industry.
From the Gulf of Mexico, 30 miles upriver in the
Apalachicola River at Battle Bend. Apalachicola Florida is
nearest city.
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SUMMARY OF RECENT EXPERIENCE
(As Contractor, Project Manager, Superintendent / Inspector or Consultant)
1991-2010 DREDGING PROJECTS
. Atlantic Harbor of Refuge
Atlantic, NC
USACE
. U.S. Coast Guard Station
Fort Macon, NC
USCG
. U.S. Coast Guard Station
Elizabeth City, NC
USCG
. Ripley's Light Marina
Ashley River
Charleston, SC
. BP Amoco Barge Landing
Charleston, SC
. 7,200 Feet arCanals
Town of Sunset Beach, NC
. Morgan Creek Marina
Isle of Palms, SC
. Wild Dunes Harbor
Isle of Palms, SC
. National Park Service
Boat Landing
Sullivan's Island, SC
. New Rowboat Marina
Morehead City, NC
. Mallard Bay Canal Project
Planning, Estimating, Bidding
. Dresden Power Plant
Dominion Energy
Dresden,OH
. Battle Bend Restoration
Project. Tug and Barge
Apalachicola, FL
. Bakers Bay
ENCORE Dredging to
Manson Construction
Abaco, Bahamas
. Completion of USCG Requirement for upgrade License to "Masters 100 Ton"
· USCG Masters License issued by USCG Charleston, SC - January 2007
· 2008 - 2010 Superintendent of Dredging State orNC, NCDOT Ferry Service
. Planning, NC Shallow Draft Inlet Proposal (Current)
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William T. Yates
Project Name: MainteMnce Oted......lndian River Inlet. Sussex County. Delaware
Owner: US Army Corps of Enlineers, Philadelphia District
Reference: David Olson, USACE, Philadelphia District. (267) 446-5257
Cost: $3.435.179
Start and Finish Dates: October, 2009 . March. 2010
Summmary of Work: Maintenance OredIinc and Disposal of 360,000 a of Material
Permit Type: Deliiware Departrment of Natural Resources & Environmental Control
Project Name: Maintenance Dredcina-lDnIlsland Intracoastal Waterway
Owner: US Army Carps of Enlinftrs. New Yorit District
Reference: Stan MicNIowski, USACE, New York District. (917) 790-8532
Cost $l,.t54,152
Start Iftd Finish ~ates: May 2010. October, 2010
Summary of Wort: MainteNnce Dredli"l and Disposal of 70,000 CY of Mat'l. from the Navilation
Channelln Moriches lay
Permit Type: New ,art Deputment of Environmental Conservation
Project Name: Sed&e Island Breach Repair. lamelat Inlet. New Jersey
Owner: US Anny Carps of EJllineers, Philadelphia Disbict
Reference: DaWl Olson. USACE. Philadelphia District. (267) 446-5257
Cost: $2,595,700
Start and Finish Dates: 1999
Summary of Work: Installation of Geotubes and Credle Fill to Close a Breach in the Inlet
Permit Type: Unknown
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William T. Yates
Project Synopsis
Responsibilities include total supervision of projects to include preparation of estimates,
purchasing, subcontractor selection and negotiation. submittal preparation. staffing.
equipment selection and procuremen~ planning and scheduling. preparation of payment
applications. preparation and negotiation of claims and change orders and planning and
scheduling. I have extensive experience on Corps of Engineers and Navy (NA VF AC) projects
in addition to numerous civil and municipal projects. Recent projects include the following:
1. Lake Upchurch Dam Restoration. Cumberland County, Nonh Carolina: construction ofa
2.200 cubic yard concrete spillway including earthwork. slope protection and grassing. Total
value in excess of S3,OOO,000.
2. Repair Roadways and ConstlUct Bicycle Lanes, Marine Corps Recruit Depot, Parris
Island, South Carolina. (NA Vf AC): resurfacing of existing roads. addition of bicycle lanes,
bridge repairs, stann drainage. earthwork and grassing. Total value $4.000,000.
3. Repair Hue City Range, Marine Corps Recruit Depot. Parris Island, South Carolina.
(NA Vf AC): reconstruction of existing 600 yard small arms firing range. Included earthwork.
stonn drainage. installation of water and sewer lines. concrete target trench, removal and
replacement of eleven buildings. irrigation system and extensive grassing and sodding. The
value totaled $3,400.000.
4. Repair Chasin Range. Marine Corps Recruit Depot, Parris Island, South Carolina,
(NA VF AC): (Subcontractor on project) Reconstruction of 600 yard small anns firing range.
Included earthwork. stonn drainage and installation of water and sewer lines. VaJue was
S 1,500,000.
5. Portugues Dam Foundation, Ponce, Pueno Rico: U.S. Anny Corps of Engineers project.
Involved excavation of one abutment for future dam. Earth excavation, rock presplining. rock
blasting and excavation. Construction of concrete Cootings to support a rail system on which a
drill rig provided by the Corps was utilized to pressure inject grout below the surface of the
excavation. Total value S5.500.0oo.
6. Emergency Channel Repairs. Ponce Pueno Rico: U.S. Anny Corps of Engineers project.
Removal of sediment from the Portuges River. grading and extensive placement of gabions
for erosion protection. Total value S3,600.000.
1. Main Causeway Repairs. Marine Corps Recruit Depot, Parris Island, South Carolina.
(NA VFAC): Project involved slope grading and placement ofartic:ulated concrete mats along
thecauseway&emlhe:mam garcrolhe~. Tota1valuc$I,96&;6OQ;
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8. Gulflntracoastal Waterway, Aransas National Wildlife Refuge. Texas. (US Anny Corps
of Engineers): Project involved slope grading and placement of articulated concrete mats
along the intracoastal waterway. Total value $3,500,000.
9. Breach Repairs. Sedge Island, New Jersey, (US Army Corps of Engineers): Project
involved closing a breach in Bamegat Inlet with dredged fill reinforced with sand filled
geotubes. Total value $2.600,000.
10. Lower Savannah River Environmental Restoration, Savannah, Georgia, (US Army Corps
of Engineers): Project involved channel grading and slope protection. Total value $71 S,OOO.
1 t. Various projects for the U.S. Anny Corps of Engineers at Fort Bragg, North Carolina to
include:
+ Clean Youngs Lake and Repair Water Control Structure, $741,000.
+ Lake Lindsay &: McFayden Pond Improvements, SI.713,ooo.
+ Erosion Control, S9S 1,000.
.. Wilson Park Improvements, S 167.000.
.) Repair Stonn Drainage. $94.000.
.. Construct Concrete Hardstands. S 178,000.
.. Misc. Civil Projects. S299,ooO.
.. Civil Package, 5ch. 2 (72" Storm Drain). 5163.000.
12. Jordan Lake Recreation Facilities. Moncure. North Carolina: U.S. Anny Corps of
Engineers Project. included earthwork. road constrUction. water and sewer lines. sewage
treatment facilities. wells. boat ramps. parking areas, buildings and campsites. Total value
$1,500.000.
13. Repair Fuel Pier, Puerto Rico. Puerto Rico Ports Authority project involved various
piling and structure repairs and installation ofa cathodic protection system to the Phillips
Petroleum pier. Total value $2.200.000.
14. Streetscape projects for the City of Greensboro. North Carolina. the Ciry of fayetteville.
North Carolina, The City of Raleigh. North Carolina and the Town of Zebulon. North
Carolina: Projects involved removal and replacement of curbs and sidewalks. stann drainage.
pavement milling. resurfacing and landscaping. Combined value of projects $4.000,000.
1 S. Little River Dam Repairs. Durham, NC. for the City of Durham: Involved painting nine
spillway gates and appurtenances. expansion joint repair and scaling of the new spill way and
abutment walts and the installation of pressure relief drains. Total value $878.000.
16. Riley's Branch Drainage Improvements for the City ofWilminglon, NC: Included
installation of 42" through 72" RCP and stream restoration (log toes and soil lifts). Total
value $1,100,000.
17. High Point Dam Repairs for the City of High Point, NC: Included con~reie surface
repairs and joint repairs to two existing darns. Total value $785,000.
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18. Union Square Site Improvements for the North Carolina State Department of
Administration: Demolition and reconstruction of concrete walkways and entrance
improvements at the state capitol in Raleigh. Total Value $615,000.
19. Marsh Creation and Shoreline Protection for the North Carolina State Department of
Administration at Ocracokc. North Carolina: Furnished and installed rock riprap to create an
offshore jeny and placement of fill material to create a marsh. Total Value $1.840.000.
P.026
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THOMAS Y. BARTON UI
516 East Moore Street
Graham. Ne 27253
Work (336) 662-9050
tbartonlalpaulhowardconstruction.com
EXPERIENCE SUMMARY
I have over seventeen years experience. all progressive, in the construction industry,
working from a $10,000 sewer line project to a $70 million bridge project. Company
sizes have ranged from 30 employees to 400 employees. I have excelled in both office
and field responsibilities and have personally managed up to $12 million in work for
any given year.
HISTORY
Project Manaler I Eatimator 2006 - PreseDt
Paul Howard CODstructlon Company, IDe. GreeDsboro, HC
Estimator and Project Manager for wide variety of Civil Engineering projects. Work has
included roadways, rock jetties, marine work, site work, structural concrete repairs
(above and below water), pile driving, dam repairs, and streetscapes. Have worked in
Private Industry, Municipalities and Federal Government. Estimated work, prepared
monitored budgets, managed personnel and equipment, subcontractors and vendors.
Project Manaler I Eatlmator 2002 - 2006
Carl Norris Constractlon Company, IDe. BurHngton, IIC
Sole estimator for utility contractor in Central N.C. Also perfonned Project Manager
Duties: liaison with owners, submittals, scheduling. Responsible for preparation of all
monthly estimates to owners. Learned Quest digital earthwork takeoff system.
Implemented job cost budgeting and monitoring with Computer ease software system.
Jobs ranged from $10,000 to $3 million and involved several municipalities, NCDOT,
and private developers.
Project Manacel' I Estimator 2000 - 2002
Dane CoDstructlon, Inc. Graham, IIC
Started new regional office in Graham, NC for bridge construction firm based out of
Mooresville. NC.
Prepared and monitored job budgets and schedules. Directly responsible for bridge
superintendents and foreman. Bought out projects and managed suppliers and
subcontractors.
Project Manaler I Estimator
Carl Korris Construction Company, IDe.
Seeprojeet description above.
1991- 2000
BurHngton, Me
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Enameer 1996 -1997
Triangle Graclln, and Paving Burlington, BC
Prepared job schedules and budgets. Bought out pennam:nt materials and
subcontracts.
Project Manager _ Structures 1993 - 1996
Blythe Construction Mebane, BC
Managed structures portions of projects ranging from $1 million to $10 million.
Engineer 1990 - 1993
Traylor Brothers, Inc. Charleston, SC
Responsible for job cost quantities, submittals, and field engineer duties on $70
million James Island Expressway, a 202 mile long post tensioned bridge project over
the Ashley and Wappoo Cut Rivers in Charleston, SC.
Field Enctneer 1987 - 1990
Boward, Needles, Tammen aDd BergeDdoff Charleston, SC
Performed field monitoring services with the engineer, HNTB, for the South Carolina
DOT on the North Charleston Expressway, a twin viaduct elevated roadway around
Charleston.
EDUCATION:
Bachelor of Science Degree in Civil Engineering, the Citadel, Charleston, SC
Obtained Professional Engineer License in 1991 in SC. Transferred to NC in 1992.
JAN-05-2011 10:10 Howard Construction
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Con!K1
ca.nc
!idled...... CanIpIftIan
D_
W11mrog1Dn "*"-1 Airport
AulhorIty
s..m- 2010
Ilew Yadllllslnct US IVmy CDr1II of
~
Summer 2010
II( DellI- at All_
Spring 2010
men.
CGnopl_
0...
wolmollglDft DIIInCI U.S. """y Corp at
!..-s
5pnrIg 2010
e..rnDerlInd County
Fall 2009
__ 0tslncI Us. Army Corp at ~
Win. 2010
w... Ci:ulty Suon...... 2009
SIIIlI! at_ ~ 0eparlIn0nI rI ~ 2OC)g
T___llon (NCOOT)
'- few PuDIlc uably I\IAIlanCy Sp1na 2009
F_A_rllNewY_ s.-o 2009
_ CansOucDoft SummIt 2009
Nt DoIIL rI Ad--. Fall 2009
~ "'-'in Su_ 09
FIlS _ COlIII'IIUI'tIIy ~ Inv. Fall 2008
AC Fall 2009
Oly d HigIl Paolt !iIJIlnO 2IIlII
Cly at WlIIWlQlDn Fall 2001
alyof~ SpoIng 211118
CIty d HIg/lI'llont ScnIlI 2008
Cly 01 WIIm/IlllII'III scmo 2001'
Oty of WI/nIngbln April 2008
9171201 0
JAN-05-201.1 10:10 Howard Construction
prOject ListIng lOr rauI Mowaru ~UIlMr-Ul,;llUll ~uIllYi:l.u'y
110 UIIlII......-...n
- DurNm. Me
~ to dim Q8I25
_ .......... _ ~ hwIII_
- AIhIboro, Nt
270 ..-..........*-
- WIIallnlIID". NC
_ .....Cau..., ....11II.. __..~
- w.ke Caunly, Nt
250 c..hwt......
-~NC
240 .......... - c.hort
- AIIlIlIonl. Nt
no ...... SlIMP s.- .....
- WIIn*lglDn. Me
no ........--..
- h......-e. Me
no a-- c..- DIIIlI.........
- MorgInIian. NC
Ilqde ....__... s,- -' PuN
110 ........
- PIrIlJ IsIInd. sc
10 ...... UpdIoorch D111l1 .--.. I'nIjed
1 _~ CalIIIy, NC
110 MI - f'11 .. ~ .........
-f~.NC
H- - . ....____..
170 I...._..__~
-IIlIIeIgh, NC
110 Do._...._. u-..... ..... 0-
- ,.,...,.... NC
...... .... SIlo ...
110 -,.,..will. NC
140 ............ ftw~. ......
- ,.,........... NC
130 ......... e.G. "- ..... 11II..
- WI_ SIletoI. Nt
......... W_. s.-
t. ~..l:l.~*'ta
-~.FL
llaIRIlDw- ............... ....
110__lr
- ZMIuIOft. NC
.lIoVdDIIl c.__ diM" Sew.-
110 ... MIll..
-~T_c.-
10 ...... McI........ 0.. .......
-1IutlInQlIII\ NC
. "-- SiIr.c...._ MIl Sb.-cap.
-f~NC
Ih.-._.. u-.,.,.. "- 0-
10 -f~,NC
.. ..... '_I ..... .... ........
- GuIford CaulItr. Nt
......, HI" W_, s.-. ........
511 ......
-~.FL
... .. --.......-
-lIclIsalMIII. FL
......, ...... ......... ........ .
30 a.-
- Hue CIlV 1IBnQI!. I'BlIs IsUnd Mllme a.w
ar-wwey SIdewIlIII. ...... 1teIal"...
2a ....
- 1bomesvtIII. IIC
. 14........ "'1..._
10 ",""~IIC
5GIar PaOlllons at Zoo
_CIUIlloOr ~
New enlAra! .aon lD landIII
Aebuold alcI_ oMrtl
It 4 IlDlIans
IlebuoId pand n ~ at ZIlo
S,llOO U' 0112" Sews ReplIcernent
Sidew.. uPlIrme
Conc:mt SpoIhorIy AepII~ Ind '-' CuM<t
IIepotr -\IS. IillI consoua bicycle -
__ c.m SplIw.,
o..n.oe Jl'CIKlS
. _1Dc'MIonI
Phase 2 SIIeelK.Ipe Impl'lM!menl5
~
SIreebaIle
New founllltns IillI ~
~lDc.m..~
w..... and Sewer l"'1Jlvoe._
ShetlSidew-'k I_Is
!4" ~ forot ~
Dlmlleplon
P4edIM lla SCrftCx.Ipe
5IreelKIpe
New '-lie cuNert and eII1hen dim
w_. _,. CIrIInIge 1mprlM!_
__ St. lD ..... St.
lO" _ ..... extI!nsian
IleIIItJ 01 eIlIS1I/Ig lInng range at PlImII5llInd RecruIt
fKillay
2,,4CIO' 0110" IIIcyde lid, gncllng. dnMnaoe, I'ltll"""ll
.11 IIId 1Indscaclon9.
l;z,JOO" F1.~ D.I..IIpo..-'aass&na..PhUlO.
.........
Paul No Hawud Company
http://paulhowardconstruction.comlProiects.asox
3366629060 P.030
J. Go'" ..;. VI. u
lOK ~
OIY 01 0U/lIalII; DIpt. 01 w.II!I' Management fall 2008
Sill. 01 NurtII CMalInII ~ 01
ElMRIMIIIlIiII w_ 2007
Ind NlItuIW Aaouras
01'1 01 WInungIDn 5tJnnll 2lI08
Wa... Counay. NC Sumllll!r lllll8
CIly 01 Gn!entllDlQ fall 2007
NC ZOOIOgal Soc1etJ Spmg 2007
OIt1 01 WIIlM1glDn 501_ 2007
PuIIIic WoIIls COmrnI$liOn Oly of f~ WIIllIer 1OO7
IIC~oI_.. Summer ZIlO6
U.s. NlI.., faa_ 50Immer 21106
CumboItand CcluntJ 5tJnnll 2007
Olr 01 f~ Summer 21106
01'1 01 RaIeqI Spnng 2OlI6
Oty 01 f~" W_ 2006
OIJoff~ w..... 2005
u.- ....... Inc. W... 200s
Qly 01 Fa,CIMIIe
Fanytto '-II\' Parlos I ~ ~ fall :zoos
lEA Summer 2006
Town 01 Z_ Win.. zOOS
W1_ CllmmerDlll W..., 2006
I'lllp., u.c
Oty 0I11urtnglDn Summer 2005
Oty 01 fa~ _ 21106
Oty 01 FlYlll\l!VlIIe fll' 2006
GuolfunI County ~ Win" 20lIS
JEA Summer 2005
JEA _ 2005
U.s......,flClltleS _2005
0Iy 01 TIlomaSvIIe Spring 2005
0lJ 1II!ur11r1l1ton fill 2003
9/7/2010
JAN-05-2011 10:10 Howard Construction
PrOject Llstmg ror Yam ttowara Lonsrrucuon Lompany
till.
~ .... UIIlty DeoeI8p-..t
- him QMst, l'L
1O-1OOtII.. .... MIlItI
o.IeII" c-v- - - fill........
- ~ o..rt, r..I
,....... ,., "-c:.' II) .... .......
- SNII'1!nInSUll. IIneI
........ ... ..... .--
- CaMo. ElmIt
~ fIII;,.n, SlID
- SA... EawIll
laMIlo UMIIly o...Iop_.
- IWm CoMt. fIorIIIa
auan. ..... ....T___ PlItOt
-~Nt
......... -
- 0WpeI HIl, He
71. .................... ......
- eor..MIII, sc
SlIw8Ie T........ ....... Ooothl, .r_"lIIMIty .......
- 0elMIMd. TN
1 '"wIIdIIe 1..-apIDr ........ W .-..... SewMr
----. TN
,._ .....Il.. .......Con_l..:t" 1."__
'.....~lIIIlIIr.....,....'..... ~
- QNncIO, l'L
-... .--..... f....., 011. _
- ----. Eg,pl
........,.... ...... ............ ....--
- 0IlIa C".cu1tt. FL
........ c-., W_ Sol...,. ]5" W_ Yr............. u_
- LJIIIe Radl _
I -. - fill __ Mile eon...,. s.-
-~.laNG
So..- MIl ....... ......... s-I 011I_ W_ UnII
- AepuIllIC 1/1 "-II
.... ~.L U27lGlc-.-C-ty.. _ _ U.M M"~
- CaIullIlIuI C'.oLwCy. He
W__ T_......t T......... 1... ....... TII......
-HaIISton,Tll
.......... CNlIII W_ f_ .......
- MendII'lIIn. NC
IIIIICk .u- U.... M_ Dnil_ ~ '''''- ..... .......,... !IIatIDna
- 1OnlISCIIll. .lImaClt
.."~r UIlay.....
- ()rWlda. I'l
......... fill W_T...-.-. _. Fadll...
- ...... Cont. "-
42".... TnInlIMIl....
-1Mre/Ind, fl
............ fill s...n
- c.o. E1wPt
7r I..... -+Il.. s.._
- .......... County. I'l
.... QM__dhn
- ~ ....... 11I11I
'"~1. ............ .......
- .......... MS
a..IIIII ..... ...., Da ......It 5edlona B. U .... J3
- PIIm Cont. "-
.. .... ..........
- ~ lllvw AoIItIortty, TlC
.... --_._-----
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- OIlun*8, 5C
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GOwern/llent aI AbI.l Dnalll, U.A.E.
us AImy Corp 01 EnooMm
U.5. AImy Corp 01 Engollllel$
Aad EI Farag Waller I'tIlrlIllon ....ne
E9'fpl MIlIISby of SuIllllY
m
Cltyd~
~ 01 NC Olapel ..
CIty III GreemoIe
Otylll~
Oly III ~mptIs
Oly III 0_
Egype Morll5IIy of SuIllllY
Dade Caunly
CIty III IJl1Ie Radl
RelluIlUc allIlmaoca
IIepulJIIc ot IUJtI
Nt DftM_ ot TI1I~an (NCDOT)
Clly III H_
Oty III Hendenan
NC~ofT~ (NCD01)
Olylll~
m
CIty III lJIllelInd
EQYIIt MinKIry of SuppIr
CIty III Miami
AI!IUJIC 01_
CIty d ~n
m
GuadIlupeoOanco A_ -Iy
CtyolMrillelil
CIty III Columbia
3366629060 P.031
C 11!:l"l;; J VI U
10K
Canb"act _lit
13B,0Il0.OOO
$'13,000,000
$'124.000,110O
S8lI,OIlO,OOO
II U.200,OOO
$74.900.000
$'11,5110.000
$40,100,000
S20,DIIO,llIIO
15,6110,1100
$'1.11IO.000
13.900.000
$'I,600,llIIO
$29,OIIO,llIIO
S13,100.llIIO
$'1,200,110O
114,600,110O
SIO.aoo,llIIO
$'1,11IO,011O
$9,6110.0110
$9,110O.110O
114.400,110O
$3,5110,000
11.3110.0110
12,900,0110
$1,900,000
12.500.000
12.200.011O
SJ,2OO.000
",100.110O
t1.saO.llIIO
. $7.JOIl,llIIO
$5,8IIO.llIIO
9/7/2010
JAN-05-2011 10:10 Howard Construction
t"roJect LiStIng ror raUl nowaru \...OIJ:)UU~LlUII L.Vmp4uJ
3366629060
I. "6'" -y "... 'U'
P.032
- ....... Coat. FL
130.'126. .....
- liIdlsarl Courlty. MO
LlHMI.. UIIlty 0.. .'a.........' seaIoll. H.nd 11
- '-1m CoaII, PI.
l......--tD ~t PIMC
-~NC
.......... T_....... MIl,.
- West CooIIt RellIOneI WlW SuIIPr .whanIy. FL
.. 0utIlIII
- GtWId. SlrInlI... . s.w. Au1tlclrIty, sc
14...... 72" w.___~ s,-..
- .....l-c.cIe County. PI.
~ .... UtIIItW ........_IC 5ecDonI H .... 10
- Palm CIII5t, PI.
.50-1~ w._ u...
- ...... $.A.
.. ...........
- HIgh IIbonI. NC
H. .... .......
- lIorlIlIIIIlIeidI. FL
&aNII..... 11II,,,, "'''''Il'_''
- ....... CoaIr. fL
l......r ..... u...
- s.n ~ ...... AlCD
14- ._"-,-- s,....
- 0.- OlIlrIty, Pi
T......- o.IIIe
- N..-
."... ....... DdIII
- NIIwpaIt _, YIi
u-.n...... ao-. I' ...., 12" W_ Uooe
- ~ CDuMw, PI.
24-." .... u..
- Ma8go &.y. lImIG
.-.24. ...."',.....
-~SC
:lD" -42. DudtIe I..... ........
- Atlu-DNlII, U..U.
...24- DucIlM 1- .........
- 1IQrt.-""'D. -
....lar w_ ..........
-HouslDn,'TX
... .... .........
- NnIM", lW
1S.-24- ~.....
- ...,... PuIrID llllIl
W.... T...... s...
- CIqulls, ...... RIcD
.. ..... .....
- Palm II.-dlCaunty. fL
0".24. SIlIlllllrys-.
- s.nIan:I, tIC
JO. ~.....
-~IIe. SC
... - ........
- ........... 1M
.'.-:JO. .... MIla
-~.IIC
.--15" ........,.....
- SclUeJ~. DE
..-24" __ u...
-lUctlmand c-w,. NC
ITT
JidL5lIn Coooty
ITT
Qy of G/ftnSboto
west eo.sI RegIDllll W_ Supply #IuChorlly of FlandI
Gqnd ser- Wal8 .. Sewer AuItIorlly of Sault! CanIIna
Qyof_
ITT
Gaoemmenl of SeudI _
Qy of HigIllJon!
O\y of IIoyrllDn leach
ITT
Qy of Sin _n. PA
DIde CGunty
Gooernmenl at flloena
Olyof~_
FiI9"r County
N_W.Rr~
CIIy of CNries10n
16.-y of Suppy. U.A.E
Gooernment of H"
or, of_
CIty Nas/lWle
P\lefID IUal AQueduct . Sewer Au\tvl1y
PueftD AlCD Aqueduct . Sewer AulhortIy
Palm ~ CGunIy
or, of s.nford
Oly of ~"1Ie
CIty of Na5IMIe
CIIy of GastIonia
Sussex Clully
AKhnlond Qlunly
..__.~.._UM
-~1lC
14- Dudllel.. Pipe __ U...
- OldahDlllIl CIty. OIC
CIty of "-1~
CIty of 0Idahamil 0Iy
12. _ __I,,""..nd SIruc:tlI.-
httn:/ /oaulhowardconstructi on.com/Pro iects. asox
SI.JOO.llOO
$18,100.000
t6.1m IlM
$I,OOO.llOO
$5,lDO,llDlJ
S2,lIlIO,OOO
$6.100.000
".llIO.OOO
S5I,800,OOO
S2,9DD,OOO
$2,lIlD.OOO
Sfi..2OD,OOO
S2.5l1D,lllIO
S2.6lID,lllIO
U5.4lID,OOO
$2.6lID,OOO
",700.lllIO
",2DD.lllIO
$l.oIlID.lIOD
$52,lIlID.1lDD
sa.lIlID.lIOD
$lO,lIlID,DlIO
S5.lIlID.lllIO
SS.I00.DlIO
S2.000.DlIO
$1,2110.011I
$I,)OO,lllIO
Sl.5lID,OIII
S5,DDD,OIII
$1.4110,000
S2,9DD,lllIO
$1,100,000
Sl,lDO,lJQO
SJ..IOO,lllIO
10K
9/7/2010
JAN-05-2011 10:10 Howard Construction
Project Listing for Paul Howard LOnSII'UClIOn LUIIlI-'i:lll]
_ GeargoIOom. sc
.. ..... .....
- ~ CclunlY. Fl
Raw ......Intak.
- Hendenlln, Me
aO"..r s....... r-3lI...... u...
- ........... CiA
a5..:I.4" ........, s...
- west PlIm lIeIdl. fl
r-arvcps...
- OllIe CclunlY. fL
.... T................ M11ln
_~T1Il
42" ... _....
_ ....... lOA
....r.... ....... ....r Sewer
- PIiln*aIle PInes. fL
...... ....,0"... DudIleI_,.. __\1M
- ....... CGunl't. Fl
r.... s-b" s.w.. Jr.,... ...... s.w.
- ,.. SmlIh, AR
..-aO" s....". ......
_II~-,VA
N" ... .._ u...
_~SC
30"-."~-
- 0Ide COlICy. PL
...........,. -
-~.M5
... ~......
_ ~ CaullIV. FL
...... foIm .......
- MaIIlIe, AL.
...lr._ u..
- DIllI cauntv. fl
r-:I.4..........,-
_ _ $pnIIllL FL
14.... _ MMM
- ~ CountY. fl
JII" ...... MIl"
- a.Y1IlIoI1Ie. VA
.. ..... .....
_ '4lnJ..lIeIdl. VA
14.." ..........
- -.-.v CountY. TX
.r.,... 0Utt.ll s.-
- MclIQIntIln. Me
a.".3II" w... .....
_ WQ.... lIeKIl. VA
... ..... ......
-Ilal""" fL
a...... ...... ....." Melnl
- IIoca ..-. fL
,. .........., .....
- lAm. PucrtD RIal
r .34. ...... ..... ......
- G/WIIlIIIOIO. IlC
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_~NC
Otyd~
MInIII'!e County
Oly nI HrndonOO
Oty rJlNe-
Ol't fA _I Palm lll!oJdl
Oty oIlMde ~nty
CIty 01 Naslwtlle
CIty 01 Augusta
Ol't fA Pembnllra -
"'nella ~
0Iy fA Fort Smllh
Oty 01 Newport NewS
Oty d NnIlJOft --
~ CDunlY
CIty fA lIdlsDn
erowanI County
CIty 01 MolJIIe
o.R lAulllY
...... 5cInI9
_ord c...nty
Oty 01 01eMDeIIu!
CIly 01 v......... IIncII
Moll""'" County
CIty 01 MOn.lI....
Cly d V1I1I"oIIIncII
CIty fA 1taIpoood. fL
CIty 0I1Iaa _
I'UerUI RIal AQueduct Ir. Sewer AuIta1ly
CltyrJI~
cty of G/eensIlolU
"'. w_ MIln
-"...... FI.
." W..... ......
,- QlI!tk!!L.
jjj.~U"'_1fjry"" .liiIPIIlllp ~
- EIrIbdl Oly. IlC
201. ... W.... M....
_ _. PuInD RIal
,".IS' SetoItIry........... felUlMeln
CIty d .......
Cly c.I DillIIs
CItY fA 9abdl 0"
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3366629060 P.033
& -0- -
10K
$1.]00.000
$1,1110,000
U.<<lO,OOO
SI,200,OOO
$2.400.000
S2.loo,OOO
$4,800.000
$1.900,000
$1.1lOO.000
seoo.ooo
SUlIO,OOO
S<IOO.ooo
S700.ooo
$500.000
S2.IOO,ooo
$2.000.000
$2,500.000
$1,100.000
$4.600.000
$5.1110.000
$500.000
$500,000
$700.000
$2.500.000
$500.000
$1.500.000
$900.000
$4OlI,ooo
1500.000
11,200,000
$200.000
S5OO.ooo
lIiDO.1lilO
$1,000.000
9/7/2010
JAN-05-2011 10:10 Howard Construction
Project Listmg tor Paul HowarQ LonstrUCtlon Lompany
3366629060 P.034
ra=~vl b K
- .Jad<sQnW1e. fL
IS"Z4. s-brys...
- A.IIeV/l. NC
..- Qulf.I....
- JDsGn. MS
lZ--....-..... .....
- TnnIty RIoer AuIIlanly. 1X
.....z- 1Mb".....
-~MS
...J4-
_~.Fl
r-IS' ......,......... _. ...in
- JDsarmII. fL
roM. ..... ....n.
- Moo.,..", AI.
D"-M. ..... ouu.l
-SM-.1X
r.JlI" ...... r.--.. _t
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>>-.n- W_ u...
- 0II11s. 1X
15.-24. ..... ......
~NC
'.-4. W_ u.
_~lN
roM. ............
- ""'~.. AI.
........ WII_ UIMI
- OIIIIS. 1X
I.. w_u..
_-.n
Zl.... WIItIIl' u...
- o..MIfoR _. 111
..-24. .....-
........... Sclm9S. Pl
..-1'. ..... .......
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'-"'2" ..... ....100.
-~MS
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- VIIlIenI, OK
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,.-w..... ......
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..-w WIItIIl' .......
- ...... Pl
... s... ......
-~5C
r-w..... M8IM
- TQIln. 5C
..... ....... ......
- Me"'lJllll, IN
r-:JCl' ..... ......
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'.-lS. W...... s-
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...... "'--t "-t
- 1Ildl....... VA
11....2. ....... MIl"-
- ClIIrles1Iln. sc
Ot\' <11 JKIlsanvIlIe
$1.100,000
City <11 AlIleQ'l
$8OO.1D1
Otr <:If lKl<$On
$1.100,000
Tnmly ~ IlulIIonly
$1.200.000
Oly d Y1c~
$3.1110.000
Oly of JackSO<Mle
$1.500.000
at\' d JKbInriIe
$1.500.000
Oty d Hon1QOmel"f
$'.9110.000
City of San An_
$'.liIIO.lIOO
CIty d G<eerM1Ie
$1.200.000
City of o.llls
$I.lOO.000
Oty of Surllfl\1ltlll
$800.000
City 0I~"
SZ.8llll.ooo
at\' <11 ManlQOmelY
$1.lI00.000
City d Dalln
$3.2OD.000
City d.-.
SI.:IOO.ooo
o.llMlfart Woo1tl MeOo
$l. ..00.000
City 01 ....ml Springs
SUOO.ooo
City 01_
$800,000
CIty d Vid<sburg
$1.400.000
CIty 01 Vllllllnt
SI.500.ooo
Oty of ~Ie
$5OO,llOIl
Oly of ForI. ~
$800.000
Oly d 0iIde Caunly
$1.200.000
City 0I1l1eIuh
sroo.ooo
City 01 CDIumIN
$1.000.000
CIty dT~
S9OO,OOD
oty d MemphIS
$6.400,000
Oty d C1laole51Dn
",.lIOO.ooo
DIde Caunty
".7lIO.OOO
CIty of IlIchnoand
$2.500.000
aty 01 0WIeslIln
$1.100.000
lr...... SIlIiIIr MIl...
- Dade CaunIY. fI.
...W.....-
- DadeCauntr. Fl
Dide Caunty
$1,lOo;OOO
DIde Cauntr
S9OO.llOO
r-41. ... ......
httn '!!mH ,1I1nw:lrck'ono:;trllrtinn r.nm IProiectS.3"nX
9/7/2010
JAN-05-2011 10:10 Howard Construction
Project Listing for Paul Howard Construction Company
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9/7/2010
JAN-05-2011 10:11 Howard Construction
Project Listing for Paul Howard Construction Company
3366629060 P.036
page lS or lS
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Q/7f")010
JAN-05-2011 10:11
Howard Construction
3366629060
P.037
lOK
Vance Mangum
163 Latoma Dr . ROl<boro, NC 27574 . (336) 504-9496 . vancemangum@aol.com
DREDIE SI.ER IITEIDIIT ITRI.El.N.,.N-SITE .I.IECT III
Dredge/Project manager with a 20-year record of success overseeing all phases of multimillion-dollar
mobilization & de-mobilization, infrastructure, superfund and environmental/dredging projects for
government and private-sector clients. Experience includes managing crews of large/small scale dredging,
commercial and residential operations, HAZWQPER Initiatives and a variety of other
construction/demolition projects. Backed by strong credentials and a proven history of on-time, on-budget
and high-quality project completions. Indeoendentlv manaaina larae orolects. resoonsible for olannina.
budaetina & execution of the oroted. Monitorina oroiect. .
III Sllllls
- Dredge Projects
- Infrastructure Improvement Projects
- Environmental Remediation Projects
- Site Safety/OSHA Compliance
- QA/QC/Field Engineering
- Change Order Management
- Budgeting & Cost Controls
- Bidding/Estimating/Proposals
- Subcontractor/Crew Supervision
- J987 Person County H.S.
-Crane Operate 25-J50 ton
- Business Management
-Run heatry Equipment
- J997 Unlimited Commerc/a/-
builders Ucense (dosed 2009)
IIIPllver Summan
LW MATIESON. INC. - Site SUDervisor / Project Manaaer 07/09 to oresent
Certified for project (TVA, steam plant, Kingston, TN) as field supervisor in the dredge and extraction of coal ash,
in compliance with the EPA. With a quota of 1.4 million cubiC yards of coal ash. Includes calculating project costs,
selecting suppliers, procuring materials and services, Interpreting project plans, scheduling project work
activities, providing project oversight, interfacing with project personnel, and helping to ensure successful project
completion and close out.
ADVANCED DREDGING (TVA Proiect. Klnaston.TN) -Proiect Manaaer/SuDervlsor. to 01109 to 7/09
Managed all phases of dredge operations, and functioned as dredge operator. Includes calculating project costs.
ADVANCED DREDGING/MANGUM CONSTRUCTION - Protect Manaaer. 1987 to Present (CD.. closed)
Owner/ Operator of Advanced Dredging (Amphibious Equipment) Owner/ Operator of Mangum Construction, LLC
'rlleCI Ilahlllllll
Current Project (Lake Decatur,IL)
Extraction of old pipe. Plan and manage the mobilization of 14,000 n: of steel pipe being placed for dredging of lake
Decatur, City of Decatur. Mobilization Includes everything from ground zero up till the actual dredging that
begins on Oct. 15, 2010. Working relationship with the tity and all aspects.
Environmental Remedletlon . SUperfund Projects (1987 to 2009)
Served as project/site manager on many multimillion-dollar superfund and remediation projects that Included
multilayer landfill capping, excavations of contaminated soil, public lands restoration Initiatives.
HAZWOPER Projects (2004 to 2008)
Led all phases of complex HAZWOPER projects involving groundwater extraction and the safe, EPA-compllant
disposal of hazardous waste as a HAZWOPER-certlfied project manager.
EducaUo. & CenDleltlols
- - .:.:..:....::;..:...:.;...;...;._:;...:._'.:..~,~;.:..;,-:..:..:- .::..._:._:.~:.:..:._._.: ...- ._::_.~.~.
OSHA, HAiMAT, HAtWOPER (REQUIR.EDBYlVAJ, HAZWOPERSUPERVISOR TRAINING, OSHA 30,
USACE CONSTRUCTION QUALITY MANAGEMENT, OSHA Hazardous Waste Operations & Emergency Response
(HAZWOPER) Certification
Also Certified In Construction Safety, Confined Space Entry and First Aid/CPR
JAN-05-2011 10:11
Howard Construction
3366629060
P.038
lOK
Vance Manuum
163 Latoma Dr _ Roxboro, NC 27574 _ (336) 504-9496 - vancemangum@aol.com
C..STIDeTI.. SUPER IITEIDIIT ITI.VElING/II-SITE
PRIJECT M.I
Residential and commercial Project manager with a 20-year record of success overseeing all phases of
multimillion-dollar construction, infrastructure, superfund, building and environmental/dredging projects
for government and private-sector clients. Experience includes managing crews of large/small scale
construction, commercial and residential operations, HAZWOPER initiatives and a variety of other
construction/demolition projects. Backed by strong credentials and a proven history of on-time, on-budget
and high-quality project completions.
.1' SkillS
- Construction Projects
- Infrastructure Improvement Projects
- Environmental Remediation Projects
- Site Safety/OSHA Compliance
- QA/QC/Field Engineering
- Change Order Management
- Budgeting & Cost Controls
- Bidding/Estimating/Proposals
- Subcontractor/Crew Supervision
- 2987 Person County H,S.
-Cr6ne Operate 25-1.50 ton
- Business Management
-Run heavy Equipment
- 2997 Unlimited Commercial-
builders License (closed 2009)
E.PlIYER .I.MIRY
MANGUM CONSTRUCnON - Protect ManaGer. 19B7 to Present (comDanv closed 2009)
Owner/ Operator of Mangum Construction, LLC. Vance Mangum has over 20 years experience in the construction
industry. Vance's experience indudes positions of increasing responsibilities in managing, coordination, planning,
analyzing, and scheduling of projects. Mr. Mangum maintains an active Involvement with assuring that requirements are
met in Identification of client needs, project budgets, schedules, construction quality, personnel, communications, and
planning.
LW MATTESON. INC. - Site Supervisor I Proiect Manager. 07/09 to oresent
Certified for project (TVA, stellm plant, Kingston, TN) as field supervisor In the dredge and extraction of coal ash,
in cDmpllance with the EPA. With a quota of 1.4 million cubic yards of coal ash. Includes calculating project costs,
selecting suppliers, procuring materials and services, Interpreting project plans, scheduling project work activities,
providing project oversight, interfacing with project personnel, and helping to ensure successful project completion
and close out.
ADVANCED DREDGING (TVA Protect. Kinoston. TN) .Proiect ManaaerlSuDervisor. to 01/09 to 7/09
Managed all phases of dredge operations, and functioned as dredge operator, Includes calculating project costs.
Owner/ Operator of Advanced Dredging (Amphibious Equipment).
CONTINUEv'o'
JAN-05-2011 10:11
Howard Construction
3366629060
P.039
lOK
Prollct Hllhllgllts
Current Project (Lake Decatur, IL)
Extraction of old pipe. Plan and manage the mobilization of 14,000 ft: of steel pipe being placed for dredging of lake
Decatur, City of Decatur. Mobilization includes everything from ground zero up till the actual dredging that
begins on Oct. 15, 2010. Working relationship with the city and all aspects.
Environmental Remediation. Superfund Projects (1987 to 2009)
Served as project/site manager on many multimillion-dollar superfund and remediation projects that included
multilayer landfill capping, excavations of contaminated soil, public lands restoration initiatives.
HAZWOPER projects (2004 to 2008)
Led all phases of complex HAZWOPER projects involving groundwater extraction and the safe, EPA-compliant
disposal of hazardous waste as a HAZWOPER-certifled project manager.
Educatlol & Clnlllcltlons
OSHA, HAZMAT, HAZWOPER (REQUIRED BY lVA), HAZWOPER SUPERVISOR TRAINING, OSHA 3D,
USACE CONSTRUCTION QUAUTY MANAGEMENT, OSHA HazardOUS Waste Operations &. Emergency Response
(HAZWOPER) Certification
Also Certified in Construction Safety, Confined Space Entry and First Aid/CPR
A list of all job references that have been completed in the construction field, managed and accomplished by
Vance, are available at your request. Thank You.
TOTAL P.039
SOUTHWIND
CONSTRUCTION
T er.hnolDfY &. Ex/)erlence Worldng T agether
Collier County Purchasing
Attn: Mr. Scott Johnson
3327 Tamiami Trail East
Naples, Florida 34112
Subject: Wiggins. Pass Dredging Project
Dear Mr. Johnson:
Please find enclosed
our frice due.to the
me.
the Wiggins Pass dredging project.
edon Ifl12011 between Gary M
Please contact me at your convenience to discuss f'ur:ltctl
Sin~ly,
~ luuuUf
Stephen Bassett
President
Southwind Consttuction Corporation
6 of 33
..
1 0 K .."
"
14649 Highway 41 North, Suite 100
Evansville, IN 47725-9357
Phone # 800-880-7120
Fax # 812-867-4477
www.southwindco.com
An Equal Opportunity Employer
VIII-1-a New Business
2 of 26
1 0 K '~~
(lUwiul Uwm]IUOC~
Actlv.
lxPll'O<l
My OoITent Soildtatlons
My ProfII.
Hy CommocUtla
lOQOut
Submit Bid Online
Solldbltlon TItle: Willi...... P_ Malntenllnce Dredging (Pre-bid 12/15/10) 53
Sollcltlltlon NUmben 11-5633
Sal/d_l..n SUm...", 1 _eM!..... TIImlL _ Ccmdlt_ I QM I SUbmit BId Online
_ _1_ tc> nil In YCIII' IIId _ ..vIew...., dI............'n_.
City: Cftllltlr t:ftuntv Purdlaslna
c~~a:~M~~n~
SoIlcflatlon Starts: Frlday, December 03, 2010 to:oo:OO AM I!astam
SoI_n Ends: WeclnHday, llInUlry 05, 201l 2:30:00 PH eastem
SUbml5:lk>n M_: E1eclnlnlc
CClnIm..dlty
General Contractor
DredgI", ServIat
SUbc..mmClCllty
(unspedllecl)
(Unspeclftod)
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Illd Bond
E-Vertfv
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tJ?f C;I'IY'~
$ .%:J 'It
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MISe BId DoaJments
. Input 0 I' the CDSt OIl the Item .. includ8cl.
It..... No. Eetlm_d Quantity Untt of Measure Descrtptlon
1 LS MobIlization B Demo_lion !'or Dnldglno
- c:r DrodOIng ond DIsposal or Sand north 01 WIggins Pass
3 LS WiGgins Pa.. Turbidity .. fnvlommental Mon_11ll
4 LS Conslnlctlon Surwrys
!ach Sand Analysis
Unit .....ce Item Total
$ $S~~.~f:iO
6"29" 2M."7 "10
15.211I"00" 15.288"00
33.1tCtl" 00 " 33.~2"00
~"oo" 2~~"OO
Grand TotIl,~.q!I~...10
calculale
Disclaimer
By using the Collier County Online IIIddlno System, you are ilIlrmlnO that you Ire duly._ III submit _ bid, that thIS bid h.. net been prwpateclln
collusion w1t11any otller _r, Ind that tha con_ts or thIS bid hove not ban Q)mmunlcated IIIlny _ bidder prior III 1M _I due _ end _.
FUrthermorll, you '" ocknowledoll1ll that you hove read, understllod, Ind a<aopt the terms Ind condltIo.. or tillS soIlCItatlon and tIlIt your bid ..- or _
the minimum spec:lftcatlons contained In tillS _tIon ID bid.
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Onlinl! Bidding Syttem V<<'ltOf'l 1.Q created by Vlson '..emlt
I Conftrmllld II Cancel I
http://bid.colliergov.netlbidlsubmit.asp?id=EAE29584-C56D-4C7D-9F2E-F7FFBBAD03... 12/28/2010
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SoIlcltatlon lItIel Wlttlllll .... MaIntenance Dredging (Pre-bld 12/15/10) SJ
SoIIcIIatIon N......... 11-803
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Contlct: ~~~Mr
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C( Dndglng Ind ~I tit SlInd no<lIl tit WIggIns ....
LS Wlggtns ..... ~ Il Envtommonl1ll Monit<IrIng
LS ~ Survwys
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CDlIusIon wtlIl Iny othar bidder. and that tile CIlIIlllnll fIIthlS * _ not been CD_ntaIM to ...., othar bidder ptIar lD lIIa GIIIdaI due .....and tImII.
~ you a..1lCIaIo ,~ lhIItyou - _. ........... and llCIlIllt lIIa tarms and OlIndllonl tit lIlIIlCIUdlalIon and Ihat your * _ or.........
the minimum ~.._ CIIIItMIed In _ _lD bid.
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OnlIne lidding Sy...m _1.0 ""MId by _1_
http://bid.colliergov.netlbidlsubmitasp?id=EAE29584-C56D-4C7D.9F2E_F7FFBBADO3... 12/1312010