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CAC Agenda 01/13/2011 R CAC MEETING AGENDA JANUARY 13, 2011 MEETING AGENDA &. NOTICE MEETING AGENDA &. NOTICE COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, JANUARY 13, 2011 - 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COllIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES, · Sunshine Law on Agenda Questions PUBLIC NOTICE I. Call to Order II. Pledge of Allegiance III. Roll Call 1. Welcome New Committee Member - Randolph M. Moity IV. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. December 9, 2010 VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin 2. Project Cost Re.port - Gary McAlpin VIII. New Business 1. Wiggins Pass Maintenance Dredging - Contract 11-5633 a. Southwind Construction Corporation ProDosal b. Bid Tabulations 2. Naples Berm Restoration - Contract 11-5637 a. Proposal b. Bid Tabulations 3. Doctors Pass North Jettv Rehabilitation - Contract 11-5634 a. Kellv Brotheres, Inc. Proposal b. Bid Tabulations Page 1 4. Clam Bay Navigational Markers IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location February 10, 2011 - Government Center, Administration Bldg. F, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. Page 2 OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires, Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee Colleen M. Greene, Assistant County Attornee0 March 18,2010 FROM: DATE: RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary, the answer is no. The Sunshine Law Manual (2009 Ed. VoL 31) provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting;. if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February 1, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17,2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management Collier County Government Communication & Customer Relations 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Contact: 239-252-8848 www.collien?:ov.net www.twitter.com/CollierPI 0 www.facebook.com/CollierGov www.voutube.com/CollierGov Decem ber 28, 2010 FOR IMMEDIATE RELEASE NOTICE OF PUBLIC MEETING COLLIER COUNTY COASTAL ADVISORY COMMITTEE COLLIER COUNTY, FLORIDA THURSDAY, JANUARY 13,2011 1:00 P.M. Notice is hereby given that the Collier County Coastal Advisory Committee will meet Thursday, January 13th, at 1:00 p.m. in the Board of County Commissioners chambers, third floor, Collier County Government Center, 3299 Tamiami Trail East, Naples. * The following websites will provide information on this subcommittee: "ttp://www.col!ierf!ov.net/lndex.a!iifJx?paf!e= 18 http://www.collicf1!Ov.net/lndex.aspx '?paee= 1 Ui3 Two or more members of the Pelican Bay Services Division Board may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Pelican Bay Services Division Board meeting. Two or more members of the Tourist Development Council may be present and may participate at the meeting. The subject matter of this meeting may be a future item for discussion and action at a Tourist Development Council meeting. In regard to the public meeting: All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board/committee prior to the meeting if applicable. All registered public speakers will be limited to three minutes unless permission for additional time is granted by the chairman. Collier County Ordinance No. 2004-05 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners, an advisory board or quasi-judicial board), register with the Clerk to the Board at the Board Minutes and Records Department. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. For more information, call Gail Hambright at (239) 252-2966. -End- CAC January 13, 2011 VI-1 Approval of Minutes 1 of 6 December 9,2010 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, December 9,2010 LET IT BE REMEMBERED, that the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business Herein, met on this date at 1 :00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Anthony Pires (Excused) Jim Burke Murray Hendel Robert Raymond (Excused) Joseph A. Moreland Victor Rios Wayne Waldack (Vacancy) ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples CAC January 13, 2011 VI-1 Approval of Minutes 2 of 6 December 9,2010 I. Call to Order Chairman Sorey called the meeting to order at 1:01PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. Randy Moity, Coastal Advisory Committee (CAC) candidate from Marco Island was in the audience. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 5-0. V. Public Comments Steve Feldhaus, Secretary, Pelican Bay Foundation provided an update on the Management of the Clam Bay Estuary System noting the Foundation and the County have been working closely together to address the issues involved with the Management of the Estuary including dredging of the Pass and overall management of the system. At the next CAC meeting, the Committee will be revisiting a proposal for the navigational markers of Clam Bay. The Foundation supports the marking of the bay for navigation, and supports the boating rights of the Seagate Community, however is not in favor ofthe red and green navigational markers. VI. Approval of CAC Minutes 1. October 14,2010 Mr. Moreland moved to approve the minutes o/the October 14,2010 meeting. Second by Mr. Rios. Carried unanimously 5-0. VII. Staff Reports 1. Expanded Revenue Report - Gary McAlpin The Committee reviewed the "Tourist Tax Revenue Report - FY 2010 - 2011" updated through November 2010. He noted Tourist Tax collections for the first 2 months of the Fiscal Year are over budget projections in the amount of$82, 177. 2. Project Cost Report - Gary McAlpin The Committee reviewed the "FY 2010/2011 TDC Category "A: Beach Maintenance Projects" updated through December 1,2010. Mr. Waldack arrived at 1: 14pm VIII. New Business 1. Wiggins Pass Bid Package - Review and Discussion 2 CAC January 13, 2011 VI-1 Approval of Minutes 30f6 December 9,2010 Gary McAlpin presented the Executive Summary "Share Wiggins Pass Dredging Bid Package and discuss issues and status with the CAe" dated December 9, 2010 for informational purposes. He noted: . This will be the 14th time the Pass has been dredged and is currently on an 18 month schedule for dredging. . The County is developing a long term solution for the stabilization of the Pass which is intended to lengthen the dredge cycle to approximately 4 years. . The proposed dredging "interim dredging" is necessary before a long term plan for stabilizing the Pass is implemented. . The permit for the "interim dredging" is expected to be issued by the Florida Department of Environmental Protection this month. . The scope of work is out for bid and due on January 6, 2011. . The contract will require approval by the Board of County Commissioners. . It is anticipated the work will begin in February 2011 and be completed by April 1,2011. . A portion of the waters involved in the activity are "Outstanding Florida Waters" which require maximum Nephelometric Turbidity Units (NTU's) during the dredging activity. . The County has reached an agreement with the FDEP on the allowed NTU's. Mr. Moreland (Chairman of the CAC Subcommittee charged with developing a long term solution to stabilizing the Pass) has been confronted by members of the boating community who are concerned with the impeded navigation of the Pass and frustrated with the length of time it is taking to complete the "interim" dredge." Speaker Doug Fee, Resident and boater verified the Pass needs dredging but expressed concern that a "Letter of Consistency" issued on August 30, 2010 by County Staff which indicates the proposed dredging is in conformance with the Land Development Code and the Growth Management Plan. He expressed concern that the "Letter of Consistency" was issued without public or Stakeholder input and questioned how the public could provide input or challenge the "letter" if they so wanted? County Staff (Bill Lorenz) informed him the long term solution to stabilization of the Pass will require public and Stakeholder input at the time of the proposaL He cited sections of the LDC and GMP which requires reviews of development within the Conservation District (which the lands in question lie within). He encouraged CAC members read the Land Management Plans for Barefoot Beach and Delnor Wiggins State Park and is concerned the "letter" did not address all County Policies in effect. 3 CAC January 13, 2011 VI-1 Approval of Minutes 4of6 December 9,2010 He recommended the Coastal Advisory Committee require input from the Environmental Advisory Council and Collier County Planning Commission on any proposed plans to stabilize the Pass. Chairman Sorey noted any interested party could address the Board of County Commissioners when the "interim dredging" bid package is on their Agenda. Gary McAlpin noted Letters of Consistency are primarily issued by Staff and all information requested was provided to Mr. Lorenz for his analysis. The issue may be addressed by the BCC, if necessary. Speaker Nicole Ryan, Conservancy of Southwest Florida noted the Conservancy is aware of the conditions proposed for the permit. They are conditions "they can live with" and requests the County not pursue further variances in the NTU requirements. She recommended the benefits of the Wiggins Pass environment be assessed in monetary means and will attempt to identify a party for anyone who is interested in this type of information. Gary McAlpin noted the County agrees not to request any further variances in the NTU requirements. The proposal for a long term solution to stabilization of the Pass will require review by all necessary County Advisory Boards (i.e. Environmental Advisory Council and Collier County Planning Commission.) 2. Naples Berm Bid Package - Review and Discussion Gary McAlpin presented the Executive Summary "Share the Naples Berm Bid Package and discuss issues and status with the CAC" dated December 9, 2010 for informational purposes. He noted: . The scope of work is to re-nourish hot spots in the area south of Doctors Pass and Seagate. . Last summer, the BCC authorized $1.5M to temporarily stabilize these areas. . Approximately 24,000 cubic yards of material will be placed in the Doctors Pass Area to stabilize the area until a major renourishment is completed. . Staff continues to analyze the Seagate location to determine if interim renourishment is required. . Staff is working with the Chateau development to gain permission to renourish the area controlled by them. . If the Chateau lands are not incorporated into the scope of work, there will be a grade break in the berm line which could cause a weakness to the berm if it becomes "breached." . The work is anticipated to begin in early February 2011 and be completed by May ih. 4 CAC January 13, 2011 VI-1 Approval of Minutes 5 of 6 December 9,2010 3. Doctors Pass Bid Package - Review and Discussion Gary McAlpin presented the Executive Summary "Share the Doctors Pass Jetty Rebuild Bid Package and discuss issues and status with the CAe" dated December 9,2010 for informational purposes. He noted: . The scope of work is to repair the existing Jetty at Doctors Pass. . Staff continues to attempt to gain permission to access the area on the north side of the Jetty to complete the work. This may require cooperation with the City of Naples. . Approximately 4,000 tons of stone will be placed to repair the Jetty. Chairman Sorey requested Dr. Michael Bauer contact the Naples City Manager to determine a City of Naples "project contact" for the proposed scope of work. 4. Proposed Easement Document for Beach Renourishment Gary McAlpin presented the Executive Summary "Recommendation to approve Easement Agreement between the Beachfront property Owners and Collier County to provide public beach access, major beach renourishment, vegetation planting and dune restoration to the property easement" dated December 9, 2010 for approvaL He noted: . The easement is to grant permission to the County, or their representatives, to access private properties to complete any work required in renourishing County beaches. . The proposal would require the landowner to grant an easement into perpetuity for public use of the area in exchange for the expenditure of public funds to stabilize their property. Chairman Sorey reported property owners have indicated to him they are concerned over a perpetual easement. Their position is, if the renourishment ceases to exist, the easement should expire as welL Colleen Greene, Assistant County Attorney noted the directive given to Staff by the Board of County Commissioners (BCC) was to prepare "perpetual easements" for public access. The BCC could consider allowing the easement to expire if funding is no longer approved by the appropriate parties (State of Florida, BCC, etc.) Gary McAlpin noted Staff will also meet with the City of Naples and the City of Marco Island regarding the issue. Chairman Sorey recommended a decision on the proposed document be postponed until it has been properly vetted with property owners and the City of Naples and Marco Island. Colleen Greene recommended the Committee approve the "concept" so Staff may move forward and review the issues raised. 5 CAC January 13, 2011 VI-1 Approval of Minutes 6of6 December 9,2010 Mr. Hendel moved to approve the document "in concept" subject to additional input/rom Stakeholders. Second by Mr. Burke. Motion carried 4 'yes" - 2 "no." Chairman Sorey and Mr. Waldack voted "no. " IX. Old Business None X. Announcements 1. CAC Schedule for 2011 Gary McAlpin presented a memo from Gail Hambright, Tourist Tax Coordinator to CAC - Subject "2011 CAC Scheduled Meetings" for informational purposes. XI. Committee Member Discussion Mr. Waldack requested an update on the Hideaway Beach renourishment project. Gary McAlpin reported the project is mostly complete and the contractor is in the process of demobilizing. Mr. Rios requested an update on the status of a possible interim renourishment for South Beach for Marco Island. Gary McAlpin noted a Study is underway and Staff has not formerly addressed the issue at this point. XII. Next Meeting Date/Location January 13,2011 - Government Center, Administration Bldg. F, 3rd Floor There being no further business for the good of the County, the meeting was adjourned by order ofthe chair at 2:15 P.M. 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"': .... .... o ~ C!. .... fit fit 00 <II ..: en 00 o :s ~ o o g o ci ~ fit o o ci o o ci lO N g o ~ g ~ .... fit fit ~ III o 0> III 0> Ul -' ~ g CAC January 13, 2011 VIlI-1 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to approve award of Contract 11.5633 for Wiggins Pass Maintenance Dredging to Southwind Construction Corp. as outlined in their attached proposal submitted on 1/5/2011 for a unit price not to exceed contract total of $750,000 and authorize the Chairman to execute the contract after County Attorney approval. OBJECTIVE: Recommend awarding Bid 11-5633 to Southwind Construction Corporation for a unit price not to exceed contract total of $750,000, CONSIDERATIONS: This scope of work is for Wiggins Pass Maintenance Dredging, This will include the contractor mobilization and demobilization; dredging and sand discharge of approximately 50,000 cubic yards of sand; turbidity and environmental monitoring; construction surveys and sand analysis. The negotiated bid is broken down as follows: Bid Item 1 - Mobilization and demobilization Bid Item 2 - Dredging and sand discharge Bid Item 3 - Turbidity and environmental monitoring Bid Item 4 - Construction surveys Bid Item 5 - Sand analysis $ 442,240,00 $ 257,448.50 $ 15,053,00 $ 32,893,50 $ 2,365.00 TOTAL Price NTE .."..,.",.."..,..',..'"..".."",.."...,..""..",...,.."..",.. ,.... $ 750,000.00 The bid was publicly advertised on December 3, 2010, Email notices were sent to 1212 firms with 93 vendors requesting full packages. On December 15, 2010 the Pre-Bid conference was held 8 vendors were present. The bid opening was held on January 5, 2011 where 6 vendors responded and their bid packets were opened, The budget established for this work is $750,000, The bids were reviewed and ranked as follows: Paul Howard Construction Company, Inc - $655,960,00 Southwind Construction Corporation - $836,092.10 Orion Dredging Services - $999,665.66 Jahna Dredging, Inc - $1,284,854,00 Florida Dredge and Dock, LLC - Non-Responsive Associated Marine Contractors, LLC - Non-Responsive Subsequent evaluation concluded that Paul Howard Construction Company did not meet the 14 inch dredge specifications and lacked the experience of "dredging in exposed areas similar to an ebb shoal channel" as identified in the technical specifications. The Southwind Construction Corporation original bid was higher that the project budget. Following purchasing policy, this allowed staff to negotiate a price reduction to $750,000, The official purchasing bid tabulation is attached, CAC January 13, 2011 VIII-1 New Business 2of2 FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action, - CMG RECOMMENDATION: Approve award of bid 11-5633 for Wiggins Pass Maintenance Dredging to Southwind Construction Corporation as outlined in the attached proposal submitted on 1/5/2011 for a unit price not to exceed a contract total of $750,000 and authorize the Chairman to execute the contract after County Attorney approval. PREPARED BY: Gary McAlpin and Gail Hambright, CZM CAC January 13, 2011 VIll-1-a 1 of 33 March 4, 2010 Determinina The Size Of The Hvdraulic Dredae Needed For A Dredaina Project. By Don Searles Dredging Specialists 1. Determine the volume of material to be dredged in cubic yards or cubic meters. 1.1. English System: To get cubic yards. Take the length in feet x the width in feet of the area to be dredged x the depth in feet of the material to be dredged, divided by 27 to get cubic yards. If you know the number of acres to be dredged, take acres x 1613 x depth of material in feet to be dredged to get cubic yards. 1.2. Metric System: To get cubic meters. Take length in meters x width in meters of the area to be dredged x depth in meters of the material to be dredged. If you know the hectares of the area to be dredged, take the number of hectares to be dredged x the depth in meters, of the material to be dredged x 10,000 to get cubic meters. 2. Determine the time allowed to complete the project. Days, weeks and months. 3. Determine the hours that you will work. Per day, per week. Will you run 1 shift, 2 shifts or 3 shifts? Could be 3 shifts 24/7. 4. Determine the type of material to be dredged. Fine sand, medium sand, large sand, small gravel, large gravel, silt which is mud, clay, cobbles 3 to 10 inches[76 to 254mm), boulders + 10 inches [254mm). When dredging a lake, the material will most likely be mud. 5. Determine if you will be dredging sediments or undisturbed material. Undisturbed material is much more difficult to dredge. Stay away from dredging undisturbed material unless there is a valid reason like the depth needed for large ship passage. 6. Determine the horizontal pumping distance. Maximum and minimum. 7. Determine the vertical pumping distance called static head. This is the vertical distance from the water surface to the discharge point. 8. Determine the altitude above sea level where the project is located. 9. Determine the maximum digging depth. This is the distance from the water surface to the lowest point of dredging. Only after the above 9 items have been determined is it possible to determine the size of the dredge, the inside diameter of the pipeline and the horsepower of the engines needed to do the job. Dredge Sizes: The size of a hydraulic dredge is determined by the inside diameter of the discharge flange on the dredge pump. 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 CAC January 13, 2011 VIII-1-a 2 of 33 From: Steve Keehn [mailto:Skeehn@coastalplanning,net) Sent: Monday, January 10, 2011 3:39 PM To: McAlpinGary Cc: HambrightGail Subject: FW: Wiggins Pass Maintenance Dredging, Bid No. 11-5633 Gary 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, 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 they do not meet the requirement of paragraph 1.4 on page TS-3 of the technical speciation. I received no response on my inquires with the New York District on Paul Howards performance on the Moriches Inlet ICW section. 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, 8teplr.en. 9(,eIu&, P E Senior Coastal Engineer Coastal Planning & Engineering. Inc Office: 561-391-8102, Fax 9116 Mobile 561-441-5499 Don Searles' web site: http://www.dredgingspecialists.com/DetermineSizeOfDredge.htm March 4, 2010 Oeterminina The Size Of The Hvdraulic Oredae Needed For A Oredaina Proiect. By Don Searles Dredging Specialists CAC January 13. 2011 VIll-1-a 3 of 33 1. Determine the volume of material to be dredged in cubic yards or cubic meters. 1.1. English System: To get cubic yards. Take the length in feet x the width in feet of the area to be dredged x the depth in feet of the material to be dredged, divided by 27 to get cubic yards. If you know the number of acres to be dredged, take acres x 1613 x depth of material in feet to be dredged to get cubic yards. 1.2. Metric System: To get cubic meters. Take length in meters x width in meters of the area to be dredged x depth in meters of the material to be dredged. If you know the hectares of the area to be dredged, take the number of hectares to be dredged x the depth in meters, of the material to be dredged x 10,000 to get cubic meters. 2. Determine the time allowed to complete the project. Days, weeks and months. 3. Determine the hours that you will work. Per day, per week. Will you run 1 shift, 2 shifts or 3 shifts? Could be 3 shifts 24/7. 4. Determine the type of material to be dredged. Fine sand, medium sand, large sand, small gravel, large gravel, silt which is mud, clay, cobbles 3 to 10 inches[76 to 254mm], boulders +10 inches [254mm]. When dredging a lake, the material will most likely be mud. 5. Determine if you will be dredging sediments or undisturbed material. Undisturbed material is much more difficult to dredge. Stay away from dredging undisturbed material unless there is a valid reason like the depth needed for large ship passage. 6. Determine the horizontal pumping distance. Maximum and minimum. 7. Determine the vertical pumping distance called static head. This is the vertical distance from the water surface to the discharge point. 8. Determine the altitude above sea level where the project is located. 9. Determine the maximum digging depth. This is the distance from the water surface to the lowest point of dredging. Only after the above 9 items have been determined is it possible to determine the size of the dredge, the inside diameter of the pipeline and the horsepower of the engines needed to do the job. Dredae Sizes: The size of a hydraulic dredge is determined by the inside diameter of the discharge flange on the dredge pump. 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. CAC January 13, 2011 VIlI-1-a 4 of 33 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. Using booster pumps, pumping distances of 20 miles [57 km] have been attained. When items 1 through 9 are known, Dredging Specialists can design the dredging system and recommend the dredge needed, determine if booster pumps are needed, the size of pipe and many other factors that are needed to complete a dredging project. The following chart will provide a ball park estimate of dredge production. 1-Dredge 2-Production in Cubic Units 3-Production Per Working Size Per Pumping Hour Hour 70% Of Pumping When Pumping Mud Hour Production Shown in Column 2. 8 inch [203 mm] 113 cu vd [86 cm] 79 cu vd 60 cm] 10 inch 254 mm 160 cu vd 122 cm 112 cu vd [84 cm] 12 inch 305 mm 250 cu vd 191 cm 175 cu vd 134 cm 14 inch 356 mm 350 cu vd 268 cm 245 cu vd 188 cm 16 inch 406 m m 440 cu vd 336 cm 308 cu vd 235 cm 18 inch 457 mm 540 cu vd 382 cm 378 cu vd 267 cm 20 inch 508 mm 712 cu vd 544 cm 498 cu vd 381 cm 24 inch 610 mm 1.000 cu vd [765 cm] 700 cu vd [536 cm 8 and 10 inch [203 to 254 mm] dredges can typically be hauled on one truck. Larger dredges must be disassembled and hauled on several trucks. For 8-10 and 12 inch [203- 254-305 mm] dredges a large crane is needed to launch them. Larger dredges are typically assemble d at the dredge site on shipways made of timbers, and pushed into the water with bulldozers. Most dredges, 20 inch [508 mm] and larger, are not portable and must be floated to the job. CAC January 13, 2011 VIII-1-a 5 of 33 Under Florida Law. $--rnad acidresses are publiC records. If you do not want your e...maH address released If) response to a putdic records !'equest do not !c\end electrOniC Inail to this entity. Instead, contact this office by telephone Ol' Wi wntmo CAC January 13. 2011 VIII-1-a 6 of 33 ~ ': ; ,n; ! ,.... SOUTHWIND CONSTRUCTION T ethnology & Experience Working Together January 7, 2011 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 revised bid prieing for the Wiggins Pass dredging project. We have reduced our price due to the permit changes discussed on 1/7/2011 between Gary McAlpin, Steve Keuhn, and me. Please contact me at your convenience to discuss further, Sincerely, ~&v~ Stephen Bassett President Southwind Construction Corporation 14649 Highway 41 North, Suite 100 Ev~lle,TIN 47725-9357 Phone # 800-880-7120 Fax # 812-867-4477 wWw.southwindco.com An Equal Opportunity Emplover CAC January 13, 2011 VIII-1-a 7 of 33 E:xplreo Solicitation 11tle: Wiggin. Pan MlIlntenance Dredging (Pre-bld 12/15/10) SJ Sollcltittlon Number: 11-5633 SoIldtaHon -, __. T-.. _ CandItIano I JaA I Subm~ Bid Onlin. My Current Solldtatlons My Profile My Commodities lOQout _oavll_ to fill In your bIcI _ ......_ OW c111C1......... In detaI.. City; Collier County Purdutana Contact: ScotI:Johnsan8eoD1ertIov net Solicitation Sl3rts: Fridav, December 03, 2010 10:00:00 AM eastern SoIIc1t1tJon ends: Wed....day, lanua'Y 05, 2011 2:30:00 PM eastern Submission Method: Ele.ctronk: , Commodity General Contractor Dredging ,~rvjCl! Subcommodlty (UnsPtdf\ed) (Unspecllied) : FUe Requested ! BId Bond : f'Verify GC-P-I thru 15 File File ntle ,'," ,j..: I , iIi'lil ;>-~-tJ ,Local Preference : Mise Bid Doc\lmen15 ..' I L _ _ _ -. '"':0 : _.:1 · Input 0 If the cost ot the Il1Im IS Included, Item No. Estimated Quantity Unit ot Measure Description Mobilization & Demobilization tor Dredging Dredging and DISposal 01 Sand nort1l ot Wlgglns Pass Wiggin. Pa.. Turbidity 1Io Envlommental Monitoring Unit Price Item Total LS 4 LS lS each Construction SUrverys ~'$442,240.60 {'5."'i5. 257,448.50 ~. 15,053.00 ~. 32,893.50 ~. GrandTutcl 2,365 . 00 '---"T750, 000; 00 49990 cv ') Sand Analysis $473.00 ,<::.JQitMe DIKIaI_ By using the Collier County Online Bidding S_, you are amrmlng that you are duly autllorized to submit tillS bid, that tillS bid h<ls not been prepared In CDlluslon with anv otller bidder, and that the contents of this bid h<lve not been CDmmunlceted to any other bidder prior to tile orn.;.l due date and tlme, FUr1llel'lYlCn, you are acltnowledlllng tIlat you h<lve ....d, und8lStood, and aCDlPt the terms and conditions ot this solicitation and that vour bid '-15 or .Xceeds the minimum spodt\cetions contained In this Invttetion to bid, r I agree, Bid l>clctJmMt (downloaded) r I flav. downlooded and read the above document, fliIol (downloaded) r I h<lve downloaded and read the above document, Soodtlcallons (downloaded) r I flave downloaded and read the abov. document. "~1IIll'1!~1 OnUIlf fMdiog System Version 1.0 t;rfo!teCl by 'VISIon lJ'tte~t http://bid.colliergov .net/bidlsubmit.asp?id=EAE29584-C56D-4C7D-9F2E-F7FFBBAD03... 12/13/2010 CAC January 13, 2011 VIII-1-a 8 of 33 ') CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Wiggins Pass Maintenance Dredging BID NO. 11.5633 Full Name of Bidder Southwi nd Construct; on r.-nrp Main Business Address 14649 Hwy 41 North. Ste 100. Evansville. IN 47725 Place of Business Evansvi 11 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 Collier County Online Bidding System - Submit Bid Online CAC Janua~i1 of 1 VIII-1-a 9 of 33 Submit Bid Online .1fi~.LLfI UlflU.. Active EXpired "'!.W'lll:L~nl[ [IIU(~ SOlicitation Title: Wiggins Pass Maintenance Dredging (Pre-bid 12/15/10) SJ SOlicitation Number: 11-5633 Solldtatlon Summ8rv I 5Dedftcatlons. Terms. and Condlt.ons I au I Submit Bid Online My Current Sohcitations My profile My Commodities logout PI... KrOll down to fill In you.. bid and review our dtsclaimers i" detail. City: Collier Countv Purchasina Contact: Scottlohnc;;on@rollieroov.net Solicitation Starts: Friday, December 03, 2010 10:00:00 AM Eastern Solicitation Ends; Wednesday. January 05, 2011 2:30:00 PM Eastern Submission Method: Electronic Commodity General Contractor Dredging Service Subcommodtty (Unspedried) (Unspecified) File Requested Sid 50nd File File Title Local Preference 1-,..1 I_,J Is_.., 1 lariiWli.:,l LBrowH..1 E.Verify GC-P-l thnJ 15 Mist Bid Documents . Input 0 if lhe cost of the item is included, Item No. Estimated Quantity Unit of Measure Description Mobilization & Demobilllation for Dredging Unit Price Item Total 4 LS Construction 5urverys 6.29 . 15.288.00 . 33.~.00 . $520.555.00 264.4U.10 15.288.00 33.402.00 1t8b.00' 2.400.00 Grand Total$836.092.10 49990 LS CY Dredging and Disposal of Sand north at Wiggins Pass LS Wiggins Pass Turbidity & fnvlornmental Monitoring EaCh sand AnalYSiS Calculate Disclaimer By USing the Collier County Online Bidding System, you are affirming that you are du~ authorized to submit this bid, that this bid has not been pre~red in collusion with any ottler bidder, and th~t the contents of this bid have not been communicated to any other bidder prior to the official due date and time. Furthermore. you are ack.nowledging that you have read. undemood. and accept the terms and conditions of thiS solldtation and that your bkj meets or exceeds the minimum speclflcatlons contaIned in this invitation to bid, [II ogree, Bid Document (downloaded) o I have downloaded and re~ the above dcx;umenl. ~ (downloaded) [J 1 have downloaded and read the above document. Soec.lfications (downloaded) [J I hive downloaded and read the above document. I Confirm Sid II Cancel I Onl;ne Bidding Sy~tem VeCSlon 1.0 created by VISion lnt~rnl"t http://bid.colliergov .net/bidlsubmit.asp?id=EAE29584-C56D-4C7D-9F2E- F7FFBBAD03... 12/28/2010 BID SCHEDULE Wiggins Pass Maintenance Dredging Bid No. 11-5633 Please input your prices at www.collieraov.netlbid ) ) GC-P-2 CAC January 13, 2011 VIII-1-a 10 of 33 CAC January 13, 2011 VIII-1-a 11 of 33 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. ) " , " . '1' . f., "., . . , , , , , ., , ~. ,'. ' -,. , ' GC-P-3 CAC January 13, 2011 VIII-1-a 12 of 33 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 atter the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly atter 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 CAC January 13. 2011 VIII-1-a 13 of 33 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. Ft Mvers Beach Maintenance Dredaina Florida Corps of Enaineers - Jacksonville Dist. 2. Beau Corbett Longboat Key & Treasure Island Pinellas County, Florida Corps of Engineers - Jacksonville Dist. 3. Dolly Colwell Bear Inlet, North Carolina Corps of Engineers - Wilmington, NC 4. Danny Kissam Hoskins Creek, Virginia Corp of Engineers - Norfolk Dist. 5. Tracey HUljlhes Levee Restoration - Houma, LA Corp of Engineers - St Louis Dist. Terrebonne Parish, LA Archie Ringenberg 6. Maintenance Dredging, Baltimore, MD Corps of Engineers - Baltimore, MD Li nda Evans Dated 1/4/11 Southwind Construction Corp Bidder BY: Do"" S.".ct cfJ4.M ) GC-P-5 CAC January 13, 2011 VIII-1-a 14 of 33 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 (Descriotion) (IF .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/l./11 SouthRind Construction Corp rCJfM BY: GC-P-6 CAC January 13, 2011 VIII-1-a 15 of 33 '\ ~~ M,.iWl4lJl s.w:.. 0MIi0n Plrd1IIing Affidavit for Claiming Status as a Local Business BID #:11-5633 (CHECK ApPROPRIATE BOXES BELOW) State of Florida (Select County If Vendor is described as a Local Business o Collier County o Lee County Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business' is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and reSidency of employees and principals of the business within Collier or Lee County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business' under this section. Vendor must complete the following information: ') Year Business Established in DCollier County or 0 Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in 0 Collier County or 0 Lee (Including Owner(s) or Corporate Officers): If requested by the County, vendor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable. Vendor Name: Date: Collier or Lee County Address: Signature: Title: STATE OF FLORIDA o COLLIER COUNTY o LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this ,20_. Day of Notary Public My Commission Expires: (AFFIX OFFICIAL SEAL) GC-P-7 CAC January 13, 2011 VIII-1-a 16 of 33 *~ /Id......A. SINaI 0MIian ~ Immigration Law Affidavit Certification Solicitation tI 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 vendors/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-Verlfy Memorandum of Understanding for the company. Failure to Include this Affidavit and acceDtable evidence of enrollment In the E-Verlfv Droaram. shall deem the Vendor I Bidder's Drooosal as non-resoonslve. Documentation of these reaulrements will not be acceDted after the bid I DroDosal deadline date. Collier County will not Intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 ate) Section 274A(e) of the Immigration and Nationality Act ("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment In The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security In partnership with the Social Security Administration at the time of submission of the Vendor's I Bidders proposal. Company Name Southwind Construction Corp Signature Dona 1 d Sei bert rO~/ Ldv Title CEO Print Name Date 1/../11 State of I ndi ana County of Vanderburcm The foregoing instrument was signed and aCknowledged before me this ..th day of January 20...!!..,by Dona 1 d Sei bert who has produced Drivers License 8921269721 as Identification. (Type of Identification and Number) (Print or Type Name) ~.,>-~ ~aA"'~a'd= Notary Public Sig&re Beverly Hensley Printed Name of Notary Public 567827 / 8/12/2015 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. GC-P-8 CAC January 13, 2011 VIII-1-a 17 of 33 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. Resoectfullv Submitted: State of I ndi ana 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) Corooration The Bidder is a corporation Indiana which Southwind Construction Corp as follows: organized and existing under the laws of the State of operates under the legal name of , and the full names of its officers are GC-P-9 CEO President Dona 1 d Sei bert CAC January 13. 2011 VIII-1-a 18 of 33 Stephen Bassett Secretary Thomas Barnes Treasurer Thomas Barnes Manager The CEO contracts for the company Darrell Stewart is authorized to sign construction bids and by action of its Board of Directors taken la ~ (b) Co-Partnershio The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is operating under a trade name, said trade name is , and if DATED January If. 2011 SouthRind Construction Corp legal entity ~~~ Witness /~'J- &L.. Wlfn'ess ' BY: Donald Seibert CEO Title GC-P-10 CAC January 13, 2011 VIII-1-a 19 of 33 STATE OF Indiana ) COUNTY OF Vanm.rhllrgh The foregoing instrument was acknowledged before me this ...1tb... day of )ann,,'7Y , 20190 2011 by Ilnn..l rt ....u_... as CEO of SouH_ind r",nc+rnrHnn rQrop ,a Indiana corporation, on behalf of the corporation. He/ikJM is personally known to me or has produced as identification and did (did not) take an oath. NAME: "-'0~ ~.~~Q' Y (Signature of ry) Beverly Hensley (Legibly Printed) My Commission Expires: August 12. 2015 (AFFIX OFFICIAL SEAL) Notary Public, State of IN Commission No.: 567827 ) ) GC-P-11 CAC January 13, 2011 VIII-1-a 20 of 33 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 firmly bound unto the Collier County (hereinafter called the Owner), in the are held and full and just sum of d II ($5% of the base bid PlUS) five percent of the hSl!le hi ei p111" SIll Sleiei "ltprnJ'lt"p<l 0 ars ,,11 aein ,,1 tprn"tp<l 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 certificates of insurancei if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5~d~f aI~~r~~~~s bid PrMtet/ 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 CAC January 13, 2011 VIll-1-a 21 of 33 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 Govemment 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 oDenine date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET c~~ GC-P-14 T -- Related License Information CAC JanuarPugeol1of I VIII-1-a 22 of 33 - Licensee Name: Rank: Primary Status: Secondary Status: BASSETT, STEPHEN L Certified General Contractor Current Active License Number: License Expiration Date: Original License Date: 1505210 08/31/2012 02/06/2003 Related License Information License Number Status Related Party 24228 Current SOUTHWIND CONSTRUCTION CORP Primary Qualifying Agent for Business . Relation Relationship Effective Rank Expiration Type Date Date 02/06/2003 Construction 08/31/2011 Business Information https://www.myfloridalicense.com/relationList.asp?record_ cnt= 1&LicId=932196&Lnam... 12/16/2010 EmployerWizard E-Yerify. Employment Eligibility Verification Home My Cases New Case View Cases My Profile Edit Profile Change Password Change Security Questions My Company Edit Company Prolile Add New User View EXIsting Users Close Company Account My Reports View Reports My Resource. View Essential Resources Take Tutorial View User Manual Contact u. Wek..... Beverly Hensley Company Information Company Name: southwind Construction Corp Company 10 Number: Doing Business As (DBA) Name: DUNS Number: 165725 Physical Location: Address 1: Address 2: City: State: Zip Code: County: 14649 Hwy 41 North, ste 100 Evansville IN 47725 VANDER BURGH Addltlonallnfonnatlon: Employer Identification Number: 351474620 Total Number of Employees: 20 to 99 Parent Organization: Southwind Holdings Corp Administrator: Organization Designation: Employer Category: None of these categories apply UserlD BHEN1602 Malllng Address: Address 1: Address 2: City: Stale: Zip Code: NAICS Code: 237 - HEAVY AND CIVIL ENGINEERING CONSTRUCTION Total Hiring Sites: Total Points of Contact: 1 u.s. Depat1ment of Hometand Security. www.dh5.gov U.s. Citizenship and Immigration ServiCes - www.uscia.gov https:lle-verify .uscis.gov/emplEmployerWizard.aspx CAC Januarf~~ob pf 1 VIII-1-a 23 of 33 ..,~~ \~ ".,"D ~,'@' Last Login 02:51 PM, 12/28/2010 VIew' Edit VIew' Edit VIew' Edit VIew' Edit " ;.' "-,.. '~N ~::...II!IIIIJ Log Out Accessibility Download Viewers 12/28/2010 CAC January 13, 2011 VIII-1-a 24 of 33 ) 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 ) CAC January 13, 2011 VIII-1-a 25 of 33 " 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? Pine11as County - Long Key & Treasure Island - FL H. Have you ever failed to complete work awarded to you: If so, where and why? No CAC January 13, 2011 VIII-1-a 26 of 33 ') 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. 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 Lvons - US Armv 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. Signature of Bidder t"!J~/~ By Dona 1 d Sei bert Name Business Address 14649 Hwy 41 North, Ste 100 Evansville, IN 47725 Incorporated under the laws of the State of I ndi ana CAC January 13. 2011 VIII-1-a 27 of 33 ~~ AdrTil ddti~ Services Division 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 SOI~tion. ,~ / ~ CjC/~ ~~- "-30-'0'0 (Signature) Date Southwind Construction Corp (Name of Firm) AddendumT em plate Revised: 4/15/10 1 CAC January 13, 2011 VIII-1-a 28 of 33 (.~'._.'.--..'_...._'..__...') r' '.,", ../ ."~...~-"..:... ...._::.-.._.__;'..1........ ,.-' SO.\I.T.BW.I.ND CONSTRUCTION T~.~W'~T""""" 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. REPRESENTATfVEEXPERIENCE 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. CAC January 13. 2011 VIII-1-a 29 of 33 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 TV ~ 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 CAC January 13, 2011 VIII-1-a 30 of 33 W SOUTBWIND CONSTRucnON TocItna/oeI & .- -..... T......... RICHARD LASSEN South wind Construction Mr. Lassen has over thirty-fIVe years experience with private and public sector dredging, dewatering, and site work projects rangingfrom 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 samplingllogging, and daily quality control report submittal. Directed activities of workers concerned with dredging and dewatering projects by performing the following duties personally. Planned production operations. Established priorities and sequences for dredging, dewatering and site work projects. Prepared operational schedule and coordinated dredging and dewatering activities to ensure production, quality services and environmental compliance. . Reviewed production and operating reports and resolved operation, and maintenance problems to ensure minimwn costs and prevent operational delays. Inspected machines and equipment to ensure specific operational performance and optimwn utilization. Developed and/or revised standard operational and working practices and observed workers to ensure compliance with standards including environmental compliance. CAC January 13. 2011 VIII-1-a 31 of 33 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 V olusia County Florida, USACE Jacksonville District 2008 Supervisor at Dismal Swamp Virginia, USACE Norfolk District 2008 Supervisor at Matanzas Inlet Florida, USACE Jacksonville District 2007 Supervisor/SSHO, Cape Lookout Nat. Sea Shore, USACE Wilmington District 2006 Supervisor at Chesterfield Station, Chester, V A 2005 Supervisor at Alcoa Warrick Operations, IN 2004, 2005 and 2006 Supervisor/SSHO, Scarborough River in Maine, USACE New England District 2004 Supervisor at Beckjord Station, Cincinnati Gas & Electric, New Richmond, IN 2003 Supervisor at Bremo Bluff, Dominion Generation, Glenn Allen, V A 2003 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 CAC January 13, 2011 VIII-1-a 32 of 33 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 hann' sway. 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. ~ . 0 N M ~ ~ <ll :> .~ ~<ll"" -,,"" :& 0"';"'0 <(="" Q. u>"" 011 C ~ D- .S 0- W tIl f c I ~ iii ! I 15 C Z ~ 21 0 III i= ii: 0 011 ::)(1) W tIl t D::(I) I-c( c c (l)D. . II z 0(1) O~ QC) zC) ~i <( I- 0( j ~ ..- 0 ~ ~ CO (I) W U. co 8 N .... ..- ..- .... i CO W u. 8 .... 0 tIl .5 "ii D- o: iii 011 - '5i c 1; ~ :i D- '0 .S c .H" tIl III ~ f III C a:: III 011 J;! GI ~ . f ~ c Si! 0 0 ~ 0 S ~ ~ .... '" ~ '" 0", '" <= ri .~ ~CO ~~ ~~ 1'\-9 ~~l5 u5~ "''''''' N~~ ~'tl> .0..; ~.~ ~~~ '" ~ '" ~8ffi 0", z IS '" o z " .5 ~c:i .c l: 4- 1 c gg~~~ ~~8li5S( ooNUlO :!ig~-vi '" '" t.tttllt~4J'tfllt ~~ '" ,...: '" .... 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CI) II) II) en II) II) II) CI) C1l C1l C1l C1l C1l 0 C1l C1l C1l >->->->->-z>->->- .ll! o f- o~o~~~~~~ ~'Ui~'Ui'Ui'1il'1illl'1il ~QJ~~Q)Q)Q)>Q) "'enf!~tl~ '5'tl 'tl 'lijeo~<t.g' cut: Q) c::Ju-c C:~E~ "C ~~~e~~wct:2 C1l ":;<=0"'0; <=co ~ c5~~1JVlg ~ <= 0;::< " ~ ~...J ~ ~ 'E ~ ~ 'ii e 'E In ~$o)(f- .5 E =~~~ ~ ~ E ~ " ~ E $ .ll! Vl CAC January 13, 2011 VIlI-3 New Business 1 of2 EXECUTIVE SUMMARY Recommendation to approve award of Contract 11-5634 for Doctors Pass North Jetty Rehabilitation Project to Kelly Brothers, Inc. as outlined in their attached proposal submitted on January 7, 2011 for a unit price not to exceed contract total of $653,200 and authorize the Chairman to execute the contract after County Attorney approval. OBJECTIVE: Recommend awarding Bid 11-5634 to Kelly Brothers, Inc. for a unit price not to exceed contract total of $653,200. CONSIDERATIONS: This scope of work is for the Rehabilitation of the north jetty of Doctors Pass Wiggins. This will include the contractor mobilization and demobilization; Placement of 3,800 tons of armor stone to rebuild the jetty; as-built surveys and environmental protection measures. The bid is broken down as follows: Bid Item 1 - Mobilization and demobilization Bid Item 2 - As built surveys Bid Item 3 - Phase 1 and 2 - supply and install armor stones Bid Item 4 - Phase 3 - supply and install armor stones Bid Item 5 - Phase 4 - Supply and install armor stones Bid Item 6 - Environmental Protection $ 36,700.00 $ 12,600.00 $311,600.00 $106,400.00 $167,200.00 $ 18,700.00 TOTAL Price NTE ............................................................................. $653,200.00 The bid was publicly advertised on December 7,2010. Email notices were sent to 1212 firms with 121 vendors requesting full packages. On December 17, 2010 the Pre-Bid conference was held 7 vendors were present. The bid opening was held on January 7, 2011 where 4 vendors responded and their bid packets were opened. The budget established for this work is $750,000. The bids were reviewed and qualified bids were ranked as follows: Kelly Brothers, Inc - $653,200 Gunderboom, Inc. - $663,500 Coastal Marine Construction, Inc. - $693,900 Shoreline Foundation, Inc. - $755,088.73 The official purchasing bid tabulation is attached. FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. - CMG CAC January 13, 2011 VIII-3 New Business 2 of 2 RECOMMENDATION: Recommendation to approve award of Contract 11-5634 for Doctors Pass North Jetty Rehabilitation Project to Kelly Brothers, Inc. as outlined in their attached proposal submitted on January 7, 2011 for a unit price not to exceed contract total of $653,200 and authorize the Chairman to execute the contract after County Attorney approval. PREPARED BY: Gary McAlpin and Gail Hambright, CZM CAC January 13, 2011 VIII-3-a New Business 1 of 33 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Doctors Pass North Jetty Rehabilitation Project BID NO. 11.5634 Full Name of Bidder Kelly Brothers, Inc. Main Business Address 15775 Pine Ridge Rd, Fort Myers, FL 33908 Place of Business 15775 Pine Ridge Rd, Fort Myers, FL 33908 Telephone No. 239/482-7300 State. Contractor's License # CGC062389 Fax No. 239/482-8014 State of Florida Certificate of Authority Document Number656515 Federal Tax Identification Number 59-2069592 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 fallowing 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. 0> GC-P-1 CAC January 13, 2011 VIII-3-a New Business 2 of 33 NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bi~ pages. ex, GC.P-2 BID SCHEDULE Doctors Pass North Jetty Rehabilitation Project Bid No. 11-5634 Please input your prices via www.collieraov.net/bld GC-P~3 CAC January 13, 2011 VIII-3-a New Business 3 of 33 ~ CAC January 13, 2011 VIII-3-a New Business 4 of 33 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 con rm that we will use all manufacturers and materials as specifically au' d'n th Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. , No Exceptions No Exceptions 4. 5. Please insert additional pages as necessary. GC-P.4 CAC Janua VIII-3 ry 13, 2011 -aNewB. 5 of 33 uSlness ~ GC-P-5 CAC January 13. 2011 VIII-3-a New Business 6 of 33 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 Su~contractors 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. 2. Note: Kelly Brothers, Inc. will self N/A 3. perform the rock transport from our beach yard to the jobsite. 4. 5. GC-P-6 CAC January 13, 2011 VIII-3-a New Business 7 of 33 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. McGregor Isles Dredging Fort Myers. FL Chester Young 239/334.6870 2. Palmetto Point Dredging Fort Myers, FL GailOrio 239/334-2166 3. Longboat Key Artificial Reef Longboat Key, FL James Linkogle 941/316-1943 4. Lee Co. - Bonita South Groin Rehab Bonita Springs, FL Justin McBride 239/533-8130 5. Kohler T -Groin Upper Captiva, FL Joe Foster 239/594-2021 6. BY: Cresente Bautista-Vice Pres. Dated January 7, 2011 GC-P-7 CAC January 13, 2011 VIII-3-a New Business 8 of 33 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 (LF.SY) Unit (Quantity) Unit Cost Extended Cost 1. Trench Safety Act is not applicable on this project as there Is no know excavation works. 2. 3. 4. 5. TOTAL $ N/A - No Excavation Works Failure to complete the above may result in the Bid being declared non-responsive. Dated January 7. 2011 Kell BY: Cresente Bautista-Vice Pres. GC-P-8 CAC January 13, 2011 VIII-3-a New Business 9 of 33 ~~ Admlnlstrative ServIces OMsion Purchll$ing Affidavit for Claiming Status as a Local Bualness BID #; 11-5634 (CHECK ApPROPRIATE BOXES BELOW) State of Florida (Select County If Vendor Is described as a Local Business o Collier County f2) 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 eligi.ble for consideration as a "local business" under this section. Vendor must complete the following information: Year Business Established In DColller County or Kl Lee County: 30 Yrs, Number of Employees (Including Owner(s) or Corporate Officers): 45 Number of Employees Living in 0 Collier County or !I Lee (Including Owner(s) or Corporate Officers): 35 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. Date: 01/07/11 Collier or Lee County Signature: Title: Vice President STATE OF FLORIDA D COLLIER COUNTY ~ LEE COUNTY Sworn to and Subscribed Before Ma, a Notary Public, for the above State and County, on this 7th January p;20~ -12flO1. M - No Public My Commission Expires: ~ Day of ..~~~.. ',it.. AlliE BOYLE to:, 1*' MY COMMISSION' EE 025617 '-;;,~. ,.~!I,..J EXPIRES: September 13. 2014 '".p.r.,~'(i., Bonded Thru NOlary Public Underwrilers (AFFIX OFFICIAL SEAL) GC.P-9 CAC January 13, 2011 VIII-3-a New Business 10 of 33 S~Se."!! AdmlfllslfaWe Serv\($OMsion rllrCl\il~ng . Immigration Law Affidavit Certlflcatlon Solicitation ## and Tltle:11-5634 Doctors PaIS North Jetty Rehabilitation Project 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 E-Verlfy Memorandum of Understanding for the company. Failure to Include this Affidavit and acceDtable evidence of enrolh)1ent In the E-yerltv Droaram. shall deem th~ Vendor I Bidder's proposal as non-responsive. Documentation of these reaulrements will not be acceDted after the bid I DrODosal 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 ("INAn). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained In Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County, Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security In partnership with the Social Security Administration at the time of submission of the Vendor's I Bidder's proposal. Company Name Print Name nle Vice President Signature Date January 7,2011 State of Florida County of Lee The foregoing Instrument was signed and acknowledged before me thIs ~day of January 20.1.L by Cresente Bautista (Print or Type Name) who has produced Personally Known To Me as identification. (Type of Identification and Number) ALLIE BOYLE MY COMMISSION' EE 025617 EXPIRES: September 13. 2014 Ilooded Thill Nolai)' PublIc Unclerlol1tllll 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-10 CAC January 13, 2011 VIII-3-a New Business 11 of 33 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, ,if not impossible, to definItely ascertain and quantify. It is hereby agreed that It is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a. fair and reasonable estimate of Owner's actual damages at the time of bidding If the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds In a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within sixty (60) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within fifteen (15) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfullv Submitted: State of Florida Coun~y of Lee 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. Cresente Bautista , 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 st~tements contained herein are true and correct. Cresente Bautista (a) Corporation The Bidder is Florida Kelly Brothers, Inc. as follows: a corporation organized and existing under the laws of the State of which operates under the legal name of , and the full names of its officers are GC-P-11 ~ CAC January 13, 2011 VIII-3-a New Business 12 of 33 President Danny Kelly Secretary Danny Kelly Treasurer Danny Kelly Manager Cresente Bautista I Vice President The Manager I Vice President contracts for the company AUQust 17, 2005 'last sentence if not applicable). (b) Co-Partnership The Bidder is a co~partnership consisting of individual partners whose full names are as follows: is authorized to sign construction bids and by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this N/A - Corporation N/A - Corporation The co-partnership does business under the legal name of: N/A - Corporation (c) Individual The Bidder is an individual whose full name is N/A - Corporation operating under a trade name, said trade name is N/A - Coreoration I and if DATED January 7,2011 i::1;h,~V{)(~ 'Witness (t1(Li~~ 0-11//1.-1/)4>11 / Witness Kelly Brothers, Inc. legal entity BY: Vice President Title GC-P-12 CAC January 13, 2011 VIII-3-a New Business 13 of 33 STATE OF Florida COUNTY OF Lee The foregoing instrument was acknowledged before me this Z!b- day of January I 2011, by Cresente Bautista , as Vice President of Kelly: Brothers, Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced Personally Known To Me ,// as identification and did (did not) take an oath. My Commission Expires: AWE BOYLE . M~ COMMISSION' EE 025611 J F.XPIRES: Septemllflr 13/ 2014 . flC'llle<i fhru Nolet'! PublIc Und&rWl1letl NAME: (Signature of Nota ~~I~ (Legibly Printe (AFFIX OFFICIAL SEAL) Notary Public, State of :-~ L- Commission No.: e~ 2-5lLJlf GC-P-13 ~ 12-21-'10 15:19 FROM- CAC JanuarxH,)011 T-057vlIR0Q~~eiS"211 14 of 33 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we KELLY BROTHERS, INC. (herein after called the Principal) and Travelers Casualty and Surety Company of America , (herein called the Surety), a corporation chartered and existing LInder the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Bo~of County Commissinners (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 5% of Bid ) 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 Doctors Pass North Jetty Rehabilitation Project Bid No. 11.5634 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor. materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of Bid noted above as liquidated damages, and not as a penalty, as provided hi the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect ~ GC-P-14 12-21-/10 15:19 FROM- T-057~~I~~Ni~~211 15 of 33 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 4 t day of January I 201QJ 1 Principal BY (Seal) Surety (Seal) Charles Countersigned Nielson~ Hoover & AS~Qciate8 GC-P-15 13,2011 uSlness ~ TRAVELERSJ POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casualt)' COO1IHmJ Fidelity and Guarnnty Insurance Compnny Fidelity and Gunranty Insurance Underwriters, Inc. St. Paul Fire and Murine Insurunce Company St. Puul Guardiun Insurance Compuny' Attorney'.ln Fnct No. 222181 St.I'aul Mercury Insurance Compuny Trayelel's Cnsunlly and Surety Company Tranlers Cusually and Suret)' Company of Alllericu United Slates Fidelity and Gllal'nnty Company' Certincate No. 0 0 3 6 618 3 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and MMine Insurancc Company, S1. Paul Guardian Insurance Company and 51. Paul Mercury Insurnnce Company arc corponllions duly organized under the laws of the Slate of Minnesota, that Farmington Casualty Company, Travelers Casually and Surely Company,and Travelers Casually and Surety Company of America arc corporations duly organized under Ihe laws of the State of Conneclicut, thalUniled Slates Fidelity and Guaranty Company is a corporation duly orgnnized under the laws of the State of Maryland, that Fidelit)' and Guarant)' Insurance Company is a corpomtion duly organized undel Ihe laws of the Slate of lown, and thai Fidelity and Gunranty Insurnnce Underwriters, Inc" is a corporution duly organized under the laws of Ihe Slate of Wisconsin (hercin collectively called the "Comp:lIlies"), and thaI the Companies do hereby make. constitute and appoint Charles D. Nielson, Charles J, Nielson, Mary C. Aceves. David R, Hoover, Gicelle Pajon, Olga Iglesias, Gloria McClure, and Arthur Colley of the City of Miami Lakes _..._..........., Stllte of___......Elurida ."",,__ , their true and lawful Auorney(s),in-F:tel. ench in their separate capncit)' if more thlln one is named above. to sign. exceute, seal and acknowledge any lInd all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in Iheir business of gllanlnleeing the fidelit)' of persons, guaranleeing Ihe performance of contracts and e,\ecuting or guamnteeing bonds :md undel1akings required or permitted in an)' actions or proceedings allowed b)' law. IN WITNESS WHEREOF, the Compnnies have caused this instrument to be signed and their corporate seals 10 be heretll affixcd.lhis day 01 May ,_, .2010 . 13th Farminglon Casualt)' Company Fidelity and Guaranty Insuralll'e Company Fidelity and Gunranty Insurance Underwritel's, Inc, SI. Paul Fire and Marine Insurance Company Sl.l'aul Guardian Insurance Company o ~ Slate of Connecticut Cil)' of Hanford ss. St, PnulMercury Insurullce Compllll)' "frsnlct's Casnnlt)' and Surety' Comlllll1Y "frsnlers Casually' and Surely Company of Amerkll United Stlltes Fidelily and Guamnty ComlHIIl)" e By: On this Ihe 13th dn)' of ,,,May 2010 . before me personall)' appeared George \Y, Thompson, who acknowledged himsdf 10 be the Senior Vice President of Farmington Casnall)' Compnn)'. Fidelity and Gunranty Insurancc Compan)', Fidelity nnd Gumanty Insurance Underwriters, Inc.. SI. Panl Fire :md Marine Insurance Company, SI. Paul Guardian Insurance Company, St. I'nul Mercur)' Insnrance Company, Travelers Casualty and Smell' Company. Trawlers Casualty and Surety Company of I\merica. nnd United States Fidelity and G\Illnmty Company, and thm he, as such, being lluthorized so to do. exenned the fort'gomg instrumenl forlhe purposes therein contained by signing on behalf of the corporatilms by himself liS a duly authorized officer. In Witness Whereof, I hcreunto sel my hand nnd official seal. My Commission cxpires the 30lh day of June, 2011, 58440-4-09 Printed in U,S.A. ~c C. j~ r""""".,~ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE REO BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fannington Casualty Company. Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Inc., SI. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United Stales Fidelity and Guaranty Company. which resolutions are now in full force and effect. reading as follows: RESOLVED. that the Chainnan, the President. any Vice Chainnan. any E"ecutive Vice President. any Senior Vice President. any Vice President, any Second Vice President. the Treasurer. any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Pact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances. contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance. or conditional undertaking. and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED. that the Chainnan, the President. any Vice Chainnan. any Executive Vice President. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance. contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chainnan. any Executive Vice President, any Senior Vice President or any Vice President. any Second Vice President, the Treasurer. any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly allested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Allorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-ill-Fact for pU1l'Oses only of executing and allesting bonds and undertakings and other writings obligatory in the nature thereof. and any such Power of Attorney or cel1iticate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and ccrtified by such facsimile signature and facsimile seal shall be valid and binding on the Company in Ihe future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson. the undersigned,Assistant Secretary. of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America. and United States Fidelity and GuarllJlty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this 4 th day of _ January ,20 11 @ To verify the authenticity of this Power of Attorney. call 1 -800-421-3880 or contact us at www.lravelersbond.com. Please refer to the Allorney-In-Fact number, the above-named individuals and the details of the bond to which the power is allached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CAC January 13, 2011 VIII-3-a New Business 18 of 33 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 Trl E Naples FL 34112 12. The mailing envelope must be sealed and marked with: <;::)Bld Number; 11-5634 <;::)Project Name; Doctors Pass North Jetty Rehabilitation Project <;::)Openlng Date.1/7/11 13, The Bid will be mailed or delivered in time to be received no later than the specified ooelJina date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJEC1; NAME ON TtlE OUTSIDE OF THE COURIER PACKET Vice President GC-P-16 CAC January 13, 2011 VIII-3-a New Business 19 of 33 Date: January 7, 2011 GC-P-17 ~ 12-21-'10 15:19 FROM- T-05~~~~1~\J~f~211 20 of 33 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we KELLY BROTHERS. INC. (herein after called the Principal) and Travelers Casualty and Surety Company of America , (herein called the Surety), a corporation chartered and existing under the laws of the State of Connecticut with its principal offices in the city of Hartford and authorized to do business in the State of Florida are held and firmly bound unto the Collier County Bo~of County Commissioners (hereinafter called the Owner), in the full and just sum of Five Percent of Amount Bid dollars ($ 5% of Bid ) 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 Doctors Pass North Jetty Rehabilitation Project Bid No. 11.5634 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% of Bid 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-14 12-21-'10 15:19 FROM- T-057~~~~~~i~;211 21 of 33 IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 4t day of January ,2010:.11 Charles J. Countersigned Principal BY (Seal) Surety (Seal) Hoover & AS~QciateR GC.P.15 13,2011 uSlness ..... TRAVELERSJ POWER OF ATTORNEY WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Farmington Casuall)' Company Fidelity and Guaranly Insurance Com pan)' Fidelity and Guaranly Insurance Underwriters, Inc. St. Paul Fire and J\larine Insurance Company St. Paul Guardian Insurance Company Attorne)'.In Fllct No. 222181 St. Paul Mercury Insurance Company Thavelers Casualt)' and Suret)' Com pan)' Tuwlers Casualty and Suret)' Company of Amel'ka United States Fidelity and Guaranty Company Certificate No. 0 0 3 6 618 3 6 KNOW ALLJ\IEN BY THESE PRESENTS: Thai 51. Paul Fire and Marine lnsumnce Company. 51. Paul Guardian Insurance Company and SI. Paul Mercury InsunHll'e Company are corporations duly organized under the laws of the State of Minnesola, Ihat Farmington Casualty Company. Travelers Casualty and Surety Company. and Travelers Casually and Surety Company of America arc corporations duly organized under the laws of the State of Connecticul, that United Stales Fidelity nlld GuaranI)' Company is a corpornlion duly organizcd under the Inws of Ihe Slate of Maryland. that Fidelity and GUnrnnt)' Insurance Company is a corpormion duly organized under the laws of Ihe State of Iowa. aud Ihal Fidelit)' and Guaranty Insurance Underwriters, Inc" is a corporlltion duly organized under the laws of the State of Wisconsin (herein colleclivel)' called Ihe "Companies"). and lhat the Companies do hereby make. conslitule and appoint Charles D, Nielson, Charles J, Nielson, Mary C, Aceves. David R. Hoover. Gicelle Pajon, Olga Iglesias. Gloria McClure, and Arthur Colley of the Cily of __.MimnLJ...akc.s._. . State of .. . ElDrida ..,,~_,_,__ . Iheir Irue and lawful Allomey(s).in-Fa\'1. each in thcir separate capacity if more than one is named above.lo sign. eXCClIle. seal and acknowledge any and all bonds. rccognizances, condilionalundertakings .\I1d other wrilings obligatory in tbe nlllure thereof on behalf of the Companies in their business of guanmteeing Ihe fidelity of persons. guaranteeing the performance oj eonlracls and execuling or guamnteeiug bonds and undertakings required or permilled in any llclions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused Ihis instrument 10 be signed and Iheir eorpormc sc.lls 10 be hereto affixed. this da'of May 2010, )' ""--..-.,-,-, '- 13th Farmington Casually Com pan)' Fidelit)' and Guurllnty Insurance Compan)' Fidelity lInd GUlIranty Insurance Underwriters, Inc, St. Paul Fire and Marine Insurllnce Company St. Puul Guurdian Insuflll1ce COmplltl~' c ~ State of Connectk'ut City of Hartford ss. SI, I'uul Mercury Insurunce Com pan)' Travelers Casualty lInd Surety Com pun)' Trawlers ClIsuult)' and SlIret)' COI1lI)UIIY of Amel'icu United Stlltes Fidelity and Guurllnt)' Company e By: . 13th May 2010 ,. On Ihls the, """'_"_'_""_ day of _'_' ' .-"'._____ , before me personally appeared George W, thompson. who acknowledged himself 10 be Ihc Scnior Vicc President of Farminglon Casualty Company. Fidelily and GUllranty Insurance Company, Fidelity nnd Guaranly Insunlncc Underwriters, Inl'.. 51. Paul Firc and Marine Insurance Compllny, SI. Paul Gunrdiao Insurance Company. SI. Paul Mercury (nsunll1ce Company. Tra,elcrs Casualty and Surely Comp,my, Travelers Casualty and Surety Company of America, and Uniled States Fidclity and Guaranty Company. and that he. as such. being mllhorized so 10 do, executed the foregoing inSlfllmelll for thc purposes therein conlained by signing on behalf of Ihe corporations by himself as a duly authorized officer. lu Witne,ss Whereof, I hereunto sel my hand and official S"II. My Commission expires Ihe 30lh day of JUl1e. 2011. 58440-4.09 Printed in U,S.A. ..____~ C.j~ Marie C, ''''''''N~ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CAC January 13, 2011 VIII-3-a New Business, o This Power of Anorney is granted under and by the authority of the following resolulions adopted by the Boards of Directors of Fanninglon Casualty Company, Fidclity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwritcrs, Inc.. St. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman. the President, any Vice Chairman. any E~ecutive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her ccrtificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Presidcnt. any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any E~ecutive Vice Pre,ident, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly e~ecuted (under seal, if required) by one or more Allorncys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wrillen delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Allorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimilc seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is allached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Fannington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters, [nc., SI. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN n:STIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this_.iLtll_ day of January ,20 11 Kori M. Johans o ~ To verify the authenticity of this Power of Anomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attomey-In-Fnctnumber, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CAC January 13, 2011 VIII-3-a New Business 24 of 33 .~~ AcfmlnlstRWve Servloes OMsion PurChO$irl{) Affidavit for Claiming Status as a Local Business BID #:11-5634 (CHECK ApPROPRIATE BOXES BELOW) State of Florida (Select County If Vendor Is described as a Local Business o Collfer County . !2J Lee County Vendor affirms that it Is a local business as defined by the Purchasing Polley 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 eligi,ble for consideration as a "local business" under this section, Vendor must complete the following information: Year Business Established In DColller County or KJ Lee County: 30 Yrs. Number of Employees (Including Owner(s) or Corporate Officers): 45 Number of Employees Living in 0 Collier County or !l Lee (Including Owner(s) or Corporate Officers): 35 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, Date: 01/07/11 Collier or Lee County Signature: Title: Vice President STATE OF FLORIDA o COLLIER COUNTY IKI LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this 7th Janua~ ,2011 .-a~O.u. ~~ No PUblic My Commission Expires: ~ Day of ......'\ tlU~"I... AllJE BOYLE . '\ MY COMMISSION ree 025617 1 EXPIRES: September 13, 2014 Booded Thr\l NOlaI)' Public UndefW1iters (AFFIX OFFICIAL SEAL) GC.P-9 CAC January 13, 2011 VIII-3-a New Business 25 of 33 C:.,(1tt~r Co w .-it:)! Email: scottjohnson@colliergov.net Telephone: (239) 252-8995 FAX: (239) 252-6588 l\ckJ'i: r~:IS~f'i]1,Ve S',.:;I\,'IC~eS {}'JI:='Jtcn "\;'1', Il~):+ ~'"1 ADDENDUM 1 Memorandum Date: December 21,2010 From: Scott Johnson Purchasing Agent Interested Bidders To: Subject: Addendum # 1 Solicitation # and Title 11-5634 Doctors Pass North Jetty Rehabilitation Project The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Answers to questions from prebid conference 1. Naples landing can be used by contractors to load out stone ant no cost to the contractor on this project. Coordination need to take place directly with the Dock master at the City of Naples and housekeeping and Cleanup is expected. 2, Use of the north side of Doctors pass Jetty is confirmed for lay down and staging of equipment and rock. Cleanup is expected at the end of the project. Equipment and stone access is only by water access. 3. Public pedestrian access is confirmed north of the Admiralty Point condo. Contractor parking at this location is not available. 4, This project must be completed by the beginning of turtle nesting season which begins on 5/1/2011, 5. A copy of the Biological opinion for this project is attached. 6. No City of Naples permits or fees are required for this project. Coordination with the Police Department will be required for employee access, coordination and identification. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Gary McAlpin AddendumTemplate Revised: 4/15/10 1 CAC January 13, 2011 VIII-3-a New Business 26 of 33 ~p~~~~e :i9;,('b~IOi and ret1Jurn a copy of this Addendum with your submittal for the above referenced A/~![;tp;;e~ Wl /},,-tJ./L.- J ;:l --:lJ ~.I 0 ( ignature) Date ~€~\ \I \) \' D\\,e/r:5) Iy-,~, (Name of Ft1m) STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 CAC January 13, 2011 VIII-3-a New Business 27 of 33 (850) 487.1395 BAUTISTA, CRESENTE CORONEL KELLY BROTHERS INC 15775 PINE RIDGE ROAD FORT MYERS FL 33908 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Iicensel DETACH HERE r-----------.---. - L~'L(')470A AC# \"" t... ,'. . . ~ BAUTISTA6 Cf{ESENTf,: KELLY BR THERS INC _ 18484SEB~ING ROAD FORT MYERS ' I l. . CHARLIE CRIST GOVERNOR DISPLAY AS R, EQUIReD BY lAW - _"'i" - - -, STATE OF FLORIDA DSPAR1'MSN'l'Ol"BtJSINESSANPPROl"ESSIONAL REGULATION i.,!)" "'CONSTRUCTION. INDUSTRY...FICENSINGBOARD SEQ# L09060901162 LI ENSE NBR 06 09 2009 080520136 B0018370 The BUSINESS ORGANIZA'l'ION Named below IS QUALIFIED Under the provision~ of Chapter 489 FS. Expirationdate:AUG 31, 2011 (THIS IS NOT ALIGENSETO PERFORM WORK. THIS ALLOWS COMl?ANY TO DO BUSINESS .ONLY IF IT HAS A QUALIFIER.) KELLYBRO'l'HERS<INC 15775 PINE RIDGE ROAD FORT MYERS FL 33908 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 KELLY BROTHERS INC 15775 PINE RIDGE ROAD FORT MYERS FL 33908 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myflorldalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license I f'jl j DETACH HERE AC# 4 4 3 5 0 11 CHARLIE CR;J:ST GOVERNOR DISPLA Y BY LAW CAC January 13, 2011 VIII-3-a New Business 28 of 33 REGULATION (850) 487-1395 STATE OF FLORIDA AC# 4435011 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION QB0018370 06/09/09 080520136 QUALIFIED BUSINESS ORGANIZATION KELLY BROTHERS INC (NOT A LICENSE TO PERFORM WORK. ALLOWS COMPANY TO DO BUSINESS IF IT HAS A LICENSED QUALIFIER.) IS QUALIFIED under the provh1ons of ch,489 FS Expiration dote, AUG 31, 2011 L09060901162 CHARLES W. DRAGO SECRETARY t01' Lee County Tax Collector 2480 Thompson Street Fort Myers, Florida 33901 www,leetc,com Tel: (239) 533.6000 CAC Januarx.1A ~P:t.1 VIII.3.a New"B'a5BHe~s 29 of 33 \,ee COUI1!/,. '% .o~ <itl!! of f\o~' Local Business Tax Account: 0200066 Dear Business Owner: Your 2010-2011 Lee County Local Business Tax Receipt is attached below, The receipt is non- regulatory and is issued using the information currently on file with our office. It does not signify compliance with zoning, health or other regulatory requirements nor is it an endorsement of work quality, Annual account renewal notices are mailed in August to the address of record at that time; to ensure delivery of your annual notice, mailing addresses may be updated online at www.leetc.com. If there is a change in the business name, ownership, physical location or if the business is being closed, please follow the instructions on the back of this letter to transfer or to close the account. I hope you have a successful year. C~?~ Lee County Tax Collector Detach and display bottom portion and keep upper portion for your records ",e COUll!/,. LEE COUNTY LOCAL BUSINESS TAX RECEIPT 2010 - 2011 tor ACCOUNT NUMBER: 0200066 ACCOUNT EXPIRES SEPTEMBER 30, 2011 ~ .o~ <itl!! of I'\O~' May engage in t CERTIFIED GENERAL CONTRACTOR Location 15775 PINE RIDGE RD FT MYERS FL 33908 THIS LOCAL BUSINESS TAX RECEIPT IS NON REGULATORY KELLY BROTHERS INC BAUTISTA CRESENTE C 15775 PINE RIDGE RD FT MYERS FL 33908 THIS IS NOT A BILL. 00 NOT PAY PAID 281299-110-1 WEB 09/10/201002:09 $50.00 Qualifier Certification Information CAC January 13, 2011 VIII-3-a New Business 30 of 33 CCPR230? Qualifier Certification Information CoIl IeI' County 130cud of County Commissioners c~:wr NdR: ;J21'-J6 QUALIFIER NBR: 22 62'7 Printed on 1 CI?,(!fdVl~,) CRESENTE C, BAUfuTA'"'="='''===:cc,c,J CD--P.ll.iS for Windows C~ASS CDJE: 1010 GENERAL CONTR.--CERTIFIED S!ATE \UR: cee 062389 COUNTY COMP CARD: .,-;r:.:.... ,. ::\' D LUd EXP 8/11:'009 \'/C EXP 8/1/2009 OIUG ISSD 9;12/2001 RENEh'AL. EXPIRES 8/31/2010 8 3 U I) :m;,: VELLY BROTHERS, INC. vlC EXEMPT: N or. EXENPT: Y ?\:) U .~-:!.:: ,c; ,:'3 : ~5 15 PINE RIDGE RD. EXEHPT EXP DATE: Fi':". IJ1YE!;l.S FL 33908. ;)i:O:-~:;: : (2',9)482 7300 Fi\X: (239)482-8014 NO~E: fc is [he qualifier's responsibility to keep all business. licensing and requirements currer are co provide up to date copies for Collier County files, This includes all insurance cer :'carcs and any change of address information, '<d' >,'.- ('i' \.",;!n .; ~ riC ,'v' . F; :.:;; S;;.d ~;~: 1'.C':T\';:: :::;<!:.l: 33 CAC January 13. 2011 VIII-3-a New Business 31 of 33 State of Florida Department of State I certify from the records of this office that KELLY BROTHERS, INC. is a corporation organized under the laws of the State of Florida, filed on February 20, 1980. The document number of this corporation is 656515. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on January 12,2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my halld and the (Treat Seal of Florida, at Tallahassee, the Capital, this the Fourteellth day of Jatlllary, 2010 ~ Secretary of State AUlhenticationlD: 200165829572-011410-656515 To authenticate this certificate,visit the following site, enter this 10, and then follow the instructions displayed. https:/Iefile.sunbiz.orglcertauthver.btml Knott. Consoer, Ebelini Hart & Swett, RA. ATTORNEYS. AT. LAW CAC January 13, 2011 VIII-3-a New Business 32 of 33 RECEIVED AUG 2 9 2005 BY:=- George H. Knott *+ George L. Consoer, Jr. *+ Mark A. Ebelini Thomas 8, Hart H. Andrew. SWell 1625 Hendry Street. Third Floor (33901) p,O, Box 2449 Fort Myers, Florida 33902.2449 Telephone (239) 334.2722 Telecopier (239) 334.2801 . Board Certified Ci\il Tri.' L.wyn .. Boud Certified Real E.llIte Lawyer + RoaN Cerlified BUiin~" lhivatlun Law~~r GKnott@knott.law.com August 26, 2005 Danny Kelly, President Kelly Brothers, Inc. 15775 Pine Ridge Road Fort Myers, FL 33908 RE: Kelly Brothers, Inc. Dear Dalmy: Matthew D, l hIe Aaron A, Haak Derrick S. Eihausen Nally T orres.Alvarado Director of Zoning and Land Use Planning Michael E, Roeder, Alep Please find enclosed the executed Directors Action pertaining to the removal of Pat Kreutzer from any corporate records which was inadvertently forwarded to our office. The original Directors Action should be placed in the corporate book for Kelly Brothers, Inc. Cordially yours, KNOTT, CONSOER, EBELINI, HART & SWETT, P,A. y\ik ~.~t' GHK/sdb Enclosure CAC January 13, 2011 VIII-3-a New Business 33 of 33 DIRECTORS ACTION OF KELL Y BROTHERS, INC. In accordance with Florida Statutes, Section 607,0821, the undersigned, being the sole director of the corporation, takes the following action for the corporation: The following officers are elected to serve until the next alillual meeting of directors and until their successors are chosen and qualified: President: Vice-President: Secretary: Treasmer: Danny M, Kelly Cresente Bautista Danny M, Kelly Danny M, Kelly M. Patricia Kreutzer is hereby removed as the Trustee of the Schwab Kelly Brothers Inc, 401K Psrp, Account No. 90922297 and Job No. 2711337, and Cresente Bautista shall be the replacement Trustee of said account. The actions taken by the corporation and its officers during the preceding year are approved and ratified, Dated: August a 2005 il hi::;; 0..... 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Objective: Update the Coastal Advisory Committee on regulatory findings and agency requirements and seek a recommendation on how to proceed with the Clam Bay navigational markers permit application, Considerations: At the June 23, 2009 meeting, the Board of County Commissioners directed staff to proceed with permitting and installing the Clam Bay navigational markers to come into compliance with the US Army Corp of Engineers (USACE) permit requiring the installation of navigational markers on the main channel in Clam Bay that meets US Coast Guard standards (USCG), Installation of these markers requires permitting from Florida Department of Environmental Protection (FDEP), USCG and the Fish and Wildlife Commission (FWC). FDEP previously issued a "Consent by Rule" approval based on the Florida Administrative Code to install navigational markers, This "Consent by Rule" authorization was subsequently rescinded by FDEP when water depth concerns were identified, On January 26,2010, the Board of County Commissioners directed staff to file for the permit using a "Letter of Consent", A stipulation was added that this could be accomplished within an $8,000 budget. Staff performed all the work in house and submitted the request for "Letter of Consent" to FDEP on March 5, 2010, Since the submittal, staff has received and responded to four (4) Requests for Additional Information from FDEP on June 15,2010, July 12,2010, July 23,2010 and September 19,2010, On September 2, 2010, FDEP classified this project as a "Heightened Public Concern Project" due to Pelican Bay community concerns. In September 2010, the USCG permit for the navigational markers within Clam Bay expired, This permit was not eligible for renewal from the USCG due to heighten public concern from the surrounding community, Staff consulted with Mr, Joe Embres, Chief, of the Waterways Management Section of the Seventh Coast Guard District, for submittal of a new permit. Mr, Joe Embres, advised staff that due to new regulations within the USCG an Environmental Assessment (EA) or Environmental Impact Statement (EIS) would need to occur prior to the new permit application submittal. An EA or EIS determines the cumulative affects of the project on the environment. This requirement could not be waived due to the heightened public concern status of this project. Mr, Joe Embres advised staff to submit the new permit application once approval of the FDEP permit had been received, However, on October 8, 2010 staff received a Request for Additional Information from FDEP requesting a valid USCG Permit for the navigational markers in Clam Bay, This requirement from FDEP forces staff to initiate an EA or EIS through the USCG, In a joint conference call with both the USCG and FDEP it was identified that if an extensive EA and/or EIS is required, it can cost up to $40,000 and take as long a year to complete, The scope of the EA and/or EIS would be determined once all environmental concerns were identified GAG January 13, 2011 VIII-4 New Business 2of2 through consultation with the USCG by related state and federal regulatory and permitting agencies, At this point, staff cannot move forward with the study without further direction from the BCC, If the BCC directs staff to move forward with the navigational marker permitting, a funding source for these environmental studies will need to be identified, If the BCC directs staff not to move forward with this permit application for navigational markers, staff will petition the USACE to close the permit noting that the County has acted in good faith to come into permit compliance, however, the denial of timely and cost effective permits from FDEP, the USCG and FWC has prevented this from happening, Staff believes that the County's petition to close out the permit will be accepted by the USACE Advisory Committee Recommendations: Staff requests the CAC recommendation, Fiscal Impact: To date, Coastal Zone Management has expended approximately $4,500 in hourly charges dealing with this item, No out of pocket expenses have been incurred to date, In addition to the out of pocket expenses that the County will incur conducting the environmental studies, additional agency requests will require $5,000 to $10,000 in staff time to complete, A total cost of up to $50,000 can be expected to complete this application based on these new requirements for the EA and/or the EIS. Growth Mana!!:ement Impact: No impact to the growth management plan would result from this Board action, Le!!:al considerations: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. - CMG Staff Recommendations: Request direction from the Coastal Advisory Committee on how to proceed with the Clam Bay navigational markers permit application, Prepared by: Gary McAlpin and Pamela Keyes, Coastal Zone Management