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Backup Docs 01/25/2011 (CR) \U0U-.J w..- \oL{ c~+- \ "'qo MV' .4A4 ~sPaula From: Sent: To: Subject: Karen D. Clawson [kisforkidsfoundation@mac.com] Tuesday, January 25, 2011 7:48 AM SpringsPaula K is for Kids@ Teen Names for Proclamation Good morning, Paula! ~he two teens who are able to attend this morning (one has to miss, has a test and mom has a migraine!) are: Haylee Lamb, and Amber Valcante (pronounce Val-can't-ee) Thank you. Very truly yours, Karen D. Clawson Founder & Executive Director ~.\SfO'Kid S F,;"tA~lk&h;,. Bringing books to kids everywhere. Website: www.KisforKids.orq . Email: Karen@KisforKids.orq Telephone: (239) 596-KIDS (5437) Fax: (239) 431-6882 5683 Strand Court, Suite 7, Naples, FL 34110-3343 "Encourage today's readers. Inspire tomorrow's leaders." K is for Kids@ Foundation promotes literacy and a love of reading in children by enriching their libraries and expandin9 their access to books in and out of school. 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W Q ooz <C LLI Q I:i c c( C) +i uLLO ::::) ~ +i 0f20 ~ ....I c w...... 0 ....I CJ ~ c Uw...... ::::) 0 Z Q1 e:::CC~ 0 u z ~ e:::CC~ 0 A- 1-1 Q fI) > A- u W ........ 1-1 W ........ > .... z w ~ ..........J:::E w I- Z W Q1 ..........J:::E w ~ w w ~ ....J....J:::E U ~ W W ~ a.. ....J....J:::E U C. C. w C) <C ~ ....J<C ~ W C) c( ~ 6:20 ~ ~ c( Z OIO ~ c( Z U(f)U D. U(f)U D. \~ u\ b-~~_~ Add On Item 9H January 25, 2011 MEMORANDUM .,,9 H DATE: January 20, 2010 TO: Board of County Commissioners FROM: Commissioner Jim Coletta RE: Economic Health and Viability of Collier County Dear Commissioners: Like you and so many around Collier County, I've thought a lot recently about how our community can work together to improve Collier County's economic health and viability. I think the majority of us - across the community - understand that economic diversification is critical to our future, and I earnestly believe that there is common ground to work from in building a healthy economy for Collier County. As Commissioners, we see every day the devastating impact of the national economic collapse. It was even worse here than many places, since nearly all of our economy depends on population growth, tourism and agriculture. We have many important responsibilities to the people of Collier County - keep our citizens safe, to keep taxes low, make regulations efficient, provide infrastructure and keep our environment pristine - in short, to make this a great place to live and work. In addition, we all know that any time we use public dollars we need to act as smart investors of the limited taxpayer dollars. Our recent experience has taught me that a local economic diversification initiative cannot and will not succeed unless our residents understand and believe in it. In addition, I advocate that as Commissioners, we should develop and adopt a public policy objective supporting economic diversification. Finally, I believe that such policy objective needs a dedicated funding source - approved by the people. The policy and funding source must be in place before, not after, any specific opportunity is considered. .. ,9 H Add On Item 9H January 25, 2011 Board of County Commissioners January 20, 2011 Page Two So, I think the time has come to ask the question: "Do we as a community agree that economic diversification is necessary? Do we as a community agree that limited public investments are a useful and may be a necessary ingredient to compete with other communitiesfor business expansion or relocation opportunities? Ifso, what kinds of public investments make sense? " In my opinion, it is our responsibility as elected officials on the County Commission to develop policy, to facilitate the targeting of companies that conform to that policy, and provide financial incentives where they will best serve our entire community. It also is my opinion that it is the responsibility of the citizens of Collier County to decide whether they want to create a dedicated funding source from which those investments would be made by the Commission. I would like to discover whether the people of Collier County want to invest in this kind of economic diversification program and, with your approval I propose that we ask them. I make this proposal knowing that it cannot go anywhere without your endorsement and ultimately without the support of the people of Collier County. I have therefore asked the County Manager to schedule an opportunity for the Commission to consider this proposal and, with your approval, to allow me to reach out to all parts of the community - including all those who were so vocally and deeply engaged in the issue of economic diversification over the last year - get their thoughts, and come back to the Commission with a proposal on how to proceed. In consideration of your input, I plan to place this on the agenda for the Board meeting on Tuesday, January 25, 2011 as an add on under item 9 Board of County Commissioners. Very truly yours, James N. Coletta Commissioner. 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LLI 0:: cc :;) o > 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 lOK 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 lOK 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 10 K 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 10K 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 lOK 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 10 K 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; lOK 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 lOK 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 lOK 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 10 K 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 lOK r 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 lOK1 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 lOK 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 10K ( 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 46 LEE caur'l,l TY' 11 : - + +: 14 : 1I ~ D RURP-.L SETIlEMENT P-.REA DISTRICT RURAL INDU51R1f..L DISTRICT D EST AYES DESIGNATION D CONSERVATION DESIGtJA TION OVERLA YS AND SPECIAL FEA lURES +~.... D : ~ INCORPORATED AREAS - - III COA.ST P-.L HIGH HAZARD ".R EA I 111111 I TRAFfiC CONGESTlm~ BOUNDARY -- fi.REA OF CRITICAL STATE COt~CERN ;:l AIRPORT NOISE P-.REA f=l NATURAL RESOURCE D PROlECTION AREA (NRPA) I ~~~~roEi~E~~~~R~~~GLE _ RURAL LANDS STEWARDSHIP AREA OVERLJ\Y ~ URBAt~-RURAL FRINGE lR,o.NSITIOhl ZOOE OVERLAY .. NORTH BELLE MEADE OVERLAY lOK f I_A~_r REVI SI 01\1: ZOI\III\J G OtDCD---.J<n{ll-l>C.JI0 . _=_-=--------OTHER T,he Historic/ 10 K .. County Alchoeolo - sou rc d' glcol P e eSlgnoting h- robobility Mo IstorlC ps ore th or orchaeolo' c official glc resources. " ~~ [~ ~~~ ~~ ~~ : I~ ~<~ " '::;:-, "-.' / 8 -,~~,<':::: ~ '-, '" -",-,'" ,,:::~ o . c :;0 6~lns:-." =2: AJITlcp.-r- I mzO C-) 8~~.-(g ::r zO)>lf) ;j8~;d~ ~ ~z~~55 Ul z~-<c~ z C)::U~~() o o~~{f)[T1 -l )>o::.uzZ ~rrl~~S . ~~~~ I'l rn~ ~ ~~ U --1~ oC'l ;UC'l o ;u m fTl fTl Z IT] [J) -i )> OJ r:: [/) ::r: '" o lOHIHG IlnT[~; ~ i~C~~;90 pu- 90-1:) ; 9-1[5-9' Ii- 90600 5 ~;=:g=~~ Pl;_~~~'1:1-85 ~ l1-J-q2 pr~L~~~~-;t R 11- 92.5gB 9 5_.R9_-9Y/ LlJ--91-1fl tXI :i' ';/6-99 v 94_,,9,' '>2" 17 -13-00 9?-78 1.1 11- PUD-ngy- ,92 PU[)LX__o-~:8 AR 00- 88 -7909 IJ5-J9! lJ[VElOPMFr\!! SIMW -- -- 11<~r;-91 ARDS fAOOIfICAfIOW; ORn rJl 105 !)Fi/l:l6M: w -< (") I ,. 'U " ,. Z ~ q ~ () fTl (Il g ~ I;; ~ : d o 0 (") -'l >- ~ (") Z ., o 0 =rj F E; -< .S; ~ ~ -< ., _" r>1 ,-- 0 -I o I ;U m - o -< VI }> ~ Vi ,. "' ,. o rT] o OJ " U r>1 )> ~ t5 f.i '" r>1 o L. rn '1 L -< Z " Pl 0 :.r: OJ r>1 ~ Q 0 _ Z ~ ~ ~ 6 o Pl P- ." ' Z H so 0 z :2 z I C1 ~ ~ o ' -r1 c; G) C , '1 < rrl o '1 ;;:: '1 :><: C) o OJ ", '" o z OJ ~ '-J Z -..'. )> III ~ ~ '.... , '...., I",~) //-~ ,/ / / / -- -- )> rT] /1 / // //// _// / '-- --'- -~ ~~ " o " o I ,. -< " I C'l C'l ~ )>~" C'l fT1 ~ ,. Z ~ < C'l ;U ____~\ (f) ( ;;;..... ~l'-J -<..... )~ i')-I ~;,~ -<m" ~' ,...... _ C"""" ;:ri CD /', po '<:-';> ~ l:. -=:J I 1- 85165 ,"" '\ 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 lOK 1.' ;' <" , lOK ~ ! 1 . ',r;. :.,-.'i ~jl}.:.. Eauestrian paths: and .+1.'~~~.~"'~ 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 lOK 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 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 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. 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 :j Ii 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 ~"'" ~ij~ c.g8 ~~8! ~~~ ......Om 0", z '" " "'5 z '" c: 0, ~ a ~g ~'" ,.!..~ E ci 'cv z::< " '" a5 ~ (L '" c: 'g ~ c: '(i <i " ::i c:-;: "'0 C!)~...... , MO ~NN 0"'"- LO ~~? :2 '" '" ts~5 ~Q)Q,I Ero'(U (Lao ~ ! . Jl:.r ~'& ! Q ...d j~f ;fu ,go u fl~'1 ~ !. 1 t I~I -Ii I ! J'I"'':""',: ' '!t, , it " Q;, l.t ff' "Iii 8 j " z ggggg gigiggg CONl.OO ~...f1()llil{) ......OMN "" <D W~~~~ goggg u-;r...:OONO tg~re~~ ~~~~~N III N ~ffl~fflffl ggggg 0~8gg 8"'00", lLi~riON <o;;t('o..MM...... 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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 lOK ~~ . 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? lOK ~ 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? lOK '.~ 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 lOK . 'j - . lOK 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 TS-i lOK .~ ~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 TS-l lOK 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 IOK 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: TS-3 lOK 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 IOK ~ 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 1 0 K ,.,. 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 I 0 K .>" . 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 lOK 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 TS-8 lOK ~1 -i 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 TS-9 lOK . .~. . ~ 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. TS-IO lOK 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. TS-II lOK t~ 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 TS-12 10K 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. TS-13 lOK 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. TS-14 lOK '1 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. TS-15 .l.un "1 lOK 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. TS-16 10~')t. 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, TS-17 lOK 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. TS-18 IOK 1 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. TS-19 IOK "'1 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. TS-20 lOK ,,;.I APPENDIX A ~GGINSPASSPERNUTS To be Provided APPENDIX B SAMPLE DAILY QUALITY CONTROL REPORT, WIGGINS PASS lOK ..~ lOK 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)? lOK 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)? lOK 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. 10K APPENDIX C SURVEY CONTROL lOK" 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. lOK hl .~f 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 lOK APPENDIX D QAlQC PLANS FOR ~GGINSPASSN.UUNTENANCEDREDGING lOK 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. Page 1 of6 lOK 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 Page 2 of6 lOK 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. Page 3 of 6 lOK 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. Page 4 of6 lOK 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: Page 50f6 10 Kl 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 lore "1 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 lOK '..... ff !H U .. g <; z ii -<~ a H ~o z D z w 'iq I ~.. i i~ ~ ~~ IU~ ~h ~ ~~ t3 !~ llmlll. ~I! i Ib ~ . ~ ~ if t ~ f1)EP 1ll0000UMENTS ~ 2001 f'OTENllAl. HARD80TTOlr.l ! _? _ :; =~TOOINO LINE m ~:~O:~L HARDBOTTOt.I i _ __ 8AlH'l'UrnrC COHTOOR ~ SPOIL AREA RANGE 1>>00 fOR CHANNEl CROSS--SECllONS ~ t, COORDINATES AftE IN HET BASED ON flORlDA STAlE Pl..AME COOROINATE s'tSTElI, EAST ZONE, NORTH At.lERlCAN DArutol Of 1eu (NAl)aJ). 2. ELEVAllONS ARE IN FEET REFEMNCm TO NORlH AMf'AlCAM VE,mCAl J. ~F~~~H~~ SHOWN (I\i THIS MAP REPflESENlS TIlE REstJlTS OF THE CPE SIDESCAN ~ Of 2001I ANtI 11114- 4. 2001 AfRlAl PHOTOGRAPHY fRON COWER COUNTY PROPERTY APf'RAlSER OFFICE. ~ BATHY'METRlC S1J1l'<'EY P€RFtlRI.IED 8Y CPt AND SOl fOR PROfllES ON "'ARCH/APRIL AND JULY 2OOlt. ~ "'00 PV-1 PrietoEvelyn lOK \.jl\) 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 lOK J~ 'I 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. 3 lOK 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;; 4 lOK ~ 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 1 lOK 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 lOK 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 lOK 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, 1 lOK 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 2 lOK 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 lOK 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, 1 lOK:\ 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 lOK 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~. lOK 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 lOK 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 lOK .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. lOK 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. 10K 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 lOK 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. lO,K 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: lOK 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 lOK 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. lOK 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 lOK 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: lOK 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. 10K 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 lOK 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 MV Current Solicitations My Profile My Commodities Logout 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 Local Preference I B......... I IB_..I IB_..I I Browse... I 1-...1 E-Verify GC-P-I thru IS Mise Bid Documents * 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 IOK *l 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 10K 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 10K 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 GC-P-6 - 10K11 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) GC-P-7 10K ..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 My Cases New Case View Cases Company Name: Southwind Construction Corp View/Edit My Profile Company ID Number: 165725 Edit Profile Doing Business As(DBA) Change Password Name: Change Security Questions DUNS Number: My Company Physical Location: Mailing Address: Edit Company Profile Address 1: 14649 Hwy 41 North,Ste 100 Address 1: Add New User Address 2: Address 2: View Existing Users City: Evansville City: Close Company Account 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 1 so • a c a • Q a � W ` m v m E •m c co a c a ,. - eo e E o 41)E co III re p u Q ) Za 0 CO 0 Z Z C9 a 33 • a a a h- N 1 r OIA liJ - W § U) CO CO 0 N 0 czi � I to m w cn U. °• S b_ a m °ES c o m 2 Q E. v o ? c W • W G m N a a c • g o • M 0 o U Q Q - §O N O 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 IOK ~ 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 JAN-05-2011 10:08 Howard Construction 3366629060 P.004 lOK 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 JAN-05-2011 10:08 Howard Construction 3366629060 P.005 lOK 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 Howard Construction 3366629060 P.007 10K " 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 GC-P-8 JAN-05-2011 10:0S 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) GC-P-7 JAN-05-2011 10:08 Howard Construction 3366629060 P.009 eolrer County ~ .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. GC-P-8 JAN-05-2011 10:08 Howard Construction lOK ..a3366629060 P.010 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 JAN-05-2011 10:08 Howard Construction 3366629060 P.012 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 GC-P-11 JAN-05-2011 10:08 Howard Construction 3366629060 P.013 lOK .~ 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 JAN-05-2011 10:08 Howard Construction 3366629060 lOK 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 JAN-05-2011 10:08 Howard Construction 3366629060 P.015 lOK i 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 JA~-05-2011 10:08 Howard Construction 3366629060 P.017 lOK ~.~ . 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 JAN-05-2011 10:06 Howard Construction 3366629060 P.001 lOK ~ 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 -~~ (. ._.':: \ 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 JAN-05-2011 10:07 Howard Construction =-verlr~ Company ID Number: '3 B ~ Lv 0 4- 3366629060 P.002 ~~f ~~~ liTI\ '1 \,~!.J 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 www.dhs.govlE-Verlfy JAN-06-2011 10:07 Howard Construction =-verlr~ Company 10 Number: 3e~ U 04- 3366629060 P.003 1QJl ~. #t~~ "::0: . .,. ... IInlll.,' ..r. ',' ...~ ..~ 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 Page 3 of 131 E-Verify MOU for Employer I RevIsion Date 09/01/09 www.dhs.govIENerlfy JAN-05-2011 10:07 Howard Construction t:-Yerlry Company 10 Number: 3 8~ loa 4- 3366629060 ,'~i: ~~ 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 Page 4 of 13 I ENerlfy MOU for Employer I Revision Dale 09/01109 www.dhs.gov/E-Verlfy P.004 #6':~ " iililii .' ';~ I f lOK ~ "'~, JAN-05-2011 10:07 Howard Construction I:-Yerlry Company 10 Number: 3~1o 04- 3366629060 ,~,. " .. .~.,-;,,~' P.005 A'~~~ ..1111I11 . "'. " lOK ,t 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). . . Page 5 of 131 E-Verify MOU for Employer I Revision Dale 09/01/09 www.dhs.gov/E-Verlfy JAN-05-2011 10:07 Howard Construction t:-verlry Company 10 Number: 38~ to D 4- 3366629060 P.006 I~.' ffI:f:'~~ '~:: -".IIMIU'Q .~" "1 K 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 Page 6 of 131 E-Verify MOU for Employer I Revision Dale 09101/09 www,dhs.gov/E.Verify JAN-05-2011 10:07 Howard Construction e;-Yerlry Company 10 Number: ~B~lo04- 3366629060 P.007 '~l:~~ lOK 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 Page 7 of 131 E-Veril'y MOU for Employer I ReviSion Date 09/01/09 www.dhs.gov/E-Verify JAN-05-2011 10:07 Howard Construction I:-Verlly Company 10 Number: 3e~ to 0 4- 3366629060 P.008 ~,. g/~:" "'''-c'V';/".,II~I!I", lOK .. 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 Page 8 of 131 E-Verlfy MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify JAN-05-2011 10:07 Howard Construction I:-Verlly Company 10 Number: 3B do. (P r; 4- lJlll~it 1i,009 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. Page 9 of 131 E-Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verlfy JAN-05-2011 10:07 Howard Construction e;-Verlly Company 10 Number: 38 ~ (g 0 l.{- 3366629060 P.010 '~I- ffi"~~' 'P!= \1l.1I1,~ '~a-.. '" .. lOK ~'~ 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. . .. Page 10 of 131 E-Verlfy MOU for Employer 1 Revision Date 09/01/09 www.dhs.gov/E-Verify JAN-05-2011 10:07 Howard Construction I:-Verlly Company 10 Number: 2:>'O;;? to 0 4- 3366629060 P.011 ~. .- Ilfh....W~.. ,;. -_/Ol,:".~i,i,., ...' 1\' 4 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..~- ~ :NarT"e(P1ea-sel~t~~ n ----_..dS1YJ.tS--TitP'--- ~~-~ 1-------.---- -: Richard T Howard Jr I President l.. _... _ _. ".n ... _. ........ _.~.~.._.._ .._.__u .... - - - ! . .-'" .-. .. .-.-- --.. --. -- 'Signature I Date L _.~,~W:-------- ---, - __________~_:____Q~LQ41.?0l1_.________. --- --- ,. __no. p~part!!l_l!l!t~.H~~el~ .~_~e~_I!r!!Y:- Yerff.i~~J9~ Di'{!~~n . _ _ m________ _________ Name (Please Type or Print) ITltle I ' i I i to.. _ _.._.._ ... .._. ,Signature I I i \ I -- bale I i I ..,~ ._, I / Page 11 of 131 E-Verlfy MOU for Employer 1 Revision Dale 09/01/09 www.dhs.gov/E-Verify 'JAN-05-2011 10:07 Howard Construction =-verlr~ Company 10 Number: l::S?S~ lo 0 Lf- 3366629060 ,~r P.012 JP'."......,"" ~~I~.. 10K ~ n 'j '. ) ! 1 J~f~~~~~!o.n re~~ti!1_g_tOYOUi90~I?~n,Y~ __ '.______ __ _ . .. ._ n __ ._. __ _____ "__0__ -- ---- -.- . _H. : I: I ~... __ _ ..__ _ c~panY}:~~~~a..,.t\:l~v- d~ !:!~Ll" -foOb. G,~4.::I>.c I I : ~C?~I?~_rlYfa.~!lity~~~~e~~:: :1l,QQ2=;:r: _ B\ASiD~ S. $..B.~ K..~ r.)Y-~--l l,------m. _ _ .____.h_.. ..__._ _._ _, _ ..!.Grf-~n$-b9~QJ-.N'- ~~1'fQ9 ,- -! ! I Company Merna" I . 'B:::> 35 "/ I ._".____.___~~~t~~:___,.ffbs+- gfi~____m____" Xu ------,-~-;?,.--------, . _ m_______.____.. tGy~_~,bQr.PJ,_~G--~l,-1-~s. I i8wl~rd ' I i . ..-..----'----information Required for the E~Verify Program l . _' ._. i _ G_~LJnty<?r pari~.h: I __~~~I~Y:~_l~:_~~~~~i~~r.~ . _ -J _\9_ \=J!:}~~LQ.lP, ~ Q ________u_ .______ I , _I i , i I I I ---1 Number of Sites Verified I I for: ~ I !Are you verifying for more than 1 ~ite? If yes, please provide the number of sites verified for --l lin each State: State ' Number of sites : Site(s) North American Industry Classification Systems Code: ._._.~_..,__,.__,__ __ _. M",' _....____ ._.. _~. Administrator: [ ~ ~..~--- i l_R.,cht;tv--d -r H-9!NCl_'Cd, I 1 10 to 19 --1-dd"U-' H .-r-- :Jr . ... ~umbe.r_gf Emp!~y~~: l ; -------_.._-----_..~--------~.._-~-_._-_._._._------_..---_._._------~ 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 Company 10 Number: 6B =< lo 0 4- 3366629060 P.013 ~I II'f~:"\. '~i; '" "...' '., ,~!II!I ~ lOK ~~, Infonnatlon-relaiing-to-theProg-ram AdministraiO-r(s)for-yoli,..company-on-'pO-iICy -quesiioil"s'or jOperational problems: I ! l ------- ~ __ ....__0 ...._. ...... . _."... ...... .. u_ I _u__.._ ~a~~:!__fZ\ ciYlrcLr--1-:to \AJcu:d, _:?t___: ---- -, r _ --- --- ..'!!~lIP~o.l!~~lI"!!J~~Jf' -L33LP).JJl!,Q~:--9.Q,~--C:L--~---- _____ I I ; ~_________________f!XNul!!~L12"3lDJj,QlD ~ - _9-DJiL.O________________ ,J I I ~~_" ~d~re,ss~ '("' ho~CtYd e~o ~~d c.Clhsh-1.A:c.li 0.., ., ~~ .... i i ---I ; i ,Information relating to the Program Administrator(s) for your Company on policy questions or :operational problems: I i - ---,..! i------_. - - ~~'!!!:~2c.hay_cL T_ tkJ~r--d I -;;:k_. .!~~~~D~,~!!~_bll.r:~_L?~lPJ__LP_~~,~ ___gQ~Q_ . -- ------- ___________' ______Fa~.~umbeJ~3~ ') lD_~~=_g_~..~q_,_____,__..________~ I ' ._ _ E.ma_"_~~~~e~~:~th~.rd@~ho~d...~1!-u"-+iQv.l. C9~_! Page 13 of 131 E-Verity MOU for Employer I Revision Date 09101109 www.dhs.govfE-Verify TOTAL P.013 eo1tr Colmty //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~ I~ ~D,.f- "'" /a ~4 I v/- /~/. 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!.. /;&//1 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 lOK 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 3366629060 P.005 ~ riI ::s 58 Q II: rilO BE rIJ = 1-" i5foo :II AoO :; U g= iI o :z: 5 ~ U II: ... riI = ..... = Ira ~ :; ~. ... lOK D: i Ie o ..... = ~ o >. >. >. >. >. >. >. >. >. >. >'c ?;> C C C C C C C C C C ~ !.lilili!!.lilililill!. E E E E E E E E E E E S o 0 0 0 0 0 0 0 0 0 0 0 uuuuuuuuuuuu c c c c c c c c c c c c o 0 000 000 0 000 a.= "= "= := "':: ".= .~ -.::: '': ".= := ".:1 u u u u u u u u u u u u 2 2 2 222 2 2 2 2 2 2 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . III . m III m . . m . III . 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E- Cl~g 0::0:::0:: rnOOw~~..... r'" r:a E- f- r::- _ ~.:-: 'Jlr~ o(....;t- ..'""..... ::::;- f* ~. -> W '.iiii[ ::J ,J: E-' a:: 01( <0 U IX E- ~uu:;;;:<f-O X X '^ lIJ W bJ ...~ JAN-05-2011 10:09 Howard Construction 3366629060 P.006 PAUL HOWARD CONSTRUCTION COMPANY. INC. CORPORATE ORGANIZATIONAL CHART lOK 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 Howard Construction 1 0 K ".'3366629060 P. 010 n ~~ n :ua "1'121 C 0 0 :II 0 0 =I :II :: e "tJ il 6 z fTI Q ~ 111 ::0 0 c ~ ~ ;ii () UI J: en f!1 () ITI 0 :c Z C ~ ~ ~O-f (nn 111 on fT1 ::u ~, ~~~~:o J:--i L en ~ > c r~)>z"T] O~ z ~ ~ f;i ~C110 :;00 c > 6 GlUl~Z::c ::u z ~ rrt)>f'l1~o -12 -< 0 ooAJz z - Q) :u ~3::-II'I1:::O nO 111 . C ~ ~co!BfTI N C) 0::0 0 ITI o~~zo . en z<_c;)G') N ~ c'frl - .111< - o ~ -I:ur=;9z - c :;00 9 > ~~~gGl -I ~ me;) 0 en G)~cn :u - -f fTIfT1 en Z3:C J: ~ 0 Ul 0 ~ ~ ::c - ~ - ITI ~ () ~ Ul 0 ~ c c: :u ~ tn f'l1 ~ :c J11 r c ~ () --- .' ... ~ :u JAN-05-2011 10:09 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, ~!2. W-'- ~ .4-lr~ -i-z, L a.~ ~ wwk W"- ~ ~6-~"- o--~r(f~. ~~. 3366629060 P.012 10 K t.~., y- k....-. ~~ ~! ~ ~ '-'<- ~ ~ -b....,JA... _ . I~~D-- ~. ~ a~~ w:::!7-' ~on~MPk-lv~ lUY~~. ~ . 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 JAN-05-2011 10:10 Howard Construction 3366629060 P.014 10 K . 'f 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. JAN-05-2011 10:10 Howard Construction 3366629060 P.015 lOK ;~ 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. JAN-05-2011 10:10 Howard Construction 3366629060 P.016 lOK I\.t 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 JAN-05-2011 10:10 Howard Construction 3366629060 P.017 lOK ~ 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 JAN-05-2011 10:10 Cost: Start Date: Finish Date: Work Summary: Location: Howard Construction 3366629060 P.018 lOK rt 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. JAN-05-2011 10:10 Howard Construction 1 0 K ' .~ "366629060 P.019 t 0 f5 ~ U (/JO-J zrn< O.Jt.;; ~ ...~< tJ C~O" ~ u.; U LIJ ~ ClI! > '" (I) " L;.l CI:: l:lI:: "" ... 0 < IJ,J Q (/.l uJ > - Gb:ZuJ ~ ~ L/J~Zl:lI:: ~ 2uJ :: CI:: LIJ " r.r.C::>rn ac ... Q .::: Vl I: o ~ Uj , Q "" '-i ,.... .- Il:: ~< 0 ~ ~ "'=a ~ t:)LtI<~ " - E:~ c"'ZU ~ ; .~ on r.r. Z ~ ~ !o'l " Z u.. 0 r.:J . h ~ :a . ~ :3 <C~::E r:: . ::' Xt.:.:u::E lI:I - ;:a a "'''''-8 t""I - - J!~ u.:<t.;; ~ G c - " ~~t:Jz ~ - ~ '-C << lI:I ~" ~o::E- '-Z: (;a;I ~ - ~ -~ 1-~8~ ~fI: r:: I " E c<-< \C. ~ 1: Z i.~ Z..cr.c - .... " - L:.,(/.l Z Z -. '" :!! E ~ ....~o~ Q .... Q 'l::I ....L/J~ .~ - te. .... " (/.l ... 0 '"I ;J ~ ~ .J.c:c.... \C. , -- u - '"I ii ~ ~~~8 ~ '- CIl r:: l'.~ 'E= ~~ (/.loL:.l - LtI I- N .: :II: =: :: ~ >Zcn;2 ~ 0 ~ ~ CI:::5 a 0 ~>. z ~ " Oz~= .. rr, ... - .... - I- ~ .... . . .5 " Ozcn::J c . = . E~ r:: N ~':~ . ~2cn< :a ..: ~ .. o - r:: u- ...~ ~:J"'O !: 1Il)- ~ ~ 0......0 ~ .. 'CI: -{l ~WQ< t.J\ %.~ I' < 0 on g=:l ~~ < .. - .... r:: LtIzZcn en%. !;r-;" ... t;; z ~ ffi l:.l< " ....- . -. .. ~ '-Cl CI:" :-:., . )- ~ u..o....~ <LlJ I -:.~ o"'L:.l~ _to- .~ . -~,Ao_ ~ . .S Cl::U", -~ a. ~ L/Ji=O Uc "'rn:;: ..z -r- I ""0 =<D 0 ~L/J.... CI:_ ~~o ~~ ~t'f) I il Oz z U fA 0 t1J~ "'0 ::1- 1Il~ ;0 ~ rnX 6'1 _w =C\J :;", rl JAN-05-2011 10:10 Howard Construction lOK ;. 'l" '~366629060 P.020 c . ::l il i 5 I) I. !~ JAN-05-2011 10:10 - - Q -- ..... e:= -- w Q 1ft ~ et ~ - - -- t::I JQ ~ :.. f*t - - :.... ~ ..... l:t ~ ~ ~ I Howard Construction .::::-........ '>~ '" '-::-- , .L !.:::. "::1 g ~ ... ID ... ~ i .. I.. ...5 -.. g::ic:ll ~ !! = !!.c t: if OJ j!A.ci :: ~ o ~ ~ ~ ..... -- )A ;.. Cj ..:::>> -- - - lei ~ ~ ., e1 ~ r::: ;.< Cj ~ ~ ~ I': ~ i: ~ CD I': E ~ I ~ .!! .!! .... .c .c ~-u ~ cC .- IJ- I': .. 0 ..c: ! III ~ a. 1ii ..! ~ '""- ~ ~ u :'I U I: I': ~ Q ~ ~ 000 -~ - ~ o z >- .: - :a ca c Ci - fn :J tI) .. o - CJ .5 CJ 'D U .. C .. u 0: i2 CJ z - z ~ a: I- - I: I '& ; o ~ - I. I: _c i~ 'i~ Ira A~ 2~ Ji; {e Ii 0= it J. '01 8a -~ =,9 h . .5..5 3366629060 P.021 lOK t'~ i ~I .sO. -!c I-a. .ac ",e- o.! f 3ic diE .! . I . J! 1~ -- - (I) ~ iii ml 1..~- .~if~ ~-a. .!c~c o o. a: -. .. M it! ~ 1ft 8 N ~ I N r! ! :I .., JAN-05-2011 10:10 Howard Construction 3366629060 P.022 lOK ~1 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) JAN-05-2011 10:10 Howard Construction 3366629060 P.023 lOK 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 JAN-05-2011 10:10 Howard Construction 3366629060 P.024 lOK 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; JAN-05-2011 10:10 Howard Construction 3366629060 P.025 lOK ~ '1 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. JAN-05-2011 10:10 Howard Construction 3366629060 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 10K JAN-05-2011 10:10 Howard Construction 3366629060 P.027 lOK f' 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 JAN-05-2011 10:10 Howard Construction 3366629060 P.028 10K 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 prOject Llstmg lOr ram t10wara LonslruC1l0n Lompany Home The T",dlllo" CIvlI CoftSlrucllo" PIoDto co....., Our ....p.. Praiecls 0vI1 Constf\lcllon Pfojecls - In ......" . 11_ .- ~ J."'" Ie Ii- .................. ..... 5lIO f1~J1ln"'-tlJ 1II -............ Me ...... ...... ~"'I ....... ..10 ......... --..nee DredQollQ - ... v.Ir. NY ~~ "',., I.. /c... 450 CIIlftIcIIre.-.. -- ~ __ Shan!l1Ile aNi _ tor lranng cen..- - 0...--. Me Oetaiptlon Add CDlC..... piles II> IIgNlng SyStlem "-'" III wdI_ CIvlI CaftStruCtlon PrajKts - Compllll_ . 1IIIe IleWlptlool ........ c:..II .... __ ..... ......... 480 ...... - 0neIl1aI. Me....~, Nt ~ tlnIoc:Md _ at n~'" ]eftYS""" Annor SIDnR c:-___ c.ou..ty Caul! H_ .10 _ F......... IIC 4lIO IndIM llMr ......... """.feet - I...... ...., DI ..0 SadI.... ~ '-- SIll_ - --..... IIC 43. .. "'.... ....... IIItlltIe "- .....Ir - --...IIC ..m c.. ,.,....~ - -...... Me .1. ........- - ..... Me ... ..,-.. ___ Mall DaMoIIIIon - "*"" IIC 31111 .......... - ...... IIC JlIII :lid......... Drtft -~IIC 371 0aldI0nI.... - ........ NC 3M --'. .....1IIdt .-.... - W11oloing1Dn. lie so ............... -- 2 3 _ Hl9II...... IIC ...... ....1IIIlI!I.....--cI It.- T..nk: :MIl .,.... - WlminglDn, Nt ]]lI uw,..... 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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". 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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... - ........... 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W_ MIIn _~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" I'UerUI RIco Aqueduct a. Sewer AuIIIorlly hth..../ln!:H II h nW::J rei C' on <:.tn Icti on_comlProiects.asox 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 - G..... SC >>-.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'. ..... ....... -M_. Fl '-"'2" ..... ....100. -~MS .Z. W_ u_ - VIIlIenI, OK .. .-u. -~sc ,.-w..... ...... -Ft.~fI. .-... WaMr, ........... s-.. 0I1ll8 - DIlle CaunIy. Pl ..-w WIItIIl' ....... - ...... Pl ... s... ...... -~5C r-w..... M8IM - TQIln. 5C ..... ....... ...... - Me"'lJllll, IN r-:JCl' ..... ...... - 0wIesIDIt. SC '.-lS. W...... s- - o.de Countv. fI. ...... "'--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 CIy '" T_1ilanoI _ T~IilanoI. Tll 24".]11"' ..... ...... _.......1MdI.1'L .r s.w. MaIM - RId1mlnI. VA ..-4:1. ..... iii..... _ upper MIIr1lo1O. MO r-42. ,....... _ .... CounlV. R. W-42. .....IJM _ lIIlIIIe-. PA ]II"' ...... ,... u.. _ItlIlIlQIIIn,VA 41. _ MIl.. _ AIIIdOoon. M ..-42."'" MaIn. _...... IIC JCI"-4:1. ............ _~VA 10...... SewM' ....... - UIIle AIlcJl, AR .r..... --...... - PIMh fI JI<<wsoan, I-' CitY 0I101atni EINdI CIty 01_111 CitY 01 UppIlr MlIlbarO Dade CIluntY CIy d llell1llhem Oly at !q""*,,, Cty at A5hcIawI'I City at bIe9> City 01 PelIInIlurlI Cty 0I1Jft11 Aadl PIInsII 01 Jc<<mon 24..71. ~. - o.,tDN. fL 24. _IJM - VIrV..... 1IeIdl. VA ....... s.w.. -. _ -.-. U. 24.' Ja. .... IInlNlIlI _ 0auQ1Wty CDuntY. GA ...._ u... _~.sc JO...... s.w.. ....... _ .....-. 1'10 :M"-W.... OBI..... _ ".,.,..... MIl ....... .... - RIdlmOnd. VA n.-H' .... ....... -0ltlIG fI ~ sc .'.72" ........,...- - IlI9' PlId. He. ....... ........ s-- ...... _ WInIIlIlI-5*m. NC ar... ..... .... ,... Mal.. _ A*ogh. IlC r-7r._.nd s.- Mal... - GnenIlJDnI. IIC ........... ... .... '" s-tn - c.o. E9rPt ........... 0nWnI. .... t_1Ialloa '" I'U....... ........ - IIICk __ JI/IIItaI Cty 01 o.vu- 0lV 01 -..... IIHCII CitY fA MlI/llW IlouQhertY QIunty Cty 01 ~k CIlY 01 8iIIllIlllltll 0lV 01 AnNpaIls CIy 01 Aidlmand 0ISIr1Ct fI C\JIu.... CIy 01 HIQIl Pont 0lV oI_SiIIePI CIy 01 AMoQh C1y0l ~- ElIrlK ...~ 01 SlJIllIIr kpUIlllc d JaIl\llQ Ptlndples of hut "_ani Campany .s HawlIrd M-.ement Group Clleftl TIde ....... conlnl -I't..... NC -.... ....... ~.~G .'~. --_.~..., - ."- ,..." ... -- PKIIIty _ HIgII Pl:ld. NC .......... SnoItto Ho_ - G/eenStIOIO, IlC .......... ..... DnI..... . s..er___ - V.... AFI. OIdahDma 0tY at foIlllraQg CIy oIlCa1U5 CIlY CIty.", HiGh Paint ~SmIlt1 HomeS unlll!d ~ AIr l'orlIe ,. ~--~-_..~ ....,..-~ 3366629060 P.035 r(1~t: I Ul U 10K ~~ 'i 12.400.011O SI.IIlIO.OlIO 11.000.000 $2.300.000 $1,9011,000 12.MII.0lI0 $1.100.000 $1.400.000 19OO.lIlO '1,200.000 11.110O.000 $3.100.000 1500.000 ,9llO.lIlO $600.000 11.100.000 1100.000 1700.000 1700.000 51.000.000 $10.110O,000 $3.100.011O $3.3lIO.ooo S2.500.000 512.100.110O 11.!IOO.OOO Sl4,<<llI,ooo c-.a~ ml.000 Sl19.ooo .l;I'J1;lIOO wo.ooo 52.435.000 9/7/2010 JAN-05-2011 10:11 Howard Construction Project Listing for Paul Howard Construction Company 3366629060 P.036 page lS or lS 10K ~t .......... ..... SlIn/IlIIy s... .... l.........tlI -~NC Sl........ . ..... TIwiIII......_'_.. -~NC s.w-III~ - /UbI"" GA cr __"In - laIlman Cuuntv. lIS .......... ..... Trallt....-_ -~NC ........ .... - G/eeIIIlIIlIQ, NC ........1_...._......... -~NC c--tI............ WtlI -Part_ NC CIty of GreensborO "'70.000 CIty of Grftnsbaro S458.000 CIty of AIbIny 11.237.000 Jol1nSllll Coody U.295,ooo Or, of GteemlIoro S938.ooo Qlyrl~ $2.073.000 0Iy of GIeen!tlonl $-496,000 CIty of Part IIoa9Il $170,000 _II.-. In DII. FouM.-. - I'ance, ........ RlCII lI.e........ ~- - 0..-. 0lC AepuIlIIc or PuertD llJCD 'S.137.ooo CIty of OwISSO $1,496,000 w. ...-1_4.._antll -MII1III.OIe oty rI MIa"" $3.019.000 Hom. I TIl. Tr.dllton I CMI Canllruct..... I Our People "D1KU I -.. Galltl,., I V,cIeo I Newl Libr.,., I ConQe! III 2010 P.... How.rd C..........."'" Com...n,. Inc_ I Solo by ~ I L....n L.._./I__....1J......u'llr__A,...........r+..,........+;.n.,... ,..."rr'\/1)..^~4:::u....:.- ~C'nv 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) FB. R.....-d Illd Bond E-Vertfv File File TItle SCl f/Tlf W.lM) ~ tJ?f C;I'IY'~ $ .%:J 'It GC-P-1 thru 15 1-".1 I_IL.I ~ IlJI_..1 lB. n. I \..oQ1 ProI\!""'C1l 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. Ol~..... Bid _ (downloaded) o 111I.. _n101dod and read tile abOve document. W1(down_) o I hi" downloaded Ind read the above document. _atlons (_loaded) 0111I" __ Ind read tile lbo.. document. 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 V111-1-a 7of33 lOK ~, SoIlcltatlon lItIel Wlttlllll .... MaIntenance Dredging (Pre-bld 12/15/10) SJ SoIIcIIatIon N......... 11-803 My CUrrera__ My- My ConImodlll.. lDOoul ----I-rV'IIl!III......--. - -186ISubm1tBldOllllIll "- _I_lll till'" _* ....nvtaw_...~ In..... CIty, OllIIorOlunlv _ Contlct: ~~~Mr ~...., Frldey, _ 03, 2010 10:00:00 AM..-.. SoUcIllItIon I!nds: ~, JInuIry OS, 2011 2:30:00 I'M I!uWn s..-- MIIIIod: a_ iC_mod!ty .-.1 CGntnclDr :ll~_~_. ~--- ..-"----.-'-.'-'-'.--'---.-.--.- -...... ..__._,.-.~--.......-... --. &ullcolnInlCNIlty (U~ (Uns~) ~'D.""_ I lid Bond ~E-VeI1fv GC.-'-llt1ru 15 ! IJlaII ..--... I Mise BId Doc:umenII .1Ia ~,,~+ '-^'._~ ............,. --, PI" 1ltIa ~OdTH W/Alb ".5 . i!.t~~V1..rt=P. ~/O ::1:1 ~ II:ilIiI iIiIiBlII li!If:IJkI - _.~~~ · Input 0 WlIIe cust of tile _IS Included. ) , ltem No. btImatad Quanllty 1 2 49990 '3 <4 5 5 --------".-...---.------.-.. ----..-..-.--.. '-'-'-'-._ _,. 6_. U1lIt of N-. _ptlon LS MabIIIulIan Il DemobIlization for Dndglng C( Dndglng Ind ~I tit SlInd no<lIl tit WIggIns .... LS Wlggtns ..... ~ Il Envtommonl1ll Monit<IrIng LS ~ Survwys E1d! Sand AnIIysII $473.00 ---- -',..-----................- UnIt Ptlea J_ T_ ! r-..$4~?~240...QO ~ 5.15' 257J448.~0 r- '15,053.00 r-. 32 893 SO r- ,. CiraI!oI.,:., 2.365.00 . ' ~~;59#WO;QO ,.~:1 D~ By .......lIIa Caller County 0nIIna lidding 5,..", you art atlltmI... tIIIt you a.. duly autIlortzed tD SIIbnlIt INs bid. Ihat INs * has not IlMn .......Nllln 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. r I 1IlI-- BId -l"-'Ioaded) r I ha... _nIaaded and _ lIIa a_ docvmelIt. l!IIaI (downIoedad) r I _ downloaded and _lha abcM docvmelIt. -(downIDaded) r I ha... dawnlaadad and _tile abcM document. ;i;~.jli~!1 OnlIne lidding Sy...m _1.0 ""MId by _1_ http://bid.colliergov.netlbidlsubmitasp?id=EAE29584-C56D-4C7D.9F2E_F7FFBBADO3... 12/1312010 Collier County Board of County Commissioners - Naples, Florida 100-- o~d~{ (tOrf-- (q;o~r 1/2011 LEASE EMS Date 01/01/2011 Deductions Gross amount Document Your document 5100606337 0.00 8,792.44 Sum total 0.00 8,792.44 Effective immediately please send all invoices to - Attn: Accounts Payable, 3299 Tamiami Trl E Ste 700, Naples, FL 34112-5749 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY NAPLES. FLORIDA (i) PAYABLE AT FIFTH THIRD BANK DATE CHECK NUMBER 12/29/2010 843599 63-9171 670 ... EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO USD and FORTY-FOUR Cents ... Chargeable to to Collier County Depository Authorized in Open Session PAY TO THE ORDER OF: ROBERT B TOBER INC 2240 SOUTHWINDS DR NAPLES FL 34102 '1uLw. ~ CHAIRMAN, BOARD OF COUNTY COMMISSIONERS . 8.'"R~ CLE C OURT EX-~rCIO CLERK BOARD OF UNTY COMMISSIONERS - ~. . VENDOR # 102573 \ I , (.~) I :) PAYABLE DATA ENTRY FORM COlliER COUNTY, FLORIDA VENDOR NAME: ADDRESS: CITY/STATE ROBERT B. TOBER, INC E.M.S DATE DUE AMOUNT: $ 8,792.44 INVOICE Jan-2011 EMS MEMO 1/1/2011 FUND 490 .... c. FRAMEWORK 47-256 C/C 144610 OBJ 631210 }. .' PROJ o 100.-cA AMOUNT ~. 8,792:.~. StOLP~;;) SZ1/{LJ TOTAL ~09€J ~"'II'~ Supervisor -tJA Operations Mgr i www.sunbiz.org - Department of State Home Contact Us E-Filing Services Document Searches Forms Help Events No Name History lEntity Name Search Submit I Previous on List Next on List Return To List Detail by Entity Name Florida Profit Corporation ROBERT BOYD TOBER, INC. Filing Information Document Number 630937 FEI/EIN Number 591920023 Date Filed 07/26/1979 State FL Status INACTIVE Last Event INVOLUNTARILY DISSOLVED Event Date Filed 11/01/1985 Event Effective Date NONE Principal Address 260 TAMIAMI TRAIL NORTH NAPLES FL 33940 Changed 04/21/1983 Mailing Address 260 TAMIAMI TRAIL NORTH NAPLES FL 33940 Changed 04/21/1983 Registered Agent Name & Address TOBER, ROBERT BOYD 2231 FORREST LANE NAPLES FL 33940 Address Changed: 06/05/1984 Officer/Director Detail Name & Address Title PO TOBER, ROBERT B. 696 FOUNTAINHEAD WAY NAPLES FL Title 0 TOBER, ANDREA STONE 696 FOUNTAINHEAD WAY NAPLES FL Title 0 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=630937&inq...l/25/20 11 www.sunbiz.org - Department of State Page 2 of2 ,: 100 -~ ASHLEY, DONALD W. 3201 TAM. TR. NO. NAPLES FL Annual Reports Report Year Filed Date 1982 03/26/1982 1983 04/21/1983 1984 06/05/1984 Document Images No images are available for this filing. Note: This is not official record. See documents if question or conflict. Events No Name History IEntity Name Search Submit I Previous on List Next on List Return To List I 1..lome I Contact us I Document Searches I E-Filinq Services I Forms I Hell) I Copyriqht i' and Privacv Policies State of Hor-ida, Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~doc_number=630937&inq...l /25/2011 10 o~ C;'R Crystal K. Kinzel From: Sent: To: Subject: Attach ments: Connie C. Murray Tuesday, January 25, 2011 8:36 AM Crystal K. Kinzel FW: Tober agreement DOC095.PDF; DOC028.PDF We had researched the issue with the contract name and W-9 information below. Let me know if you have any questions. Constance C. Murray General Operations Manager Collier County Clerk of the Circuit Court Finance Department 239-252-8481 From: Crystal K. Kinzel Sent: Tuesday, November 24, 2009 2:22 PM To: Dwight E. Brock Cc: Sue M. Barbiretti; Connie C. Murray Subject: FW: Tober agreement The contract is with Robert Boyd Tober, Inc. The W-9 submitted for tax purposes was Robert B. Tober, Inc. The checks are made payable to Robert B. Tober, Inc. according to the W-9 It appears Robert Boyd Tober, Inc was set up in 1979 and registered from 1982-1984 then involuntarily dissolved in 1985. I searched the Tax Collector business tax receipts and no indication of this business being registered in Collier appeared under any combination of names. When we discovered this in the case of Guerrero for housing, for example, we required that he go register and pay to resolve payment. We do not search every vendor but would expect that Purchasing validate the information when establishing the vendor, or county legal when they attest to legal sufficiency of the agreement.....we do not practically have the staff or resources to do this with each payment but certainly this is an example of issues with processing that we encounter. Please advise any action or changes we should make at this time? Do you want us to contact the county? Dr. Tober? Or withhold payments? Thanks. Crystal K. Kinzel Director of Finance and Accounting Clerk of the Circuit Court Collier County Government Center 2671 Airport Road S. Naples, Florida 34112 (239)530-6299 From: Connie C. Murray Sent: Tuesday, November 24, 2009 8:28 AM To: Crystal K. Kinzel Subject: FW: Tober agreement 1 I lOO-cR Below is to whom we are issuing the check as that is the legal name assigned to his federal tax id. We might be able to "spell" out his middle name without having an IRS issue with a potential name/tax id mismatch. Vendor TOBER INC From: Connie C. Murray Sent: Tuesday, November 17, 2009 3:05 PM To: Dwight E. Brock subject: Tober agreement 2 l6K3 "'ll nl/ln 1: !j; o:r:o Z > 3: n 3:)>' "'ll :I> C'l m 3:" 3: m ,......., m ,...... iil z m -< ......' m m -I ." n 0 l/lOJ;O III 0 .. 0 ~m() /1) > z r0- c: ::I 3: 0""0 .... .. 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