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#05-3854 (Great Lakes Dredge & Dock Company, LLC) . .. 1 OM Collier County Beach Renourishment COLLIER COUNTY BID NO. 05-3854 COLLIER COUNTY, FLORIDA Design Professional: Coastal Planning and Engineering 2481 NW Boca Raton Boulevard Boca Raton, Florida 33431 COLLIER COUNTY PURCHASING DEPARTMENT 3301 Tamiami Trail, East Naples, Florida 34112 · 1 OM TABLE OF CONTENTS A. PUBLIC NOTICE/LEGAL ADVERTISEMENT (PAGE 1 ONLY) B. INSTRUCTIONS TO BIDDERS C. BID, BID SCHEDULE AND OTHER DOCUMENTS D. AGREEMENT E. AGREEMENT EXHIBITS EXHIBIT A: Performance and Payment Bond Forms EXHIBIT B: Insurance Requirement Form EXHIBIT C: Release and Affidavit Form EXHIBIT 0: Contractor Application for Payment Form EXHIBIT E: Change Order Form EXHIBIT F: Certificate of Substantial Completion Form EXHIBIT G: Final Payment Checklist EXHIBIT H: General Terms and Conditions EXHIBIT I: Supplemental Terms and Conditions EXHIBIT J: Technical Specifications EXHIBIT K: Permits EXHIBIT L: Standard Details (if applicable) EXHIBIT M: Plans and SpeCifications prepared by Coastal Planning & Engineering, Inc. and identified as follows: Collier County Beach Renourishment as shown on Plan Sheets 1 through 6. EXHIBIT N: Contractor's List of Key Personnel EXHIBIT 0: Stored Materials Records J 1 OM PUBLIC NOTICE INVITATION TO BID COLLIER COUNTY, FLORIDA Collier County Beach Renourishment COUNTY BID NO. 05-3854 Separate sealed bids for the construction of Collier County Beach Renourishment, addressed to Mr. Steve Carnell, Purchasing Director, will be received at the Collier County Government Complex, 3301 Tamiami Trail East, Purchasing Building, Purchasing Department, Naples, Florida 34112, until 2:30 P.M. LOCAL TIME, on the 30th day of June, 2005, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. A mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, Purchasing Building "G" at 2:30 p.m. LOCAL TIME on the 13th day of June, 2005, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. In instances where the Owner has deemed the pre-bid to be Mandatory. the Bidder's failure to attend the pre-bid conference shall result in the rejection of its bid. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Collier County Beach Renourishment, Bid No. 05-3854 and Bid Date of June 30th, 2005". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule (GC- P-1 through GC-P-12) shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined at the Purchasing Department, Purchasing Building, 3301 Tamiami Trail East, Naples, Florida 34112. Copies of the Bidding Documents may be obtained only at the offices of the Purchasing Department, upon payment of $19 for each set of documents to offset the cost of reproduction. Return of the documents is not required, and the amount paid for the documents is nonrefundable. The following plan room services may have obtained copies of the Bidding Documents for the work contemplated herein: McGraw-Hili Construction Dodge 2830 Winkler Avenue, Suite 104A Ft. Myers, FL 33916 Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the TPA#1953633.11 GC-PN-1 , 10M required bonds and insurance within fifteen (15) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attomey. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within one hundred sixty-five (165) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 1st day of June, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TPA#1953633.11 GC-PN-2 J 1 OM PART B -INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages GC-P-1 to GC-P-12 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Collier County Purchasing Department, Purchasing Building, Collier County Government Complex, 3301 Tamiami Trail, East, Naples, Florida 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the TP A#1953633. 11 GC-IB-1 " 1 OM location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Purchasing Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Riaht to Reiect Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. TPA#1953633.11 GC-IB-2 I 10M ~.. Section 5. Signina of Bids 5.1 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 5.2 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 7. late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the TPA#1953633.11 GC-IB-3 . 1 OM opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 8.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is mandatory. In instances where the Owner has deemed the pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result in the reiection of his bid. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 9.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 10. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder, TPA#1953633.11 GC-IB-4 J 1 OM Section 11. Bid Quantities 11.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 12. Award of Contract 12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Purchasing Director prior to the time of the bid opening strictly in accordance with Owner's then current Purchasing Policy. 12.2 The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined on the basis of the entire Bid and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing Agent of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 12.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays and Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Purchasing Policy. A copy of the Purchasing Policy is available at the offices of the Purchasing Director. 12.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. TPA#1953633.11 GC-IB-5 . _10M Section 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. 14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 15. Use of Subcontractors 15.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other publiC contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 15.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 15.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major TPA#1953633.11 GC-IB-6 . 10M subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 16. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: H A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." TPA#1953633.11 GC-IB-7 . 10M COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT 3301 EAST TAMIAMI TRAIL ADMINISTRATIVE SERVICES DIVISION PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 www.colliergov.net ADDENDUM DATE: June 20, 2005 TO: Interested Bidders FROM: Scott D. Johnson, Purchasing Agent Purchasing Department SUBJECT: Addendum # 1 - Bid #05-3854 - "Collier County Beach Renourishment" Addendum #1 covers the following change for the referenced Bid: Bid Opening date change: July 13. 2005 Collier County wishes to clarify the Licenses and Warranty items: These statements as referenced the bid document are not applicable. 1. Modify Exhibit J Technical Specifications as follows: Paragraph 28.4.2: Add as last sentence to the paragraph. The spacing of the pipeline collars shall be such that the pipeline does not contact hardbottom, and the collar spacinq shall not exceed 100 feet. Paragraph 29.2: Modify the fifth sentence as follows: If instantaneous telemetry will require expensive communication links, such as satellite telephones, then near real time communication of dredging location data will be acceptable. The data shall be provided each time the dredge approaches the shoreline for off loading in a format approved by the DESIGN PROFESSIONAL. The contractor will provided the data a minimum of three (3) times each day (ever 8 hO~) or 01 0 M nearshore approach of the hopper dredge, whichever is least. . Paragraph 31.1: Add as the last sentence to the paragraph. The dedicated flag or safety person can be from a contract guard service. Paragraph 43.1.3: Add as the last sentence to the paragraph. If the CONTRACTOR believes a nearby structure may be threatened by his operation, he may at his discretion and cost, conduct vibration monitoring, modify the sand placement method and/or seek approval from the DESIGN PROFESSIONAL for a change in procedures. Figure 1 (pg J-2): Replace Figure 1 with the attached. The scale of the figure is 1 inch=36,OOO feet. 2. Clarifying Statement: a. There is no requirement for the contractor to have a county dredging or contractor's license or acquire county permits. b. The attached pre-bid information questionnaire shall be filled out by the bidders and submitted with the bid package. 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 implementing the phases involved. Work to be completed using Trailing Suction Hopper Dredges("TSFD"). Estimated schedule is to begin mobilization upon receipt of Notice to Proceed. Mobilization to be completed ln approXlmately JU days. uredglng to commence immediately upon completion of mobilization. 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? Dredge - (2) 3,600 Cubic Yard TSH dredge. Estimated daily production per dredge = 4,200 Cubic Yards per day. Estlmated duratlon ot dredglng/beach fill is 105 days. c. What size and type of equipment will you use on this project, to include SCOW", 0 M boosters, cranes, barges, front end loaders, dozers etc. What equ.ment wJ! you purchase or rent for the proposed work? See Attached D. List key personnel bidder proposes to use on this project including their qualifications and prior experience. See Attached E. List other present commitments including dollar value thereof, name of owner and estimated date of completion. See Major Projects List Attached. F. Will you sublet any part of this work? If so, give details. Anticipate subcontracting Endangered Species Observers and Turtle Trawling. G. What is the last project of this nature that you have completed? Beachfill: Delaware Coast from Cape Henlopen to Fenwick Island Kenobotn ~eacn and Dewey Beach, Delaware U.S. Army Corps of Engineers, Phila Contract No. W912BU-04-C-0035 Wanamaker Bldg. 100 Penn Sq. East Amount $ 10,324,560.00 Ph11adelphla, pA lYlU/-3390 H. 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. See Attached l'li:: r 1 OM CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Beach Renourishment BID NO. 05-3854 Full Name of Bidder GREAT LAKES DREDGE & DOCK COMPANY \ J...L ~ Main Business Address 2122 York Road Place of Business Oak Brook. IL 60523 Telephone No. 630-574-3000 Fax No. 630-574-3472 State Contractor's License # N/ A 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 .-t and Bonds, and the Contract Drawings and Specifications, including Addenda issued thereto and acknowledges receipt below: Addendum Number Date Issued Contractor's Initials #1 6/20/05 ~;;/ 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: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your bid pages. GC-P-1 000405 , 10M Bid Item No. Units Unit Price Subtotal BASE BID - Construct Beach Fill Hydraulically 1. Mobilization/Demobil ization 1 L.S. $2,329,057.00 $2,329,057.00 3. Payment and Performance Bond 1 L.S. $133,418.00 $133,418.00 Beach Fill 4. Dredge Sand from Borrow Area, Place and Grade at Vanderbilt Beach (R22.5- 95,337 C.Y. $24.09 $2,296,668.33 R31) 5. Dredge Sand from Borrow Area, Place and Grade at 59,812 C.Y. $27.14 $1,623,297.68 Pelican Bay (R31-R37) 6. Dredge Sand from Borrow Area, Place and Grade at 25,705 C.Y. $27.42 $704,831.10 North Park Shore (R43.5-R48) 7. Dredge Sand from Borrow Area, Place and Grade at 132,491 C.Y. $22.56 $2,988,996.96 Park Shore (R48-R54.5) 8. Dredge Sand from Borrow Area, Place and Grade at 312,049 C.Y. $26.06 $8,131,996.94 Naples Beach (R58A-R79) 9. Beach Tilling - Deleted Deleted Deleted Beach Fill Subtotal $ 15,745,791.01 Environmental Monitoring 10. Set Buoys for Pipeline Corridor P1 , 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 11. Set Buoys for Pipeline Corridor P2, 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 12. Set Buoys for Pipeline Corridor P3, 1 L.S $8,243.00 $8,243.00 Pumpout & Booster Locations 13. Set Buoys for Pipeline Corridor P4, 1 L.S $0.00 $0.00 Pumpout & Booster Locations 14. Turbidity Monitoring 1 L.S. $170,058.00 $170,058.00 Environmental Monitoring Subtotal $194,787.00 Offshore Sea Turtle Monitorina (Ho >oer Dredge onlv) 15. Mobilization/Demobilization Turtle 1 Event $3,642.00 $3,642,00 Trawler 16. Relocation Trawling 5 Day $3,500.00 $17,500.00 17. Endangered Species Observer 1 L.S $52,117.00 $52,117.00 Sea Turtle Trawling Subtotal $73,259.00 BASE BID - TOTAL $ 18,476,312.01 _1/ Collier County Beach Renourishment Bid No. 05.3854 Schedule of Bid Items ~~ ~ 10M .-- Collier County Beach Renourishment Bid No. 05-3854 Bid Item No. Units Unit . Subtotal Price BASE BID - Construct Beach Fill Hydraulically 1. Mobilization/Demobilization 1 L.S. t., 931, "11.." 'Z. f3/ 42,..,.,,4 3. Payment and Performance Bond 1 L.S. 147 Qlf'( 1'17 Q4/4(. 4/.:) Beach Fill 4. Dredge Sand from Borrow Area, Place and 1 09 ,119 C.Y. 1.,L/ . >Go 1.., (P5~, fYI. '&tf Grade at Vanderbilt Beach (R22.5-R31) 5. Dredge Sand from Borrow Area, Place and Grade at 63,209 C.Y. ~ 7.'-1( I) 732., S~.G:>~ Pelican Bay (R31-R37) 6. Dredge Sand from Borrow Area, Place and Grade at 45,714 C.Y. 1.. 7. ~q I. "2..<"5) 1~.4<c. North Park Shore (R43,5-R48) 7. Dredge Sand from Borrow Area, Place and Grade at 140,021 C.Y. 1.:z.. <E 1 "5, I q (",1 <.,7'1."(3 Park Shore (R48-R54.5) 8. Dredge Sand from Borrow Area, Place and , Grade at 31 5,188 C.Y. ~~. 35 <t, "l. q-a, qoo. OJ.( Naples Beach (R58A-R79) 9. Beach TillinQ 45,670 L.F. o. "7"2- 1.'1., <'l~,."'O Beach Fill Subtotal $ II ''W q-go. oc.- Environmental Monitoring 10. Set Buoys for Pipeline Corridor P1, Pumpout & 1 L.S ~'{3 Booster Locations ~.~ '1-<13. /JC 11. Set Buoys for Pipeline Corridor P2, Pumpout & 1 L.S Booster Locations <12.1.13 ~, 24"3.(I() 12. Set Buoys for Pipeline Corridor P3, Pumpout & 1 L.S Booster Locations <:t7.- "'3 '8,'2-43.00 13. Set Buoys for Pipeline Corridor P4, Pumpout & 1 L.S Booster Locations 0 O.C\o 14. Turbidity Monitoring 1 L.S. I '" ~'1i{ I~ S9+,.l7.. Environmental Monitoring Subtotal '2./~ '3 ~3.C/O Offshore Sea Turtle Monitoring (Hopper Dredge onlv) 15. Mobilization/Demobilization Turtle Trawler 1 Event "3 6L('1-, 5, '-'4i2. .O~ 16. Relocation Trawling 5 Day 3so0 17 S'O<J.~ 17. Endangered Species Observer 1 L.S !:'i,rr"l.. 5'8, 11f~.t:\C> Sea Turtle Trawling Subtotal $ 79 '32.<I.~ BASE BID - TOTAL $ 201 41S~ 999. IX Schedule of Bid Items GC-P-2 , 10M MATERIAL MANUFACTURERS The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall furnish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL MANUFACTURER 1. No Contractor supplied material required to complete beachfill. Beach- Dated July 7, 2005 Great Lakes Dredge & Dock Company Bidder BY: .w//:?A--. W.F.Pagendarm Vice President GC-P-3 I- 1 OM LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior . written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors 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. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of cOntract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Cateqorv of Work 1. Endangered Species Observers Subcontractor and Address Coastwise Consulting 2. Turtl e Trawl i ng 173 Virginia Ave., Athens, GA 30601 Same as Above 3. 4. 5. Dated July 7, 2005 BY: Great Lakes Dredge & Dock Company Bid~ ~;;6 ~~~ W.F.Pagenda m Vice President GC-P-4 ..; 1 OM 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 Ag reement. Proiect and Location Reference 1. See Attached "Major Projects" list 2. 3. 4. 5. 6. Dated 7/7/05 BY: Great Lakes Dredge & Dock Company Bidder 4v'~./~_", W . F . Pagenda Vice President GC-P-5 ~ 1 OM TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. No Trenching Anticipated on this Project 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Dated 7/7/05 Great Lakes Dredge & Dock Company Bidder BY: ~/~~ W.F.Pagendarm Vice President GC-P-6 , 1 OM 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 one hundred fifty-one (151) 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 one hundred sixty-five (165) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of III i noi s County of nil PrlgE' W. F; Pagendarm, Vice President , 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. Great Lakes Dredg e & Dock Company , 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. GC-P-7 , 1 OM - (a) Corporation The Bidder is a corporation organized and New Jersey ,which operates r,rpat Lakes Dredge & Dock Company officers are as follows: existing under the laws of the State of under the legal name of I and the full names of its President Douglas B. Mackie Secretary Les 1 i eA. Braun Treasurer Deborah A. Wensel Manager The Vi ce Pres i dent is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken September 21, 1992 I a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, sa id trade name is DATED legal entity GC-P-8 , 1 OM Great Lakes Dredge & Dock Company 2122 YORK ROAD OAK BROOK, IL 60523-1981 630574-3000 FAX 630 574-2980/2981 TELEX 254441 GRATLAK eGO EXTRACT FROM THE RECORDS OF GREAT LAKES DREDGE & DOCK COMPANY WILLIAM F. PAGENDARM is hereby authorized to sign all bids, estimates, contracts, contract modifications, payment estimates, payment invoices, final invoices, releases and all other agreements, documents or other forms necessary to secure, perform and finalize contracts and contract modifications, for and on behalf of the Company together with all bonds and other obligations necessary to secure the performance thereto, and when so signed same shall be in full force and effect and binding upon this Company. I, LESLIE A. BRAUN, DO HEREBY CERTIFY That I am the Secretary of Great Lakes Dredge & Dock Company, a corporation of the State of New Jersey, and that as such Secretary; I DO HEREBY FURTHER CERTIFY That the above and foregoing is a true copy of a portion of the minutes of a meeting of the Board of Directors of Great Lakes Dredge & Dock Company held on the 21st day of September, 1992, that the above resolution now appears of record in the record book of said Company, and has not been in anywise altered, amended or repealed and is now in full force and effect. cd-,2L~{) . .tUui-t-t---- Leslie A. Braun Secretary July 7, 2005 Date Subscribed and sworn to before me ~ "OFFICIAL SEAlN = LILIA WICHERT '=: COMMISSION EXPIRES 04/22/08 this 7 day of Ju 1 y , 2005. ~w?~ Notary Public .- lit ;ILL Witness ~J~ STATE OF III i noi s COUNTY OF Du Page and did (did not) take an oath. ". 1 OM BY: \oJ F PrlgE'nnrlrm Name of Bidd~TYPed) ~~~~~~--- Sigmlture Vice President Title 2122 York Road Oak Brook, IL 60523 Incorporated in New Jersey My Commission Expires: j - / o-;}, 00 / (AFFIX OFFICIAL SEAL) ~ OFftCtAL SEAL SUSAN M WILI.IAMS NOTARY P\J8l.1C. STATE ~ Il.LIIOlS ~ MV COMMISSION EXPtR;:S:03I1. r GC-P-9 Notary Public, State Of.J III h 0 l S Commission No.: ~/";,A!. . ~ :!,,!'J;-"- -iA32 A,::J'HC .:~MA, 1.J1W \t, ;:;,tdC i~;.t;' '~F$- .~ f .....-;:, " ~~r .~_." :8 ;,.;.)1 ~ 1 OM BID BOND (See Attached) KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of firmly bound unto the (hereinafter called the Owner), in the are held and full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as Collier County Beach Renourishment Bid No. 05-3854 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 $ 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-10 ~. 1 OM IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 2005. Principal BY (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for GC-P-11 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BID BOND Hartford, Connecticut <<183 10M _.roW ALL MEN BY THESE PRESENTS, That we, Great Lakes Dredge & Dock Company 2122 York Road Oak Brook, IL 60523 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the state of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto Board of County Commissioners Collier County, Florida as Obligee, hereinafter called the obligee, in the sum of FIVE PERCENT OF BID PRICE (5% ) Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Collier County Beach Renourishment hJ.OW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with , Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 8th day of July, 2005. bILl tL { (witness) " Great Lakes Dredge & Dock Company BY~...-{/&",~~",~ '-' W.F.Page arm, Vice President By: COMPANY OF AMERICA TRAVELERS CASUAL Printed in cooperation with the American Institute of Architects (AlA) by Travelers Cas/Nllty and Surety Company of America. The language in the document filJl.iforms exactly to the lang/Nlge used in AlA Document A310, Febr/Nlry 1970 edition. ~ 1 OM NOT~ACKNOWLEDGEMENT STATE OF ILLINOIS COUNTY OF WILL On this 8th day of July, 2005 before me Sheri L. Macon a Notary Public of the State and County aforesaid, residing therein, duly commissioned and sworn, personally came Thomas J. Ptacek, to me known, who being by me duly sworn according to law, did depose and say that he resides in Illinois: that he is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that he signed this name thereto by like order: that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 8/30108 ~~n~~ ~ - 4 l OFFICIAL SEAL SHERI L MACON NOTARY PUBUC . STATE OF IUJNOIS MY COMMISSION EXPIRES AUG 30, 2008 IN WITNIlSS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF LCA. LOI CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Seo1or Vice President and their corporate seals to be hereto affIxed this 25th day on May, 2004. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMlNGTON CASUALTY COMPANY /<:7'~;J~ - By, George W. Thompson Senior Vice President On this 25th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Seo1or Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS cASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office tmder the Standing Resolutions thereof. ~~ Co ~ My commIssion expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and CertifIcate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 8 th day of July ,2005 ~.M-r--P'- . . By . .~ Karl M. 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'lVfiSV;) Slnn:!L\ V1U ~ 10M ~SM -Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ~ 10M 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: .L 1. 2. 3. 4. 5. 6. 7. The Bid has been signed. The Bid prices offered have been reviewed. The price extensions and totals have been checked. The payment terms have been indicated. Any required drawings, descriptive literature. etc. have been included. Any delivery information required is included. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. Any addenda have been signed and included. The mailing envelope has been addressed to: 8. 9. Purchasing Director Collier County Government Center Purchasing Building 3301 Tamiami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: <:>Bid Number; <:>Project Name; <:>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET W.F. Pagendarm Bidder N~me 4(4 ,.. Signature itle Grea t Vice President Lakes Dredge & Dock Company DATE: July 7, 2005 2122 York Road Oak Brook, IL 60523 Incorporated in New Jersey GC-P-12 JI' 1 OM <- Pre-Bid Information Collier County Beach Renourishment Collier County Bid No. 05-3854 C) Eauioment Schedule 2 - 3,600 cubic yard Trailing Suction Hopper Dredges 1-2 3,600 hp Booster(s) 1-2 Tending Tugs (Approx. 1,000 hp) 1 Derrick Barge 1 40' Crew / Survey Boat 2-3 D7 Dozers 1 Cat 966 Front End Loader GLDD does not anticipate renting equipment other than possibly tending tugs. A5 ()-Ikr~~ ~""'~p~~ UJL l.4JolA.-I.I.... ("'e.pJa..~~ fJ....1l. -I4.J.:J f/dfp df~,es wl'H... 1-3~11 ,-u.-..Il~r dru'''JL t/-, 77...00 '-I( 51.0l.VfJ j- h.I'~;^cu../;,- 5~w (.,c..",lo...d.L, ~ 2.-3 I~, boa.i1 (dJ)~I'~~. Zf'otO t.....' D) Key Personnel f r /.J Project Manager: David Johanson Project Engineer: Timothy Kremer See attached resumes. .. 1 OM CURRICULUM VITAE Name: David Jeffrey Johanson Date of Birth: May 28, 1971 Nationality: American Profession: Civil Engineer Education: BS Ocean Engineering Virginia Polytechnic Institute & State University, 1994 Blacksburg, VA Experience: 2000-Present Project Superintendent Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL Responsible for all field operations on maintenance dredging and beach renourishment projects. Overall project management, engineering, sUrv'eying and supervision of dredging and beach fill operations. Immediate supervision of engineering staff and dredge crew. Coordinated maintenance and repair activities as required. Proposed and implemented new techniques and equipment for a more cost-effective operation. Primary dredging projects include: Wilmington Harbor realignment - Ocean Bar I - New Work, Columbia River Bar - Maintenance Dredging 1999-2000 Project Manager / Division Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL Superv'ision of engineering and operations staff on multiple dredging projects. Implement work methods to most efficiently complete various channel maintenance, channel deepening, land reclamation, and beach renourishment hopper dredging projects. Involved in preparation of estimates, submittal of tender documents, bidding, contract negotiations, claims, and various administrative duties. Responsibilities encompass numerous domestic U,S. Army Corps of Engineers and Private contracts. 1996-1999 Project Superintendent Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL 1995-1996 1994-1995 .' 10M Responsible for all field operations on maintenance dredging and beach renourishment projects. Overall project management, engineering, surveying and supervision of dredging and beach fill operations. Immediate supervision of engineering staff and dredge crew. Coordinated maintenance and repair activities as required. Proposed and implemented new techniques and equipment for a more cost-effective operation. Primary beach renourishment projects include: North Myrtle Beach, South Carolina, Myrtle Beach, South Carolina, Sandbridge Beach, Virginia, Surfside and Garden City, South Carolina, Arcadian Shores, South Carolina, and Belmar to Sea Girt, New Jersey. Primary dredging projects include Port Royal and Georgetown, South Carolina, Wilmington and Morehead City, North Carolina, and Matagorda, Texas. Project Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL In charge of engineering staff and activities including hydrographic and land surveys, equipment positioning and control, quantity computations, scheduling, production monitoring and reporting, and subcontract management. Responsible for all quality control on projects. Primary Beach Renourishment Projects include Fort Pierce, Florida, Jupiter Island, Florida, Captiva Island, Florida, North Myrtle Beach, South Carolina. Primary dredging projects include Georgetown, South Carolina, Mississippi River, Louisiana, Virginia Beach, Virginia, and Gulfport, Mississippi. Field Engineer Great Lakes Dredge & Dock Company, Hopper Dredge Division NATCO Limited Partnership Oak Brook, IL Performed hydrographic and land surveys, recorded daily production, installed and interfaced positioning and depth recording devices, quantity computations, and basic computer programming. Primary projects include LaGuardia Airport Extension, New York, Westport, Washington, Savannah, Georgia, Brunswick, Georgia, Mississippi River, Louisiana, and Virginia Beach, Virginia. ;: 1 OM TIMOTHY.I(REMER EDUCA. nON Michigan Technological University . B.S., Environmental Engineering, February 2000 . F.E. Licensing exam completion April 2000 Houghton. MI EXPERIENCE Great Lakes Dredge & Dock Co. Prqject Engineer (Current Title) - 11/98 to 9/99 -- 11/00 to Present . Recent Pr~ieds: ~ P.E. - Hidd, Bahrain (Current Assignment) - Approx. 26,000,000 CY Land reclamation project o Manage dredging and fill placement of 4 dredges (2 Cutter Suction, 1 Hopper, 1 Clamshell Dredge) o Plan and coordinate project operations between multiple sub-contractors o Directly oversee survey and engineering staff of various nationalities Oak brook, II. ~ P.E - Pine Knoll Shores, NC - 8 mile bcach rcnourishment project o Project mobilization and layout/ dcsign o Manage dredging and fill placemcnt for 3 hopper dredges Y Asst. P.E. - San Diego, CA - 12 Beach, 2,000,000 CY beach renourishment project . Extensive hydrographic and land survey data collection and processing . Project design and layout for large scale land rcclamation projects . Detailed production analysis and reporting Andrews Environmental Engineering, Ine. Warrenvillc, II. Contract Field/ Design Engineer - A1cry 2000 to N01Jember 2000 . Watershed analysis and drainage design . Geosynthetic materials testing and inspection for hazardous waste disposal facility . Overall construction layout, survey, and inspection (nuclear density testing, sample collection, water monitoring) for solid waste handling / storage facilities Michigan Department of Transportation Co-op - Summer 97/98 . Conducted survey of districts drainage pipe and compiled data for required modifications . Led survey crew for project cross-sectioning and wetland mitigation surveys . Performed materials sampling and testing (gradation, loss by wash, nuclear density testing, concrete testing) . Set out, inspection, and contract administration for multiple construction projects Newberry/Houghton. MI OTHER Computer Proficiencies -AutoClI.D 2002, Autodesk Land Development 2002, Hypack 8.9 & Max, CORPSCON, ?viicrosoft Officc 2002, Visual Basic Programming for Excel, Stella, MINEQUEL+, Suretrack, TDS Survey Works, basic computer networking/interfacing knowledge, experience in radio telemetry of data Licensing/ Certifications . 40 Hour OSK'\. Hazwopper Training (License in Lapse) . Troxler Radiation Safety Training . Materials Sampling / ,'\.ggregate Testing Certification (:Niichigan DOT) . CS Army Corp of Engineers Quality Assurance/Quality Control Certification FAX ((,:111) 574 -II 2:12 . lj-L( j( i':rvl r: 1(li:.~_(iLJ2lLL. () ill 2122 YURK RD' OAKBRUOK.]L (,()52:1' PlIONE ((>:111) 574 :1111111 "'0 '" (JQ (1) o ..., w v. (')cn.....cn(') g~~~~ S~Ul'lj"g (') S c:...... 0 .......("Dcn~~ 1Oc:..::I....(')t'l ..... S ....... '"1 ...... H '" 0 Ol (/) .... , - Ol (') qg g: ~ (').... 0 ::I' ~O> S?~ , 2'! 10 (/}.... 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"0 0 0\ II f .0 ::s- o P '" 0 P .0\ ...c.... --~ 0 J::O P 0 P 0 ..... 0 to; I-A. 0 0 0 0 0 0 .!!.aOO 0 00 0 0 0 .... ,- CHAHTI!:UI';U IA6:2 Nl1l'l UgH: ltJpetulth ~o~_ {/)l1JtIl 21.50' ~ lli ~ ~ I ~ ~ ~ ~. ~ I~ ~ li~ ~ t t 8006571 ~~1]I'IRt~~~~ ~. ~.~'$~.iI!If.l(!!'{\fJJI1(i)~r DODGE ISLAND (~. NEW YORK, NY, UNITED STAT~S ()F AMERICA {l)e8c'vjJtiO/l/ SUCTION HOPPER DREDGER {l)unenf~'itHM\ -?e'llJ/j,/ 265.33' ...%nnqge~ ,r;;Y),j~~" 2820 {9uHler DODGE ISLAND CORP. (fhtjJ6uiltlep SOIJTHERN SHIPBUILDING CORP, 6'<19ine' {lJui!tle,<< GENERAL MOTORS CORP. C?/ea,.~q/:C;j'Juikt 1980 /71111l<<-/\/{"'Jl6e,C 120 . /\fel 846 Unattended Hours = 24 ...97118/ t8 t~ (k,'{!fij' thai; me' a600e ha,~~ 6een/ fVllPOrljed l/lllCC~H'{ltu/.(.'e' Ulli!'" the f7lllk~~o/' tllI;~ aJlf/Y!illI' wut enfe/V!~t l/t the l7lectJ/'d lfJlM/ m.e 6Z,1&Y, tI4 A1, Dredging Service, tI4 AMS, tI4 ACCU 09 M3Y 2005 Issue Date ~~.~ Chief Surve)'or/Director of Classification 28 Febf\JePy 2919 Expiration Date ze~~ Assistant Secretary NOTE: ThiS certificale evidences compliance wilh one or mort-ofl/", Hull'S, (;uides, slandards or olhercrileria of American Bureau of Silipping and is issued solely for Ihe use uf Ihe Bureau, ils cummiuees, il! clients or OIher alll/lOrized entilies. TiI~ classification certificale is a represmlation only Ihallhe vessel, slmclure, ilem of malt-riai, equipmem or machiller}' '" an}' OIher ilem coverC'd b}' Ihis cerliJical" has mel one or more o/Ih" Rules 0/ American Bureau of Shipping, TlceUrlifiCIII" is go.",.""d by rice re,1IIS Illld cOIIditiolU on lice unr", si. ,"reo/. and gO\'emed b}'lhe Rules and standards ojAmerican BI/reau of Shipping who shall remain lire sole jud!(e Ihereof !-\\IERICAN RANK MlrE COMP:\NY. - CHARTERED 1862 NUMBER 7708037 QiJGJI{Il~I!:~'_~ MANHATTAN ISLAND ('!f'!- NEW YORK, NY, UNITED STATES OF AMERICA {l)e&C/~ DREDGER qg~~Uf9th/ g-on~ I7ro6&' {J.,nner- NORTH AMERICAN TRAILING COMPANY 265.00' f!lJreadLIt' 52.00' J\tep 1779 q;~ 21.50' 2385 ~ SOUTHERN SHIPBUILDING CORP. {}~ rLJuiIder GENERAL MOTORS CORP. c?leDr'l!fiCJJ.udd 1977 ,~unWer- 117 f7lu&i&to- (ler{!/jptha/;t.lwa6of}~Iuz&~.~iJrp~w-it/v theJ7luLe&p/t/u:& a1tUelZU/and~iJrptlw!7lecordw-it/vt.lw (lks&- III Ai, Dredging Service, III AMS, III ACCU "8 6l.g..d 700' b'U~ ~-..-tI- Chief SurveyorlDirec r of ClassIfication 30 ~I 2007 xplration Date 2e z:t ~_,~- Assistant Secretary NOTE: This certi/lCtllr ff'ridrn<<s compIltuICe with one or ""'" of. R. GIddn, #lUldtuds I" DIMF crltrrifl of Amrriam B_ of SJlippillg D1Jd il iuurd MMIy II" 1M IlSP of tire S_N, Itl commiltMl, /IS cIinru ar 01"" IIIIIIJorizrdlfllllla. TM dtUSV/anltNI certU!ctlIr Is a repre~lon only thot tire PaMI. JtnJt:tvrr, Item of 1/IIIterla/, ~ ar m<<hlllf/ry or a..yodrer Item crner<<l by this certlllCfllr Iuu ""' _ar mt1rf1 oftlw R_ of AmrrltIUt S- ofShiwInI. n.~ II ~.",.. ttt..-IIIIIII~"..,.. _ -'lnw/. and ftJM'Md by the Rules Il1Id SUDullzTds of Amrriam B_ of Shlppm, who slulll mJIlli1l rAr lClr illdpl/utmJf. AM.-.c:uur.... ......~..A ""." ." ;(;. 1 O~ CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Great Lakes Dredge & Dock Company, LLC, ("Contractor") of, 2122 York Road, Oak Brook, IL, a New Jersey, Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier County Beach Renourishment, Bid No. 05-3854 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Coastal Planning and Engineering, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: [DESCRIBE IN WORDS] eighteen million, four hundred seventy-six thousand, three hundred twelve dollars and one cent ($18,476,312.01 ) GC-CA-1 ,. 1 OM Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of .100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and liQuidated Damaaes. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within one hundred fifty-one (151) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within one hundred sixty-five (165) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In GC-CA-2 . 10M such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, one thousand eight hundred twelve dollars and thirty-two cents ($1,812.16) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. GC-CA-3 ,. 10M G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: Exhibit L: Exhibit M: Exhibit N: Exhibit 0: Performance and Payment Bond Forms Insurance Requirements Release and Affidavit Form Contractor Application for Payment Form Change Order Form Certificate of Substantial Completion Form Final Payment Checklist General Terms and Conditions Supplemental Terms and Conditions Technical Specifications Permits Standard Details (if applicable) Plans and Specifications prepared by Coastal Planning and Engineering, and identified as follows: Collier County Beach Renourishment, as shown on Plan Sheets 1 through 43. Contractor's List of Key Personnel Stored Materials Record Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Gary McAlpin, Senior Project Manager Tourism Department 3050 Horseshoe Drive, Suite 218 GC-CA-4 .' 10M Naples, Florida 34104 Telephone 239-530-5342 Fax: 239-403-2404 E-mail: garymcalpin@colliergov.net All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Mr. W. F. Pagendarm, Vice President Great lakes Dredge & Dock Company, llC 2122 York Road Oak Brook, IL 60523 Telephone: 630-574-3000 Fax: 630-574-3472 B. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. GC-CA-5 r 10M Section 11. Governina Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time anyone or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Aareement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severabilitv. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Chanae Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Purchasing Policy and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence I n the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the GC-CA-6 110M Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. **** GC-CA-7 . 1 OM IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: ~s~~~<MA~ By: Great Lake~edge &rDOCk Co., LLC 4v:~~~/_____ W F. Pagendarm. Vice President Type/Print Name and Title Russell F. Zimmerman Type/Print Name ~~ t::/SECO~ITNESS Joan G. Sims Type/Print Name Date: -Ll"'---a-3"'--~05 Owner: ATTEST: Board of County Commissioners of Collier County Florida DWi~t~:~~J~~:0jerk . y/ ;,,{ :,~; " <'~:" B ,'./:;r;.~'(f/ 1) O.C. ... .. =.,.-- ! ~,\ t -. :A~; ... ' '::"'~ ' ~ APP~~~~..' ,..~t,...... and Leg'alt$@lgielicy: C~7n~ Print Name: Colleen n1. 6Yefflf.., Assistant County Attorney BY: '1uJ- w. ~ Fred W. Coyle, Chairma ....t, ',- GC-CA-8 . 10M EXHIBIT A PUBLIC PERFORMANCE BOND Collier County Beach Renourishment Bond No. 1 0 4 4 1 99 78 Contract No. 05-3854_ KNOW ALL MEN BY THESE PRESENTS: That Great Lakes Dredqe & Dock Companv, LLC I as Principal, and Travelers Casualty & Surety Company of America as Surety, located at One Tower Square, Hartford, CT 06183 (Business Address) are held and firmly bound to Board of Count v Commissioners, Collier County; * I as Obligee in the sum of Eightepn Million FOllT Hundred Seventy Six Thousand Three Hundred Twelve Dollars ($ 1 fiT 47 fi , i 1 2 _ 01 ) for the payment whereof we bond ourselves, our heirs, executors, & 1 / 1 00 personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th September 2005, with Obligee C.olliPT County Beach Renourishment in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. day of for THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, Including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes. extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. *Florida TPA#1953633.11 GC.CA-A-4 1 OM This instrument shall be construed in all respects as a common law bond. It Is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. F In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this 21 day of October I 2005, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL Great Lakes Dredge & Dock Company, LLC ~~. BY:db.'/4-4~~ Witnesses as . Ipal ' NAME: W.F. Pagendarm ITS: \/ice Pn>sident STATE OF III i noi s COUNTY OF Cook The foregoing Oc:tohpr Vice President Delaware personally known instrument was acknowledged before me this ~ day of , 2005, by W.F.Paqendarm , as of Great Lakes Dredge & Dock Company, L~C a corporation, on behalf of the corporation. He/she is to me OR has produced as identification and did (did not) take an oath. ~tu/~~ (Signature) Name: L 1(../';:; b.J I C ~ F,e.. -r (Legibly Printed) Notary Public, State of:--Z'.t.~/ AJ (U.5 Commission No.: My Commission Expires: (AFFIX OFFICIAL SEAL) TPA#1953633.11 GC-CA-A-5 ~' 1 OM ATTEST: SURETY: Travelers Casualty & Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 Thomas J. Ptacek, Attorney-in-Fact (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by , as of behalf of Surety. , a Surety. on He/She ;s personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: TPA#1953633.11 GC-CA-A-6 " 10M NOTARIAL ACKNOWLEDGEMENT STATE OF ILLINOIS COUNTY OF COOK On this 20th day of October, 2005 before me Elizabeth 1. Ptacek a Notary Public ofthe State and County aforesaid, residing therein, duly commissioned and sworn, personally came Thomas J. Ptacek, to me known, who being by me duly sworn according to law, did depose and say that he resides in Illinois: that he is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that he signed this name thereto by like order: that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 6/7 /09 WA - r~_fJ- ~ , OFACIAl SEAL EUlABETH J. PTACEK NOTARY PUBUC - STATE OF IWNOIS MY COMMISSION EXPIRES JUNE 7, 2009 10M IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 25th day on May, 2004. P" ;''-:"'.'. " STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ~~~.;~ -- By George W. Thompson Senior Vice President On this 25th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY A~ SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 'r<\~ ~ ~ My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRA VELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this October ,20 05 20th day of ~-tU-"'~ . By ~ Korl M. 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SNOSH3d 'I'IV MOIDI .L:JV~'NJ-(S)AaN'HO.L.LV ~O A.LIHOH.L11V ~O 3.LV:JUI.LH3:J aNV A:!INlIO.L.LV ~O H3A\.Od Z906-ES190 InJIlJ:lUU03 'PJoJJ.ll.lH XNVdW03 .A.~'IVnSV3 NO~~NIJ\rnV.!I XNVdW03 .A.~IDIns aNV .A.~'IVnSV3 SlI:!n:L\ V11.L V3nIID-\IV.!IO XNVdW03 A~ffiU1S aNV A~'IVnSV3 SlI3:'I:L\ V1U ~~ ,- Travelers ~ . 1 OM IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. I' 10M EXHIBIT A PUBLIC PAYMENT BOND Collier County Beach Renourishment Bond No. 104419978 Contract No. 05-3854 KNOW ALL MEN BY THESE PRESENTS: That Great Lakes Dredge & Dock Company, LLC , as Principal, and Travelers Casualty and Surety COmpany of America . as Surety,located at One Tower Square~ Hartford. CT 06183 (Business Address) are held and finnly bound to Board of County Commissioners, Collier' as Obligee in the sum of Eiqhteen Million Four'"'Hundred Seventy* county, ($18.476.3 J 2,...0 1 for the payment whereof we bind ourselves, our heirs, executors, Florida personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the 13th day of September 2005, with Obligee for Collier County Beach Renourishment in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. ~ THE CONDITION OF THis BOND is that if Principal: Promptly makes payment to aU claimants as defined in Section 255.05(1), Ronda Statutes, supplying Principal with labor, materials or supplies. used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any fonnalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of th,is Payment Bond, regardless of the number of suits that may be flied by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this 20th day of Betober 2005, the name of each party being affIXed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. *Six Thousand Three Hundred Twelve Doliars and 1/100 TPA#1953633.11 GC-CA-A-1 , 1 OM Signed, sealed and delivered in the presence of: PRINCIPAL Great Lakes Dredge & Dock Company, LLC C2'~ '- ....AA~ . ~ VVnnesses incipal BY: ~O{~ --~~--~ _ NAME: . . gendarm ITS.' Vice President STATE OF III i no i s COUNTY OF Coo k The foregoing instrument was acknowledged before me this 21 day of October 20~, by t~. F . Pagendarm . ,as Vi ce President of Great Lakes Dredge & Dock company, LLC I a Del aware corporation. on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: ~y;~ .m/,Led- ~~Notary) NAME: L I L./ .4 tv I t:!/f E.e / (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of -=zLv pO 15 Commission No.: ATTEST: SURETY: Travelers Casualty & Surety Company of America (Printed Name) One Tower Square Hartford, CT 06183 ~(~U~s iLdress " . '\J .. "-- ( uth~z d Signature) Thomas J. Ptacek, Attorney-in-Fact (Printed Name) TPA#1953633.11 GC-CA-A-2 (' , 10M OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2005, by . as of Surety, on behalf of Surety. He/She Is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of: Commission No.: TPA#1953633.11 GC-CA-A-3 , 1 OM NOTARIAL ACKNOWLEDGEMENT STATE OF ILLINOIS COUNTY OF COOK On this 20th day of October, 2005 before me Elizabeth J. Ptacek a Notary Public ofthe State and County aforesaid, residing therein, duly commissioned and sworn, personally came Thomas J. Ptacek, to me known, who being by me duly sworn according to law, did depose and say that he resides in Illinois: that he is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the foregoing instrument: that he knows the seal of said corporation: that it was so affixed by order of The Board of Directors of said corporation and that he signed this name thereto by like order: that he executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. My Commission Expires: 6/7/09 \ J-t/= OFACIAL SEAL EUZABETH J. PTACEK NOTARY PUBUC - STATE OF IWNOIS MY COMMISSION EXPIRES JUNE 7, 2009 ~ 1 OM IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 25th day on May, 2004. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY ~~~~~ -- By George W. Thompson Senior Vice President On this 25th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY Al'\ID SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hislher office under the Standing Resolutions thereof. 'f'<\ ~ C-~ My commIssion expires June 30. 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 20th day of October ,2005 ~-IU-,,/l. . By . ~ Korl M. 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V .10 AJ.nIOHJ.nV .10 3J.V;)UIJ.1I3;) aNV A3NlIO.LLV .10 lI3A\Od Z906.E8190 10:J!l:>3ooO;) 'pJoJl.l811 ANVdWO;) A.L'IVilSV;) NO.LDNIWlIVlI ANVdWO;) A.LIDIflS aNV ll'IVilSV;) SlIa'I:IA VlI.L v::mmWV.>10 ANVdWO;) X.LIDIflS <INV ll'IVilSV::> SlI3:'I3AVlI.L ~ 10M ~w -Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 900/0 of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. .. (~ J CERTIFICATE'OF:INS.uRAN~'E .' . "'. 11/1012005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEf\D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '"RUIJUCER: Jardine Lloyd Thompson, LLC COMPANIES AFFORDING COVERAGE 2 TranaAm PllIZII Drive, Ste. 370 COMPANY LETTER A American Home Assurance Company (AIG) Oakbrook Terrace, IL 60181 COMPANY LETTER B Signal Mutual Underwriting, Ltd. COMPANY LETTER C The West of England Ship Owners Mutual Insurance Association REF: 5218 COMPANY LETTER D NSUIU!D: COMPANY LETTER E Lloyds of London and London Insurance Companies Great Lakes Dredge & Dock Corporation, COMPANY LETTER F Great Lakes Dredge & Dock Company, LLC, COMPANY LETTER G and Its affiliates and subsidiaries COVERAGES . . ," , .. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSueD OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co I'Ol.ICY POLICY ALL AMOUNTalN THOUSANDS (In.unod .nd """Munodl LTft TYPI OF INSURANCE POLICY NUMIIR EI'JIICTIVE DATE EXPIRATION DATE OENERAL LIABIUTY GENERAL AGGREGATE 2000 :!JCOMMERCIAL GENERAL LIABILITY PROD-COMP OPS AGGREGATE 1000 A ~CATE OCC OR CLAIMS MADE: Occ. 1558129 10/112005 10/1/2006 PERS' ADV INJURY incl _ OWNER'S & CONTRACTOR'S PROT. EACH OCC. 1000 FIRE DMG inct - MED EXP. Inel ~OM08II.E LIABIUTY COMBINED SINGLE LIMIT: 1000 ~ ANY AUTO 8262172 (AOS) 10/112005 10/1/2006 BODILY INJURY (PER PERSON): Inel r-- ALL OWNED AUTOS A r-- SCHEDULED AUTOS 8262173 (MA) 10/1/2005 101112006 ~ HIRED AUTOS 8262174 (TX) 101112005 10/1/2006 BODILY INJURY (PER ACCIDENT): incl ~ NON-OWNED AUTOS PROPERTY DAMAGE: incl ,. f-- GARAGE LIABILITY EXCIN L1ABIUTY EA. OCCURRENCE: 4000 E P=i~THER THAN UMBRELLA FORM LH0547085 7/3112005 7/3112006 AGG: Der policy WORKER'S COMPENSATION STATUTORY X A AND 1346400(AOS) 10/112005 10/112006 EA. ACCIDENT. 1000 EMPLOYERS UABLITY 1346399(CA) 1 01112005 10/1/2006 DISEASE- POL LIMIT 1000 DISEASE - EA EMPLOYEE 1000 OTHIR B USLHWCA 60045 10/112005 1 0/1 /2006 Statutory C Pratectlon & IndemnItY / Crew liabilItY CJO.OI2541 P-1-20J0212005 212012005 212012OO6 Unlimited Der Club Rules ON OF OPERAnONS' LOCATIONS' VEHICLn , RESTRICTIONS' SPECIAL tTEMS Re: Contract No. 33117, Collier County Beach Renourishment. The certificate holder Is an additional Insured as their Interest may appear on a primary non- contributory basls. .:n HOLDIR , CANCB.LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Board of County Commissioners DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE Collier County, Florida TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE COMPANY, ITS AGENTS 3301 E. Tamiami Trail OR REPRESENTATIVES, Naples, FL 34112 AUTHORIZED REPRESENTATIVE: ) <,L j. Pt~ THOIIAS J. PTACIK 000076 7 () CERTIFICATE OF INSURANCE .... '-'" : 1 0/20/2005 -, THIS CERTIFICATE IS ISSUEDASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AJUCER: Jardine Lloyd Thompson, LLC COMPANIES AFFORDING COVERAGE 2 TransAm Plaza Drive, Ste. 370 COMPANY LETTER A American Home Assurance Company (AIG) Oakbrook Terrace, IL 60181 COMPANY LETTER B Signal Mutual Underwriting, Ltd. COMPANY LETTER C The West of England Ship Owners Mutual Insurance Association REF: 5218 COMPANY LETTER D NSURED: COMPANY LETTER E Great Lakes Dredge & Dock Corporation, COMPANY LETTER F Great Lakes Dredge & Dock Company, LLC, COMPANY LETTER G and its affiliates and subsidiaries COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY ALL AMOUNTS IN THOUSANOS (In.ured and lkllf.fn.unod) LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE GENERAL LIABILITY GENERAL AGGREGATE 2000 TICOMMERCIAL GENERAL LIABILITY PROD-COMP OPS AGGREGATE 1000 A ~CATE OCC OR CLAIMS MADE: Occ. 1558129 10/1/2005 10/1/2006 PERS I ADV INJURY incl OWNER'S & CONTRACTOR'S PROTo EACH OCC. 1000 - Incl - FIRE DMG MED EXP. Incl ~OMOBILE LIABILITY COMBINED SINGLE LIMIT: 1000 X ANY AUTO - 8262172 (AOS) 10/1/2005 10/112006 BODILY INJURY (PER PERSON): incl - ALL OWNED AUTOS A - SCHEDULED AUTOS 8262173 (MA) 10/112005 101112006 - ..2!... HIRED AUTOS 8262174 (TX) 10/1/2005 10/1/2006 BODILY INJURY (PER ACCIDENT): incl ..2!... NON-OWNED AUTOS - GARAGE LIABILITY PROPERTY DAMAGE: incl EXceaa LIABILITY EA. OCCURRENCE: ==iOTHER THAN UMBRELLA FORM AGG: WORKER'S COMPENSATION ITATUTOJItY X A AND 13464OO(AOS) 10/1/2005 10/112006 EA. ACCIDENT. 1000 EMPLOYERS LIABILITY 1346399(CA) 10/1/2005 10/112006 DISEASE - POL LIMIT 1000 DISEASE - EA EMPLOYEE 1000 OTHER B USLHWCA 60045 1011/2005 10/1/2006 Statutory C Protection & Indemnity / Crew liability 00-0/2541 P-1-20102/2005 212012005 2/2012006 Unlimited per Club Rules ION OF OPERATIONS I LOCATIONS I VEHICLES I RESTRICTIONS I SPECIAL ITEMS Re: Contract No. 33117, Collier County Beach Renourishment. The certificate holder is an additional insured as their interest may appear on a primary non- contributory basis. :rE HOLDER CANClLLATlON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Board of County Commissioners DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE Collier County, Florida TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS 3301 E. Tamiami Trail OR REPRESENTATIVES. Naples, FL 34112 AUTHORIZED REPRESENTATIVE: , I 1 \ " I, - ,I THOMM J. PTACIK EXHIBIT B INSURANCE REQUIREMENTS 1 OM (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self-insured retentions or deductibles under any of the below listed minimum required coverages, Contractor must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Contractor's sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverage's shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner and in the form set forth in Attachment I to this Exhibit B shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by Contractor evidencing the fact that Contractor has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of _ all insurance policies required shall be provided to Owner, on a timely basis, if requested by Owner. \5) The Contractor and/or its insurance carrier shall provide 30 days written notice to the Owner of policy cancellation or non-renewal on the part of the insurance carrier or the Contractor. Contractor shall also notify Owner, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (6) All insurance coverage's of the Contractor shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (7) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (8) Contractor shall require each of its Subcontractors to procure and maintain, until the completion of the subcontractors work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the Subcontractor are expressly waived in writing by the Owner. (9) Should at any time the Contractor not maintain the insurance coverage's required herein, the _.Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such GC-CA-B-1 ~ 1 OM - -:overage's and charge the Contractor for such coverage's purchased. If Contractor fails to reimburse Jwner for such costs within thirty (30) days after demand, Owner has the right to offset these costs from any amount due Contractor under this Agreement or any other agreement between Owner and Contractor. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (10) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the Owner, renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after to the date of their expiration. Failure of the Contractor to provide the Owner with such renewal certificate(s) shall be considered justification for the Owner to terminate the Agreement. (11) All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 11.1 All insurance policies, other than the Business Automobile and Workers Compensation policies, provided by Contractor to meet the requirements of this Agreement shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this Agreement and shall contain a severability of interests provisions. 11.2. Companies issuing the insurance policy or policies shall have no recourse against Owner for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of Contractor. 11.3. All insurance coverages of Contractor shall be primary to any insurance or self- insurance program carried by Owner applicable to this Project, and the "Other Insurance" provisions of any policies obtained by Contractor shall not apply to any insurance or self-insurance program carried by Owner applicable to this Project. 11.4. The Certificates of Insurance, which are to be provided on the form set forth in Attachment I to this Exhibit B, must identify the specific Project name, as well as the site location and address (if any). 11.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 11.6. All insurance policies to be provided by Contractor pursuant to the terms hereof must expressly state that the insurance company will accept service of process in Collier County, Florida and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court situated in Collier County, Florida. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes _ No GC-CA-B-2 J 10M '1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a, Worker's Compensation - Florida Statutory Requirements b. Employers' Liability $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee 2L $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. x Applicable 0 Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. x Applicable 0 Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes _ No (1) Commercial General Liability Insurance shall be maintained by the Contractor on an occurrence basis. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Limits of Liability shall not be less than the following: General Aggregate $ 300,000 Products/Completed Operations Aggregate $ 300,000 Personal and Advertising Injury $ 300,000 Each Occurrence $ 300,000 Fire Damage $ 50,000 --..- General Aggregate $ 500,000 GC-CA-B-3 Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage · 1 OM $ 500,000 $ 500,000 $ 500,000 $ 50,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." _. (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such ;overage shall be primary to any similar coverage carried by the Owner. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. x Applicable DNot Applicable (6) Aircraft Liability coverage shall be carried at limits of $10,000,000 each occurrence if applicable to the completion of the work under this Agreement. D Applicable x Not Applicable PROPERTY INSURANCE - BUilDERS RISK (1) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Amount as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, GC-CA-B-4 .. 1 OM - vhichever is earlier. This insurance shall include interests of the Owner, the Contractor, 3ubcontractors, Sub-subcontractors and Material Suppliers in the Worle (2) Property insurance shall be on an all-risk policy form and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood and windstorm insurance will also be purchased. (3) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-risk policy described above shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood or windstorm insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $5,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (4) This property insurance shall cover portions of the Work stored off the site after written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (5) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the _ Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors md Sub-subcontractors in the Work. (6) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Design Professional, and Design Professional's subconsultants, for damages caused by fire or other perils to the extent of insurance proceeds actually received by Owner under property insurance obtained pursuant to this Exhibit or other any property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (7) A loss insured under Owner's property insurance shall be adjusted by the Owner and made payable to the Owner for the insured, as their interests may appear. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? lL Y es _ No (1) Automobile Liability Insurance shall be maintained by the Contractor for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1 ,000,000 GC-CA-B-5 ~ 10M Bodily Injury & Property Damage - $ 2,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor and, if so, shall be in addition to and in excess of any Employers' Liability, Commercial General Liability, and Automobile Liability coverage's and shall include all coverage's on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying coverage due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. GC-CA-B-6 , 1 OM EXHIBIT C RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Flaida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 2005 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, materia~men, successors and assigns, that all charges for labor, materials, supplies, lands, Icenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of ,2005, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: TPA#1953633.11 GC-CA-C-1 Jill 1 OM EXHIBIT 0 FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) (County Department) Collier County Board of County Commissioners (the OWNER) or Collier County Water-Sewer District (the OWNER) Bid No. Project No. Application Date (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) FROM: RE: (Project Name) Original Contract Price: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ = Less Retainage $ Less previous payment (s) $ % AMOUNT DUE THIS % APPLICATION: $ Original Contract Time: Revised Contract Time: Retainage @ 10% thru[insert date] $ Retainage @ _% after [insert date] $ Percent Work completed to Date: Percent Contract Time completed to Date Liquidated Damages to be Accrued $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION :ONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or othelWise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name & Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) TPA#1953633.11 GC-CA-D-1 ~11' I n~rr I I I ~o. w::E 0.0 o li~ ~ ~ ~ ....-'00 ~~:;;o g05f- 11 ~ woo; ~~ Ow ........ 11I00; ::E ! ~ l; i~ u..~ f-~ .!.~i: 0 ~ ~ : --I~ ~ w UlW ..J zl-- Do 000; :;: i=~ J~ ~~ o oo;w ~ Ill.... :>00; I ~il ~r'l I I r l/) W I:J ....J <{ > .... o W ....J :J Ot- w :I: U l/) - ~l '0 Gl " C - c o U -- o f- ID ::; .. :I: _ U~I I~I o w -,w :>:> 0-' wOO; :x: > u Ul 1 I I I z 0 .... !!: ~ U III W 0 I 11 11111111 w ::E", W::E ,t,i I I I .. I . 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I ~ e- ~ ~ <'? <'? co <'? 10 0> ~ I- 1 OM EXHIBIT E CHANGE ORDER TO: Project Name: Bid No.: Change Order No.: FROM: Collier County Government Construction Agreement Dated: Date: Change Order Description Original Agreement Amount ................................ ........................... $ Sum of previous Change Orders Amount ................................ ....... $ This Change Order Amount ................................ ........................... $ Revised Agreement Amount ................................ ........................... $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments. if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department GC-CA-E-3 Authorized by Director Date: (For use by Owner: Fund Numbe~ ) Cost Center: Object Code: GC-CA-E-4 1 OM Project 1 OM EXHIBIT F CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: .- DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. TPA#1953633.11 GC-CA-F-1 1 OM The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,2005 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on__ ,2005 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on ,2005 OWNER By: Type Name and Tille TPA#1953633.11 GC-CA-F-2 10M EXHIBIT G FINAL PAYMENT CHECKLIST Bid No.: Contractor: Project No.: Date: ,2005 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Actual Date of Substantial Completion: Calendar Days. Final Completion Time as set forth in the Agreement: Actual Final Completion Date: Calendar Days. YES NO 1 . All Punch List items completed on 2. Warranties and Guarantees assigned to Owner (attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: (Company Name) (Signature) (Typed Name & Title) By Contractor: TP A#1953633.11 GC-CA-G-1 By Design Professional: By Owner: TPA#1953633.11 GC-CA-G-2 .,.. 1 OM (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) ~' 1 OM EXHIBIT H GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: TPA#1953633.11 GC-CA-H-1 1 OM those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. TPA#1953633.11 GC-CA-H-2 1 OM 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"), The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 12:00 a.m. to 11 :59 p.m., Monday through Sunday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. TPA#1953633.11 GC-CA-H-3 .' 10M 4.3 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each subsequent Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit O. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S.. the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.5 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until. final payment is due unless otherwise agreed to by the Owner. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner reserves the right to reduce the amount of the retainage withheld subject to the guidelines as set forth in the Owner's Purchasing Policy. 4.6 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. TPA#1953633.11 GC-CA-H-4 1 OM 4.7 Each Application for Payment shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.8 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.9 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. TP A#1953633.11 GC-CA-H-5 10M 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of TPA#1953633.11 GC-CA-H-6 tr. 1 OM substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. TPA#1953633.11 GC-CA-H-7 ~. 10. 8. DAILY REPORTS, AS-BUlL TS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 8.1.3 personnel; Soil conditions which adversely affect the Work; The hours of operation by Contractor's and Sub-Contractor's 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall TPA#1953633.11 GC-CA-H-8 10" faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. TPA#1953633.11 GC-CA-H-9 I OM 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit. for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or TPA#1953633.11 GC-CA-H-10 ~. 1 OM sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. Claims not settled by the aforesaid procedure, shall be resolved according to the Dispute Resolution Procedure copies of which are available in the County Attorney's Office or Purchasing Department. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor TPA#1953633.11 GC-CA-H-11 ., 1 OM or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour/ notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party TPA#1953633.11 GC-CA-H-12 1 OM for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation. equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances. rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be TPA#1953633.11 GC-CA-H-13 10M bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion TPA#1953633.11 GC-CA-H-14 ~ 1 O. of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attomeys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefor or re-Ietting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written TPA#1953633.11 GC-CA-H-15 · 1 OM notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefor. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if TPA#1953633.11 GC-CA-H-16 ~ 1 OM they find the Work acceptable and fully performed under the Contract Documents shall promptly issue a final Certificate for Payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner, Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct TPA#1953633.11 GC-CA-H-17 ~ 1 01 the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. TPA#1953633.11 GC-CA-H-18 1 OM 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Builder or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work TP A#1953633.11 GC-CA-H-19 10M as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject. to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager TPA#1953633.11 GC-CA-H-20 J. J. shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably TPA#1953633.11 GC-CA-H-21 1 OM encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: TP A#1953633 .11 GC-CA-H-22 F 10M 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not pennit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such TPA#1953633.11 GC-CA-H-23 10M meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.netlpurchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by TPA#1953633.11 GC-CA-H-24 1 OM appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 87-25, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. TPA#1953633.11 GC-CA-H-25 1 O. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: TP A#1953633.11 GC-CA-H-26 1 OM 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 34.1.2 34.1.3 34.1.4 34.1.5 34.1.6 34.1.7 34.1.8 34.1.9 34.1.10 34.1.11 34.1 .12 34.1.13 34.1.14 34.1.15 34.1.16 34.1.17 TPA#1953633.11 Subcontracts and Purchase Orders Subcontractor Licenses Shop Drawing Submittal/Approval Logs Equipment Purchase/Delivery Logs Contract Drawings and Specifications with Addenda Warranties and Guarantees Cost Accounting Records Labor Costs Material Costs Equipment Costs Cost Proposal Request Payment Request Records Meeting Minutes Cost-Estimates Bulletin Quotations Lab Test Reports Insurance Certificates and Bonds GC-CA-H-27 34.1.18 34.1.19 34.1.20 34.1.21 34.1.22 34.1.23 34.1.24 34.1.25 34.1.26 34.1.27 34.1.28 34.1.29 34.1.30 34.1.31 34.1.32 1 UM Contract Changes Permits Material Purchase Delivery Logs Technical Standards Design Handbooks "As-Built" Marked Prints Operating & Maintenance Instruction Daily Progress Reports Monthly Progress Reports Correspondence Files Transmittal Records I nspection Reports Punch Lists PMIS Schedule and Updates Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. TPA#1953633.11 GC-CA-H-28 · 1 OM EXHIBIT I SUPPLEMENTAL TERMS AND CONDITIONS If the project is not completed by May 1, 2006, liquidated damages will cease and the project will be completed after November 1, 2006, with the Contractor providing all additional mobilization, demobilization, out of pocket County expenses and regulatory permitting/compliance at the Contractor's expense and at no additional cost to the County. TPA#1953633.11 GC-CA-I-1 1 OM EXHffiIT J TECHNICAL SPECIFICATIONS I OM EXHmIT J TECHNICAL SPECIFICATIONS T ABLE OF CONTENTS PART I. INTRODUCTION 1. PROJECT DESCRIPTION.... ............... ........ .... ..... ....... .......... ..............................................J-l 2. SCOPE................................................................. ....................................................... ..........J -3 3 . SUBMITTALS AND NOTIFICATIONS SUMMARY .......................................................1-3 4. ORDER OF WO~ PROJECT SCHEDULE AND ACCEPTANCE SECTIONS ............1-4 5. PROJECT MANAGER, DESIGN CONSULTANT AND CONTRACTOR ......................1-5 6. PERFORMANCE OF WORK BY CONTRACTOR...........................................................1-5 7. SUPERINTENDENT. ... ......... ...... .......... ..... ... ........ .... .... ........ .......... .... .... ...... .... ...... .... ........1-6 8. PHYSICAL DATA ........ ......... .............. ................................ .......... ............... .................... ...J-6 9. SURVEY STANDARDS AND SURVEYOR QUALIFICATIONS ...................................1-8 10. AMERICAN BUREAU OF SHIPPING (ABS) CERTIFIED DREDGE FOR BEACH FILL PLACEMENT ...... .......... ........ ............... ......... .... ........... .......................J-8 11. NOTICE TO MARlNERS .... ........................ ................... .................. ...... ...... ......... ............ ..1-9 12. STATE AND FEDERAL PERMITS, EASEMENTS AND LICENSES.............................1-9 13. PROTECTION OF PROPERTY, WORK AND PERSONS................................................J-9 PART II. PAYMENT STANDARDS 14. PAYMENT FOR HYDRAULIC BEACH FILL PLACEMENT MOBILIZATION AND DEMOBILIZATION .................................................. ................ ..J-ll 15. PAYMENT FOR HYDRAULIC BEACH FILL PLACEMENT.........................................J-12 16. PAYMENT FOR BEACH TILLING AND BEACH SCARP LEVELING ........................J-17 17 . PAYMENT FOR TURTLE TRAWLING ............................................................................1-18 18. PAYMENT FOR TURBIDITY MONITORING AT DREDGE AND DISPOSAL............J-18 19. PAYMENT FOR BUOYING THE PIPELINE CORRIDOR, PUMPOUT AND BOOSTER LOCATIONS ................................................. ..........................................J-18 20. RIGHT TO REFUSE RECOMMENDATION FOR PAYMENT........................................1-19 21. FINAL ACCEPTANCE AND PA YMENT.......................~ ..................................................1-19 PART III. QUALITY CONTROL AND OPERATIONS 22. CONTRACTOR QUALITY CONTROL....... ... ........... ................ ....... ......... ...................... ..1-21 J-i ., 1 UM EXHffiIT J TECHNICAL SPECIFICATIONS TABLE OF CONTENTS (CON'T) 23 . DES I GN PROFES S ION AL............................. ................................................ .....................1 -23 24. FINAL CLEAN UP ............ .................... .......... ........... ............... .............. ....... ..... ... ... ...... ... .1-24 25. NIGHTTIME OPERATIONS ............ ..... ........... ........ ...... ...... .... ......... ..... .... ........................1 -24 26. CONSTRUCTION PLANS AND CONTRACT DOCUMENTS........................................1-24 PART IV. MATERIALS 27. CHARACTER OF MATERIAL....... ............ ...... ..... ............... .............. ......... ............. ..........J-25 PART V. EXECUTION 28. EXCAVATION. ....... ............... ......... ........ .............. ... ........ ... ....... ...... ...... ......... ........ ...... ......J-25 29. TRANSPORT OF EXCAVATED MATERIALS................................................................J-33 30. LAYOUT OF WORK FOR HYDRAULIC BEACH FILL PLACEMENT ........................J-35 31. HYDRAULIC PLACEMENT OF BEACH FILL................................................................1-37 32. WORK AREA ..... ....... ................ ............. ...... ....... ...... ............ ...... ...... .... ...... ........ .......... ......J-41 33. BEACH TILLING AND SCARP LEVELING ....................................................................J-42 34. PROTECTION OF EXISTING STRUCTURES FROM CONSTRUCTION ..........,..........1-43 35. QUALITY CONTROL REPORTING ... ....... ....... ...... ...... ........ .......... ........................... ...... .J-43 PART VI. ENVIRONMENTAL PROTECTION 36. SCOPE ............ ................. ........... .... ........ .......... .......... ..... ............................... ......................J-43 37. QUALITY CONTROL. .............. .... ............ .... ....... ....... ....... ..... .............. .................. ...... .... ..J-44 38. PERMITS...................................................................................... .............. ..........................J -44 39. SUBCONTRACTORS ........... ........ .......... ............. .... ...... ......... .............. ...... ..... ..... .... ..........J-44 40. NOTIFICATION .... ........ ........ ................ .............. .......... ......... ....... ...... ........ ........................J-44 41. TURBIDITY CONTROL AND WATER QUALITY MONITORING...............................J-45 42. MITIGATIVE ARTIFICIAL REEF ....................... .................. ............................................1-46 43. PROTECTION OF ENVIRONMENTAL RESOURCES....................................................J-46 44. POST CONSTRUCTION CLEAN-UP. .......... ..... .......... .......... ....... ... .......... ...................... ..J-54 45. RESTORATION OF LANDSCAPE DAMAGE..................................................................J-54 J-ii r. 1 OM EXHffiIT J TECHNICAL SPECIFICATIONS TABLE OF CONTENTS (CON'T) 46. MAINTENANCE OF POLLUTION CONTROL FACILITIES..........................................1-54 47. TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL AND ENVIRONMENT AL PROTECTION.....................................................1-54 48. FUEL OIL TRANSFER OPERATIONS............... ......... ........ ..............................................1-55 49. NOISE CONTROL. ...... ........................ .......... ........ ........ ...... ................. ..... ...... ......... ...........1-55 50. PUMPING OF BILGES ................................... ........ ..... ......... .................... ..... ............. ...... ..1-55 51. ENVIRONMENTAL PROTECTION PLAN ..................................................... ..................1-56 52. PERMIT TIME EXTENSIONS ......... .......................... .............. ......... .............. ........ ..... ......1 -57 PART VII. SAFETY REQUIREMENTS 53. SAFETY GUIDELINES ......... ............ .......................... ........... ............. ............... ......... ........1-58 54. ELECTRICITY.. ....... ...... ........ ..... .... ..... .......... ...................... ... ........................ ... ..... ..... ........1 -63 55. FIRE EXTINGUISHER-MOBILE CONSTRUCTION EQUIPMENT ...............................1-63 LIST OF TABLES TABLE 1 CONSTRUCTION FILL VOLUMES ................................................ .....................1-1 LIST OF FIGURES FIGURE 1 LOCATION MAP ...... ................... .......... ......... ........... .............. .......... ...... .......... ...1-2 1-iii J. V \11 10M EXHIBIT J TECHNICAL SPECIFICATIONS TABLE OF CONTENTS (CON'T) LIST OF APPENDICES I QUALITY CONTROL REPORT FORM II VIBRACORE LOGS FROM BORROW AREA T-1 III GRADATION CURVES FROM BORROW AREA T-1 IV SEDIMENT QAJQC PLAN V FILL DISTRIBUTION BY R-MONUMENT J-iv 1,(]1 EXHffiIT J TECHNICAL SPECIFICATIONS 'M PART I. INTRODUCTION 1. PROJECT DESCRIPTION. The project is located on the southwest coast of Florida bordering the Gulf of Mexico within Collier County, Florida. The project area stretches from one mile south of Wiggins Pass (R- 22) to one mile north of Gordon Pass (R-79). Beach fill will be constructed in three separate reaches along the north Collier County shoreline: (i) Vanderbilt Beach and Pelican Bay, (ii) Park Shore and (iii) Naples. The total volume of material is 673,000 cubic yards of beach quality sand from an offshore source to be transported to and placed over approximately 46,000 feet of shoreline. The project reaches, volumes and lengths are summarized in the following table and Figure 1. Appendix V shows the fill distribution. Table 1 Construction Fill Volumes ..... flRoJEC.t$~G.MENTANO PHASE:. .....FILF.. ......... .. :l~~To':': . ~IFT).... . . . . . . .. . ...... . . .".. ::.:....:TOTAL..:::: ........ ....... .",........ ..-. : <VOLUME:: . .:.(1. . .~). . .... ... ......Cy..... ... .. . . " ..... VANDERBILT BEACH R22.5 - R31 8,424 109,119 PELICAN BAY R31 - R37 6,578 63,209 NORTHERN PARK SHORE R43.5 - R48 4,921 45,714 PARK SHORE R48 - R54.5 6,338 140,021 NAPLES BEACH R58 - R79 19,408 315,188 TOTAL 45,669 673,251 J-l Co, \.:~ ~., ~.;: . \) ~} CAPTIVA -.......... \ PASS .......... YJ (1' NORTH N 8200>) ~ REDFISH _ ~ ~~:;~v;- A PASS ~ z~ _ ':;) BLIND ,~=; MONROE CO. "",,'-J,PASS ~ SANIBEL o 15000 :~~' (5. . ~~~ISL'AN - .~D CA~~S a I I 000 "~~) BAY~', GRAPHICSCALE IN FT 0 . ~~ ~ ~~~'\ ~STERO ISLAND N760000 \ VI~ ~ ~~~ ~ ~~ \ ~,.~ \lik<> \ Q, ~ ~~, LOVERS KEY L ""-", '\)0 ~ "\~~ ~ ~,~ ' (;~ \ 33'11.41 \~ ~ ~ L~S:t . ~" ~ ~ w o ~ w N Il20000 "- '.. '" ',,- "--- N 70??oo '--. ------------\ \ \ 9 MILE LIMIT / \ \ I \ GULF OF MEXICO N 640000 o o n N w ~ w NOTES: 1. COORDINATES HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 1983. 2. ELEVATIONS SHOWN HEREON ARE IN FEET BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929 (NGVD 29). 3. FILL WIDTHS NOT TO SCALE LEGEND: _ FILL AREAS Figure 1. Location Map J-2 10M ~ 1 TALLAHASSEE JACKSONVILLE PROJECT LOCATION ORLANDO A TLANTJC OCEAN BOCA RATON N.T.S. ! "' N 160000 VANDERBILT . BEACH ! \ .\ PELICAN BAY (' CLAM R4 PASS 0, DOCTORS R \PASS \ \ ( , (. ....1 ~.R80 R90 \ KEEWA YDIN ISLAND . ~ , \ I \ \ , \ \ \ \ \ ) \ 8 \ i:l \ ~ , M W W 10M The borrow area is located in Federal waters approximately thirty-three (33) miles to the northwest and offshore of the placement area and contains approximately 4.7 million cubic yards of sand. The renourishment project can be constructed using more than one procedure. The methods include use of a hopper dredge(s), cutterhead dredge(s) with a spider barge and scows (similar to the 1996 project), or a combination of the two. The County's desire is for hydraulically placed fill, and truck haul for any distance is not allowed. The dredge material shall be screened for rocks before the fill is placed on the beach. The potential for rock in the borrow area is low. Control of sand placement and the nearshore pipeline installation is mandatory to avoid and minimize nearshore hardbottom impacts. 2. SCOPE. The CONTRACTOR shall provide the dredge and support vessels, labor, equipment, supplies, and materials to perform all operations in connection with excavating, transporting, placing, dressing, grading, and tilling 673,251 cy of sand fill on the beaches as indicated in the Plans and required by the Contract Documents. 3. SUBMITTALS AND NOTIFICATIONS SUMMARY. The CONTRACTOR shall provide the following list of submittals and notifications to the DESIGN PROFESSIONAL: 3.1 Quality Control Reports. The CONTRACTOR shall provide a daily quality control report of the progress of the Work. 3.2 Unsuitable Material. The CONTRACTOR shall notify the DESIGN PROFESSIONAL of the discovery of any unsuitable material within the borrow area or fill area. 3.3 Volume of Rock and Debris. The CONTRACTOR shall report the volume of rock and debris removed from the dredged sand on the Daily Quality Control report. 3.4 Pre-Construction Video. Copies of the pre-construction structure condition video and or photography, and other documentation shall be provided prior to the start of construction. 3.5 Post-Construction Video. Copies of the post-construction structure condition video and or photography, and other documentation shall be provided after construction is complete. J-3 10M 3.6 Pre-Construction~ and Pre- and Post-Placement Surveys. The submittal of pre- construction and pre-/post-placement survey data is required. 3.7 Grade Stake Log and Recovery Plan. After the Notice to Proceed is issued, the CONTRACTOR shall submit a Grade Stake Recovery Plan acceptable to the DESIGN PROFESSIONAL and PROJECT MANAGER. The plan shall outline the steps that the Contractor will implement to recover all the stakes used on the project. This plan shall include the use of an inventory log that will be made available for review by the DESIGN PROFESSIONAL. Upon completion of the project, the CONTRACTOR shall furnish a final grade stake log to the PROJECT MANAGER. 3.8 Dredge MobilizationlDemobilization Notification. The CONTRACTOR shall notify the DESIGN PROFESSIONAL and PROJECT MANAGER of the date the dredge(s) and other equipment will be mobilized and demobilized. 3.9 Cultural Resource Discovery. The CONTRACTOR shall notify the DESIGN PROFESSIONAL of any discovery of cultural resources. 3.10 Misplaced Material. The CONTRACTOR shall notify the DESIGN PROFESSIONAL of any misplaced material. 3.11 Pipeline Leaks. The CONTRACTOR shall notify the DESIGN PROFESSIONAL of any submerged pipeline leaks. 3.12 Beach Monumentation Discrepancies. The CONTRACTOR shall notify the DESIGN PROFESSIONAL of any discrepancies found during the survey of the project monumentation. 3.13 Other Submittals. The Contract documents require other submittals. 3.14 Vessel Operation Plan. The CONTRAcrO R shall provide a plan to protect marine resources, avoid hardbottom and control his vessels. 4. ORDER OF WORK, PROJECT SCHEDULE AND ACCEPTANCE SECTIONS. 4.1 Order of Work and Project Schedule. The CONTRACTOR shall provide an order of work outline and project schedule to the DESIGN PROFESSIONAL and PROJECT MANAGER a minimum of seven (7) days prior to the pre-construction meeting. The order of work shall be generally north to south, and may be modified at the pre-construction meeting to accommodate local priorities. The project schedule shall indicate, at a minimum, start of Work, start of excavation, construction period, hydraulic fill placement completion J-4 1 OM date, beach tilling (if required), and completion of all Work. The CONTRACTOR shall propose the order in which the Work will be performed, including the anticipated progression of fill placement in each segment throughout the project area. 4.2 Acceptance Sections. Acceptance sections are defined as the portion of the renourished beach lying between two immediately adjacent pay profile lines which are approximately 100 feet apart. Once fill placement begins in an acceptance section, it must be completed before moving to the adjacent acceptance section, unless othetWise authorized by the DESIGN PROFESSIONAL. The spacing of acceptance sections can be increased by the DESIGN PROFESSIONAL, if proper control of fill placement is demonstrated by the CONTRACTOR during construction. 4.3 Dredge MobilizationlDemobilization Notification. The CONTRACTOR shall notify the DESIGN PROFESSIONAL and PROJECT MANAGER three (3) days in advance ofthe date the dredge( s) and other equipment will be mobilized and demobilized to and from the project area. 5. PROJECT MANAGER, DESIGN CONSULTANT AND CONTRACTOR The term CONTRACTOR is used in lieu of SUCCESSFUL BIDDER in this Exhibit. The DESIGN PROFESSIONAL will be subordinate to the PROJECT MANAGER, and the authority of the PROJECT MANAGER described in the General Terms and Conditions will not be diminished by any statement in this Exhibit. The DESIGN PROFESSIONAL will refer decisions to the PROJECT MANAGER when appropriate. Definitions are provided in paragraph 1 of the Instruction to Bidders. 6. PERFORMANCE OF WORK BY CONTRACTOR. 6.1 Contractor Participation in the Work. The CONTRACTOR shall perform on the site, and with his own organization, excluding subcontractors, Work equivalent to at least fifty-five percent (55%) of the total amount of Work to be performed under the Contract. If during the progress of Work hereunder, the CONTRACTOR requests in writing a reduction in such percentage, and the DESIGN PROFESSIONAL determines that it would be to the OWNER's advantage, then the percentage of the Work required to be performed by the CONTRACTOR may be reduced. In this situation, the DESIGN PROFESSIONAL will provide written approval of such reduction to the CONTRACTOR. The CONTRACTOR is responsible for providing and maintaining equipment which is in good working order for construction of the shore protection project. 6.2 Continuous Construction. The CONTRACTOR shall maintain at the project site and on the job, the materials, equipment and personnel required to continuously construct the J-5 10M project. Under no circumstances will the CONTRACfOR remove their dredge, equipment, materials, subcontractors, and personnel from the project site without the written consent of the DESIGN PROFESSIONAL, unless one or more ofthe following occurs: the project is complete; weather or sea state conditions require movement from the project site; a condition exists which threatens the safety and welfare of personnel or threatens equipment; repair or fueling of a vessel is required; or the time frame provided for project construction in the State of Florida or Federal permits has expired. 7. SUPERINTENDENT. A superintendent(s) of the CONTRACTOR must be at the spoil site (beach project area) at all times during project construction or otherwise make himself available to the DESIGN PROFESSIONAL at all times during project construction. Under no circumstances will project construction occur without the presence of a superintendent at the project site. 8. PHYSICAL DATA. Information and data furnished or referred to in the Contract Documents are furnished for the CONTRACTOR's information. However, it is expressly understood that the PROJECT MANAGER or DESI GN PROFESSIONAL will not be responsible for any interpretation or conclusion drawn therefrom by the CONTRACTOR. Likewise, the PROJECT MANAGER or DESIGN PROFESSIONAL will not be responsible for any information provided to the CONTRACTOR by any information agency or other party. The physical conditions ofthe borrow area sand resources indicated on the drawings and in the specifications are the results of site investigations by remote sensing techniques, bathymetric surveys, jet probes, and vibracore sediment sampler. When the indicated physical conditions are the result of site investigations by vibracore sediment sampler or probes, the sampling and probe locations are shown on the drawings. While the remote sensing survey, bathymetric survey, jet probes, or vibracore sediment samples may be representative of subsurface conditions at their specific respective locations and vertical reaches, variations in the characteristic of the surface or subsurface materials are possible. Should any questions or discrepancies arise, the CONTRACTOR should independently confirm the conditions. Vibracore samples are available for inspection by prior coordination with the DESIGN PROFESSIONAL. A minimum three (3) day advance notice to the DESIGN PROFESSIONAL is required to examine the vibracores. 8.1 Weather Conditions. The project area may be affected by tropical storms and hurricanes primarily from June through November, and by stormy and/or rainy weather, including severe thunderstorms, during any time of the year. The CONTRACTOR shall be responsible for obtaining information concerning rain, wind and wave conditions that could J-6 "'. 101 influence safety, dredging and disposal operations prior to making a bid. A list of publications containing climatological and meteorological observations and data for the project area is provided below. Other publications or information sources are available in addition to the following: 8.1.1 Local Climatological Data-Monthlv Summary published by the National Oceanic and Atmospheric Administration (NOAA), Asheville, NC. Subscription price and ordering information available from the National Climatic Data Center, Federal Building, Asheville, NC 22801. This publication gives hourly wind speed and direction observations. The Annual Summary gives a summary of the observations for the period of record. 8.1.2 Summary of Synoptic Meteorological Observations: North American Coastal Marine Areas Atlantic and G~lf Coasts. Produced by Naval Weather Service, U.S. Department of Commerce. Distributed by National Technical Information Service, U.S. Department of Commerce. 8.1.3 Wave hindcast data is available from "Wave Information Studies of U.S. Coastlines, Gulf of Mexico, Hindcast Wave Information" produced by the U.S. Army Corps of Engineers, Waterways Experiment Station, Coastal Engineering Research Center, http://frf.usace.anny.mil/wis/. 8.2 Land Access to the Project Site. The CONTRACTOR is responsible for adhering to all weight and traffic regulations on all roadways. 8.3 Boat Traffic and Local Inlets. Boat traffic in the near vicinity of the project fill placement area and borrow area will consist primarily of recreational, sight-seeing, fishing and commercial fishing vessels. Four passes are located within or adjacent to the project area, Wiggins Pass, Clam Pass, Doctors Pass, and Gordon Pass. Wiggins Pass and Doctors Pass provide small vessel access to unconnected inland waters. Clam Pass is not navigable. Gordon Pass is a federally maintained channel allowing access to Naples Bay and related waters. Redfish Pass and San Carlos Bay Entrance are the c1osestmajorpasses to the borrow area. 8.4 Obstruction to Navigation. The CONTRACTOR will be required to operate in compliance with pertinent U.S. Coast Guard regulations and to conduct the Work in such a manner as to minimize any obstruction to navigation. If the CONTRACTOR's dredge or other floating equipment so obstructs any navigation channel as to make navigation difficult or endanger the passage of vessels, said dredge or equipment shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the Work, the CONTRACTOR shall promptly remove the dredge and J-7 10M other floating equipment, as well as ranges, buoys, piles and other marks or objects placed in navigable waters or on shore. 9. SURVEY STANDARDS AND SURVEYOR QUALIFICATIONS. The CONTRACTOR'S surveying personnel shall be duly qualified and experienced to perform all required surveys in a manner satisfactory to the PROJECT MANAGER. A surveyor registered in the State of Florida shall be responsible for and certify all survey work. All surveys shall be in accordance with professional standards and practices. Hydrographic surveys shall be performed in accordance with EM 1110-2-1003 dated 1 January 2002 entitled "HYDROGRAPHIC SURVEYING". Survey notes shall be reduced to elevations, be neat, legible and in accordance with accepted practices and shall include the date performed, weather conditions, bench marks or monwnent used, name and title of each member of the survey party, and the name of PROJECT MANAGER's representative present. Survey notes lacking information, illegible, orin error, will be returned to the CONTRACTOR for correction. Surveying instruments shall be checked for adjustment at least once per week and such checks shall be recorded in survey notes and on the quality control sheet. 10. AMERICAN BUREAU OF SHIPPING (ABS) CERTIFIED DREDGE FOR BEACH FILL PLACEMENT. 10.1 Dredge Capacity. The CONTRACTOR agrees to keep on the job sufficient equipment to meet the requirements of the Work. The dredge(s) shall be in satisfactory operating condition, shall be reliable in its performance and capable of safely and efficiently performing the Work as set forth in the Contract Documents. The dredge(s) shall be of sufficient size and capacity to complete the Work in a timely manner, meeting or exceeding Contract Docwnent requirements for the construction time period. The dredge( s) addressed in the bid questionnaire is the minimum size and capacity which the CONTRACTOR shall place on the job unless a different size and/or capacity dredge is approved by the DESIGN PROFES SIONAL in writing, and its listing thereon is not to be construed as an agreement on the part of the PROJECT MANAGER that it is adequate for the performance of the Work. 10.2 American Bureau of Shipping Certification for Open Ocean Operation. The CONTRACTOR shall obtain any and all American Bureau of Shipping (A.B.S.) and U.S. Coast Guard dredge certifications and/or approvals required for the project described herein, which allow for the open ocean operation of the dredge(s). A copy of the A.B.S. or U.S. Coast Guard certifications and approvals must be provided to the PROJECT MANAGER and DESIGN PROFESSIONAL at the time of bid, demonstrating that the plant proposed for use on the project is licensed and certified to conduct open water (Atlantic Ocean) work. J-8 10M 10.3 No Reduction in Dredge Capacity. No reduction in the capacity of the dredge employed on the Work shall be made except by written permission of the DESIGN PROFESSIONAL. The measure of the "capacity of the dredge" shan be its actual performance on the Work to which these specifications apply, including its support equipment. The DESIGN PROFESSIONAL, at his discretion, may order a field test of the capacity of the dredge at the CONTRACTOR's expense. If the dredge, in the DESIGN PROFESSIONAL's opinion, is not of sufficient capacity to complete the Work in the contract time period, the DESIGN PROFESSIONAL may direct the CONTRACTOR to replace the dredge with a larger capacity dredge or bring an additional dredge. 11. NOTICE TO MARINERS. The CONTRACTOR shall issue a Notice to Mariners regarding the dredging and disposal operation immediately after the Notice to Proceed has been received. A copy of the Notice to Mariners shall be provided to the DESIGN PROFESSIONAL. 11.1 Should the CONTRACTOR, during dredging operations, encoWlter any objects on the ocean bottom, which could be a hazard to navigation, he will notify the u.S. Coast Guard, any other pertinent agencies and the DESIGN PROFESSIONAL immediately as to the location of said object and any other pertinent information necessary for the CONTRACTOR to put out a Notice to Mariners. 12. STATE AND FEDERAL PERMITS, EASEMENTS AND LICENSES. The PROJECT MANAGER has obtained the Florida Department of Environmental Protection permit, and will obtain the Collier County permit, and the U.S. Anny Corps of Engineers permit, and the MMS lease. Any other licenses or approvals required for the prosecution of the Work shall be secured and paid for by the CONTRACTOR. The CONTRACTOR shall obtain any and all approvals required to conduct work in the Gulf of Mexico. 13. PROTECTION OF PROPERTY, WORK AND PERSONS. 13.1 Protection of Property. The CONTRACTOR shall, at its own cost and expense, support and protect all public and private property that may be encountered or endangered in the prosecution of the Work herein contemplated. The CONTRACTOR shall repair to its original condition and make good any damage caused to any such property by reason of its operation, to the satisfaction of the PROJECT MANAGER and any owner, before the PROJECT MANAGER provides final payment to the CONTRACTOR. 13.2 CONTRACTOR Responsibility. The CONTRACTOR shall at all times guard the Work site or sites and adjacent properties from any damage whatsoever in connection with J-9 Vi 10M this Contract whether arising from direct operations under this Contract, theft, vandalism or any cause whatsoever. The CONTRACTOR shall at all times protect its own Work from damage; nevertheless, the CONTRACTOR is not responsible for erosion of beach sections previously accepted by the DESIGN PROFESSIONAL for payment. TheCONTRACTOR shall make good any and all loss, damage or injury to the Work, whether arising from direct operations under this Contract, weather or sea conditions, theft, vandalism or any cause whatsoever. The CONTRACTOR, however, will not be responsible for maintenance of beach sections previously accepted by the DESIGN PROFESSIONAL for payment. 13.3 Protection of Persons. The CONTRACTOR shall be accountable for any damages resulting from its operation during the performance of this Contract. The CONTRACTOR shall be fully responsible for the protection and safety of all persons including members of the public, employees of the OWNER, the DESIGN PROFESSIONAL and his employees, and employees of other contractors or subcontractors, marine turtle monitoring personnel in the area of the Work; also including people on floating equipment such as the dredge or other vessels. 13.4 Risk of Loss. The Work and everything pertaining thereto shall be performed at the sole risk and cost of the CONTRACTOR from commencement until final payment by the PROJECT MANAGER. Any specific references contained in the Contract Documents, including the Plans, that the CONTRACTOR shall be responsible at its sole risk and cost for the Work or any part thereof are not intended to be, nor shall they be construed to be, an exclusive listing of the circumstances in which the CONTRACTOR bears the risk of loss, but rather they are intended only to be examples. The CONTRACTOR, however, will not be responsible for restoration of beach segments accepted by the DESIGN PROFESSIONAL for payment. 13.5 Risk of Weather Events. All loss or damage arising out of the nature of the Work, or from the action ofthe elements, or from weather events, hurricanes, tropical storms, or from any unusual obstruction or difficulty, or any other natural or existing circumstances either known or unforeseen, that may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at its own cost and expense, including all fill placement which has not been accepted by the DESIGN PROFESSIONAL for payment. 13.6 No Claim Against OWNER or DESIGN PROFESSIONAL. The CONfRACTOR shall have no claim against the OWNER, PROJECT MANAGER or DESIGN PROFESSIONAL because of any damage or loss to the Work or CONTRACTOR's materials, equipment or supplies, including no claim for loss or damage due to simultaneous work by others, and the CONTRACTOR shall be responsible for the complete restoration of damaged Work to its original condition complying with the Contract Documents. Notwithstanding any other provision of this Contract, this obligation shall exist without J-I0 .IJ' .'. 1 OM regard to the availability of any insurance, either of the PROJECT MANAGER, DESIGN PROFESSIONAL or the CONTRACTOR. 13.7 Beach Erosion. The CONTRACTOR is not responsible for naturally occurring erosion of any accepted section of the beach fill after the DESIGN PROFESSIONAL has accepted it for payment. The CONTRACTOR is responsible for maintaining the beach fill until it is accepted by the DESIGN PROFESSIONAL, and to avoid preventable damage to sections that have been accepted by the DESIGN PROFESSIONAL. The CONTRACTOR is also responsible to grade and eliminate all beach scarps or cliffs in the entire fill area, regardless of DESIGN PROFESSIONAL acceptance, prior to being considered complete and eligible for final payment. PART II. PAYMENT STANDARDS 14. PAYMENT FOR HYDRAULIC BEACH FILL PLACEMENT MOBILIZATION AND DEMOBILIZATION. 14.1 Description. The work specified in this Section consists of the preparatory work and operations in mobilizing for beginning work on the project, including, but not limited to, those operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, and for the establishment of temporary offices, buildings, utilities, traffic control, safety equipment and first aid supplies, sanitary and other facilities, as required by these Specifications, the special provisions, and State and local laws and regulations. The costs of any required insurance, and any other pre-construction expense necessary for the start of the work, excluding the cost of construction materials, shall also be included in this Section. 14.2 Mobilization. All costs connected with the mobilization and demobilization of all the CONTRACTOR's equipment and personnel, including the dredge and all other equipment, if used, will be paid for at the Contract lump sum price for this item. Sixty percent (60%) of the lump sum price will be paid to the CONTRACTOR after meeting beach survey requirements defined in Technical Provisions section titled "Additional Survey Requirements" and after commencement of dredging and placement of a quantity of, at minimum, four thousand (4,000) cubic yards of material on the beach and within the beach fill template in a twenty-four (24) hour period (or less time). The remaining forty percent (40%) will be paid upon completion of the demobilization of all equipment and personnel. Payments will be subject to a ten percent (10%) retainage until final acceptance of the base bid. 14.3 Cost Review. In the event that the cost for the mobilization/demobilization exceeds 20% ofthe total cost for the base bid, then the DESIGN PROFESSIONAL may require the J-l1 10M CONTRACTOR to produce cost data to justify this portion of the bid. The DESIGN PROFESSIONAL will utilize previously bid projects of a similar nature as a guideline to evaluate the mobilization/demobilization costs. Failure to justify such price to the satisfaction of the DESIGN PROFESSIONAL will result in payment of mobilization costs, as estimated by the DESIGN PROFESSIONAL at the completion of mobilization, and payment of the remainder of this item in the final payment under this Contract. 15. PAYMENT FOR HYDRAULIC BEACH FILL PLACEMENT. 15.1 General. All costs connected with debris removal, site preparation, excavating, transporting, and placement of beach fill shall be included in the contract unit price per cubic yard given under the bid schedule for the appropriate beach segment. The cost shall also include overhead, profit, labor, material and any other costs incident to performing the work once the CONTRACTOR is mobilized to the project site. 15.2 Acceptance Sections. Acceptance sections are defined as the segment of beach lying between adjacent profiles. The FDEP profile monuments are generally spaced about 1000 feet apart along the project reaches, and the space between monuments is sub-divided at 100 foot intervals on the plans. An acceptance section is the region between surveyed profiles at 100 foot spacing until modified. Unless otherwise directed by the DESIGN PROFESSIONAL, once fill placement begins in an acceptance section, the CONTRACTOR must complete that acceptance section before moving to the adjacent acceptance section. 15.3 Payment Surveys. 15.3.1 Survey Types. There will be four (4) types of surveys conducted during the project. The surveys are: Pre-Construction (permit Requirements) Pre-Placement (BD: Before Dredge) Post-Placement (AD: After Dredge or Pay) Post-Construction (permit Required) The pre- and post-construction surveys are required by permits and will be conducted at each FDEP R-Monument locations between R-17 and R-84. The CONTRACTOR will conduct the pre-construction survey. The pre- and post-placement surveys will be the primary basis for payment and updating the construction profiles to compensate for beach changes in the last year. The CONTRACTOR will conduct these surveys. J-12 . 10M The post-construction survey will be completed by the DESIGN PROFESSIONAL to verifY the construction volumes and meet permit requirements. 15.3.2 For the purposes of payment, the CONTRACTOR shall make pre-placement and post-placement surveys of the beach at 1 OO-foot stations along the project beach. The profiles will extend 150 feet past the construction toe of fill shown in the plans and landward to the +7' NGVD contour. The pre-placement surveys shall be performed no earlier than fifteen (15) days prior to placement offill in a reach and be provided to the DESIGN PROFESSIONAL 5 working days prior to the start of construction. Post-placement surveys can be made immediately after placement of fill, in the presence of the DESIGN PROFESSIONAL's representative. The CONTRACTOR shall use common survey control stations for both the pre- placement and post-placement surveys, and the baseline provided for the 100 foot interval profiles shown on the plans. The profiles shall be surveyed along the azimuths of the adjacent R -monument indicated in the Plans. The placement profiles shall be labeled for the FDEP R-monument plus the distance south of the R- monument (R-160+ 200). 15.3.3 A sufficient number of points shall be taken along each line to ensure adequate description of all topographic features, and major breaks in slope, including dunes, beach berms, foreshore, and bar trough systems, with a maximum elevation difference of approximately 1 foot between adjacent points and a maximum horiwntal distance of 25 feet between adjacent points. When unusual site or geographical conditions exist, additional stations, ranges, and elevations shall be taken for greater definition. The product will be a continuous line representing the beach/ocean bottom profile. All surveys within the pay template shall be performed with a rod and level or total station, or method approved by the DESIGN PROFESSIONAL. 15.3.4 Unless waived by the DESIGN PROFESSIONAL in each specific case, all surveys made by the CONTRACTOR shall be made in the presence of a representative of the DESIGN PROFESSIONAL. The CONTRACTOR shall notifY the DESIGN PROFESSIONAL 24 hours in advance of each survey intended for purposes of payment. 15.3.5 The DESIGN PROFESSIONAL reserves the right to make additional surveys as necessary for purposes of verification of surveys made by the CONTRACTOR. The PROJECT MANAGER may also make independent final surveys for acceptance. J-13 f 10M 15.3.6 The DESIGN PROFESSIONAL will use the pre-placement survey to update the cross-sections in the plans and create new cross-sections at 100-foot intervals. The CONTRACTOR will use these cross-sections to set up the staking for beach fill placement. These cross-sections will become the construction template used to determine pay volumes. The pay volumes calculated by reach will not exceed the volume on the bid form. 15.3.7 The pre-construction survey will be conducted at all primary FDEP R- monument locations in the project area prior to the start of construction. The survey can be conducted up to 60 days prior to construction, and the results shall be provided to the DESIGN PROFESSIONAL 10 days prior to construction. The survey will include FDEP profiles R-17 to R-84 inclusive, and including intermediate profile R-58A. Profile surveys shall extend landward to the seawalls or 7.0' contour line. Profile surveys will extend seaward to the _13' NGVD contour or 2,000 feet from the shoreline, whichever is the greater distance. All work activities and deliverables shall be conducted in accordance with the March 2004 Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects, Sections 01000- Beach Profile Topographic Surveyingfor Beach Erosion Control Projects and 01100- Offihore Profile Surveyingfor Beach Erosion Control Projects, which is available on their web site. The results can be used as part of the pre-placement survey. 15.4 Survey Discrepancy. If there is a discrepancy between surveys conducted by the CONTRACTOR and the DESIGN PROFESSIONAL, the respective surveyors will attempt to resolve the survey discrepancy. If the discrepancy cannot be resolved, the post- construction survey conducted by the DESIGN PROFESSIONAL will be used to compute the fill volume for payment purposes. 15.5 Basis for Payment. Payment for beach fill placement will be based upon the volume of sand placed within the required template and allowable tolerances as computed from the pre- and post-placement surveys taken at I OO-ft intervals along the beach. To be eligible for payment, the CONTRACTOR shall place a minimum of95 percent of the required volume within an Acceptance Section and shall meet the minimum required template tolerance along the entire Section. No payment will be provided for fill placed above the template, except as described in the following paragraphs. The CONTRACTOR's bid shall account for any costs associated with the survey to include profile selection, the azimuth of profile lines, the profile measurement technique, and the payment volume calculation technique, and be included with the unit cost of sand on the bid form. The DESIGN PROFESSIONAL will verify the pay quantities provided by the CONTRACTOR based on post-placement surveys conducted by the CONTRACTOR and accepted by the DESIGN PROFESSIONAL. The J-14 ". 1 OM CONTRACTOR's surveyor shall certify all surveys submitted for payment or required by permit. 15.6 Computation of Payment Volumes. Computations of pay volumes shall be made by the CONTRACTOR and the DESIGN PROFESSIONAL using survey data provided by the CONTRACTOR. Quantities of beach fill satisfactorily placed and meeting beach fill template requirements and volumes will be computed for payment by use of the average end- area method and pre-placement and post-placement surveys of the beach. The distances between adjacent profile lines to be used in the computation of payment volumes will be provided at the pre-construction meeting, if the spacing is not 1 DO-feet. From the gross quantities so determined, the quantity of fill material lying outside the template shall be deducted and the net amount shall be the basis for payment. 15.6.1 Tolerances. PAYMENT WILL BE FOR HYDRAULIC FILL PLACED WITHIN THE CONSTRUCTION TEMPLATE ONLY, AS SHOWN IN THE PLANS AND UPDATED BY THE DESIGN PROFESSIONAL USING THE PRE- PLACEMENT SURVEY. Any material placed above the template may be left in place at the discretion of the DESIGN PROFESSIONAL. The maximum vertical tolerance below the template is 0.5 feet. The template is the upper limit. Payment requests for material placed outside of the construction template will not be considered if they exceed the template volume. Unless approved by the DESIGN PROFESSIONAL, hydraulic fill placement must at least meet the 0.5 foot tolerance below the template. The CONTRACTOR shall refill any deficient section of beach to at least meet the below template tolerance, and to 95% of the fill volume for the acceptance section. The PROJECT MANAGER will withhold payment for those sections of beach (segments between pay profiles) which do not meet the minimum hydraulic fill requirement until the appropriate hydraulic fill placement and grading has been completed by the CONTRACTOR. 15.6.2 Compensating Slope Adjustment. Fill measured outside the construction template will be credited under the following circumstance to compensate for unanticipated construction slope adjustment. Below +4.5 feet NGVD, fill measured outside the template can be counted towards pay quantity to the extent that it compensates for any deficit under the construction template. This applies only to fill measured contiguous to the construction profile below the berm crest. This provision is a tolerance in the measurement of fill provided to accommodate for construction inaccuracies and variability, but shall not be used to increase the pay volume. This provision does not apply to any adjustment covering or within 100 feet of the nearshore hardbottom. J-15 10M 15.6.3 Maximum Pay Volume. The maximum pay volume by reach is the volume indicated on the bid form or modified by change order for that reach. The pay volume for a reach will not exceed this value. 15.6.4 Misplaced Materials. If any material is deposited other than in places designated or approved, the CONTRACTOR may be required to remove such misplaced material and redeposit it where directed by the DESIGN PROFESSIONAL or PROJECT MANAGER, at the CONTRACTOR's expense. 15.7 Progress Payments. Monthly progress payments shall be based on completed Acceptance Sections which have been approved by the DESIGN PROFESSIONAL. An acceptance section is defined as that portion of the beach fill between consecutive 100 foot interval profile lines. The CONTRACTOR will be eligible for the initial progress payment when a minimum of sixteen (16) acceptable section sections have been filled. Progress payments shall not be based upon the partial completion of an Acceptance Section. Subsequent progress payments may occur when additional adjacent sections have been hydraulically filled and accepted by the DESIGN PROFESSIONAL. The CONTRACTOR shall submit to the PROJECT MANAGER and the DESIGN PROFESSIONAL for review, not more often than monthly, an Application for Progress Payment filled out and signed by the CONTRACTOR. The Application shall describe the Work completed as required by the Contract Documents and accompanied by such supporting documentation as is required by the Contract Documents and also as may reasonably be required by the DESIGN PROFESSIONAL. 15.8 Pre-Placement Survey. For the purposes of initial adjustment by the DESIGN PROFESSIONAL of the Contract pay volume of each Acceptance Section, the CONTRACTOR shall make a pre-placement (AD) survey of the project beach area no earlier than fifteen (15) days prior to the initiation offill placement in any given beach fill reach. The pre-placement survey shall utilize the control and datums included in the Drawings. Such survey will be scheduled so that field notes and computations can be furnished to the PROJECT MANAGER a minimum offive (5) work days in advance of placement in any given project reach so that control of quantities and adjustments to the berm width and fill volume may be made if deemed necessary by the DESIGN PROFESSIONAL. The CONTRACTOR shall notify the PROJECT MANAGER immediately of any discrepancy between the existing conditions and the Drawings which would involve a five percent (5%) increase in the design quantity for any Acceptance Section. 15.9 Survey Submittals. 15.9.1 The CONTRACTOR shall submit survey field notes to the DESIGN PROFESSIONAL upon completion of each survey to expedite review of payment J-16 ~ 1 OM requests. All original field notes, volume computations, and other records used by the CONTRACTOR to compute the payment fill quantities shall be fwnished to the DESIGN PROFESSIONAL with the Application for Progress Payment and Final Application for Payment. 15.9.2 The CONTRACTOR shall prepare cross sectional profiles immediately after each section survey of both pre-placement and post-placement conditions and make such drawings available to the DESIGN PROFESSIONAL, or the DESIGN PROFESSIONAL representative on site. These drawings shall also indicate the required design template and allowable tolerances. The same scale for the profiles shall be used as in the Plans. 15.9.3 Deliverables to the DESIGN PROFESSIONAL shall include processed survey data ofrange, station and elevation from each of the FDEP profiles in a hard copy form and on CD (or other acceptable medium) in ASCII format. Additional information to be provided to the DESIGN PROFESSIONAL shall include tide curves and corrections, if appropriate, field notes and a I" = 200' plan view plot showing the CONTRACTOR'S baseline, proposed profile lines and surveyed track lines. 15.10 Acceptance Timing. The notification of rejection or acceptance of a fill section will be based on written notification provided by the DESIGN PROFESSIONAL to the CONTRACTOR and PROJECT MANAGER after the DESIGN PROFESSIONAL has reviewed the submitted survey data. After the survey data has been received by the DESIGN PROFESSIONAL on at least 4 acceptance sections, the DESIGN PROFESSIONAL will have four (4) days to review the data, consult with the PROJECT MANAGER, and prepare a written response indicating whether the section(s) have been accepted or rejected, and the reason for rej ection, if applicable. 16. PAYMENT FOR BEACH TILLING AND BEACH SCARP LEVELING. 16.1 Description. Subsequent to beach fill placement and all other construction activities, the construction berm will be tilled to minimize impacts to future turtle nesting activities. The CONTRACTOR will till the accepted section of the beach berm above the high water mark to a depth of at least 36 inches in accordance with the terms and conditions addressed by the applicable State and Federal regulatory permits. The CONTRACTOR shall be responsible for grading scarps, as necessary, that form along accepted sections of beach. Any scarp that exceeds 12 inches in height along at least 100 feet of shoreline shall be graded to a minimum of a 1 V: 1 OH slope at the direction of the PROJECT MANAGER. Time of year restriction may apply to these activities, and prior coordination with permit agencies may be required prior to starting work. J-17 10M 16.2 Acceptance and Payment for Beach Tilling and Scarp Adjustments. No progress payments will be made for this work. Acceptance of the work shall be determined by visual inspection and cone penetrometer testing of compaction, performed by the PROJECT MANAGER. Payment for mobilization, demobilization, labor, materials, equipment, fuel, oil, and all other appropriate costs in connection with tilling of the renourished beach shall be paid for at the prorated bid lump swn price for each reach. 17. PAYMENT FOR TURTLE TRAWLING. The bid items for turtle trawling activities in the borrow area have two components that are paid as described below: 17.1 MobilizationfDemobilization Turtle Trawler (Hopper Dredge only). Payment will be made for costs associated with or incidental to MobilizationlDemobilization of a turtle trawler by event and stand by time. See Sections in ENVIRONMENTAL PROTECTION for more details. 17.2 Relocation Trawling (Hopper Dredge only). Payment will be made for daily costs associated with or incidental to ocean trawling operations and any subsequent turtle relocation activities. 18. PAYMENT FOR TURBIDITY MONITORING A T DREDGE AND DISPOSAL. All costs associated with turbidity monitoring of the dredge and disposal (beach fill) areas shall be included in the lwnp sum cost for turbidity monitoring. Progress payments will be made for turbidity monitoring at dredge and disposal based upon the percent of beach fill work completed and accepted during each month. Acceptance of the work will be determined from review by the PROJECT MANAGER of monthly activities and CONTRACTOR reporting. Payment for labor, materials, equipment, fuel, oil, and all other appropriate costs in connection with turbidity monitoring at dredge and disposal be paid for at the lwnp bid sum price on the Bid Schedule for "Turbidity Monitoring." 19. PAYMENT FOR BUOYING THE PIPELINE CORRIDO~ PUMPOUT AND BOOSTER LOCATIONS. Payment for each buoyed pipeline corridor along with the associate pwnpout and offshore booster location will be lwnp swn by corridor used. The task will include diver investigation of hard bottom by CONTRACTOR, setting buoys, accompanying DESIGN PROFESSIONAL in observing the buoy locations, and contacting the DESIGN PROFESSIONAL to observe the installation of the submerged pipeline, offshore booster and pumpout facilities. J-18 " 1 O. 20. RIGHT TO REFUSE RECOMMENDATION FOR PAYMENT. The DESIGN PROFESSIONAL may refuse to recommend the whole or any part of any payment if, in his opinion, such representations to the PROJECT MANAGER would be inaccurate. The DESIGN PROFESSIONAL may also refuse to recommend any payment because of subsequently discovered evidence or the results of subsequent observations, measurements or tests, nullify any such payment previously recommended to such extent as may be necessary in the DESIGN PROFESSIONAL's opinion to protect the PROJECT MANAGER from loss because: 20.1 The Work is defective, or completed Work not accepted by the DESIGN PROFESSIONAL has been damaged requiring correction or replacement; 20.2 Written claims have been made against PROJECT MANAGER or liens have been filed in connection with the Work; 20.3 The Contract price has been reduced because of modifications; 2004 The PROJECT MANA GER has been required to correct defective Work or complete the Work; 20.5 The CONTRACTOR has not performed the Work in accordance with the Contract Documents; 20.6 The CONTRACTOR has failed to make payment to subcontractors, or for labor, materials, or equipment. 20.7 The CONTRACTOR is claiming additional placement of fill volume for payment beyond that measured and calculated using the procedure established in the Contract Documents for computation of fill quantities for payment purposes. 20.8 The CONTRACTOR is claiming additional payment for any reason not previously agreed to by the PROJECT MANAGER. 20.9 The CONTRACTOR has not repaired damages caused by the CONTRACTOR's operation to the satisfaction of the PROJECT MANAGER and/or affected private property owner. 21. FINAL ACCEPTANCE AND PAYMENT. 21.1 DESIGN PROFESSIONAL's Recommendation for Final Payment. The DESIGN PROFESSIONAL's recommendation of final payment for the project will constitute a representation by the DESIGN PROFESSIONAL to the PROJECT MANAGER that, in the DESIGN PROFESSIONAL's opinion, the conditions precedent to the CONTRACTOR's being entitled to final payment as set forth in the Contract Documents have been fulfilled. 21.2 Completion of Work. Upon written notice from CONTRACTOR that the Work is complete, the DESIGN PROFESSIONAL will observe the Work within two (2) days of the J-19 1ft' 10M receipt of the written notice from the CONTRACTOR and, if required, will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shan immediately take such measures as are necessary to remedy such deficiencies. 21.3 Application for Final Payment. After the CONTRACTOR has completed all such corrections to the satisfaction of the DESIGN PROFESSIONAL and PROJECf MANAGER and delivered any required quality control reports, water quality reports, data requested by the DESIGN PROFESSIONAL, guarantees, bonds, certificates of inspection, marked-up record documents and all other documents as required by the Contract Documents or DESIGN PROFESSIONAL, and after the DESIGN PROFESSIONAL has indicated that the Work is acceptable to the DESIGN PROFESSIONAL and PROJECT MANAGER, the CONTRACTOR may make application for final payment. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as DESIGN PROFESSIONAL may reasonably require, together with complete and legally effective releases or waivers (satisfactory to PROJECT MANAGER) of all Liens arising out of, or filed in connection with the Work. In lieu thereof and as approved by the PROJECT MANAGER, the CONTRACTOR may furnish receipts or releases in full; an affidavit of the CONTRACTOR providing warranties, covenants, and representations that the releases and receipts include all labor, services, material and equipment bills, and other indebtedness connected with the Work for which the PROJECT MANAGER or the PROJECT MANAGER's property might in any way be responsible; that all charges have been paid or otherwise satisfied; and consent of the Surety to final payment. If any subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, the CONTRACTOR may furnish a bond or other collateral satisfactory to the PROJECT MANAGER to indemnify the PROJECT MANAGER against any lien. 21.4 Recommendation for Final Payment. If, on the basis of the DESIGN PROFESSIONAL's observation of the Work during construction and post-construction, and the DESIGN PROFESSIONAL's review of the final Application for Payment and accompanying documentation the DESIGN PROFESSIONAL is satisfied that the Work has been completed and the CONTRACTOR has fulfilled all ofhislher obligations under the Contract Documents, the DESIGN PROFESSIONAL will, within seven (7) days after receipt of the final Application for Payment, indicate in writing his recommendation of payment and present the application to PROJECT MANAGER. If the application and accompanying documentation are acceptable as to form and substance, the PROJECT MANAGER shall, within thirty (30) days after receipt of the DESIGN PROFESSIONAL's recommendation for Final Payment, pay CONTRACTOR the amount recommended by the DESIGN PROFESSIONAL or other such amounts deemed appropriate by the PROJECf MANAGER in consultation with the DESIGN PROFESSIONAL. If the DESIGN PROFESSIONAL is not satisfied that the work is completed, the DESIGN PROFESSIONAL will return the J-20 - 10. application to the CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case the CONTRACTOR shall make the necessary corrections and resubmit the application. 21.5 Access to the Work. The PROJECT MANAGER shall have the right to exclude the CONTRACTOR from the Work after the date of completion, but the PROJECT MANAGER shall allow the CONTRACTOR reasonable access to complete or correct items. PART III. QUALITY CONTROL AND OPERATIONS 22. CONTRACTOR QUALITY CONTROL. 22.1 The CONTRACTOR is responsible for quality control and shall provide and maintain an effective quality control program. 22.2 Quality Control Reports (Appendix I) shall be provided to the DESIGN PROFESSIONAL and PROJECT MANAGER by I :00 p.m. on a daily basis from the first day of mobilization to the last day of demobilization without exception. 22.3 The CONTRACTOR shall establish a quality control system to perform sufficient inspections and tests of all items ofW ork, including that of his subcontractors, and to insure conformance to applicable provisions ofthe Contract Documents and Plans with respect to the materials, workmanship, construction, finish, and functional performance and prevention of damages to natural resources, structures, and infrastructure. TIlls control will be established for all construction except where the Technical Provisions of the Contract provide for specific PROJECT MANAGER or DESIGN PROFESSIONAL control by observation, tests or other means. The CONTRACTOR's control system will specifically include the surveillance and tests required in the Technical Provisions. 22.4 The CONTRACTOR's quality control system is the means by which the CONTRACTOR is assured that the construction complies with the requirements of the Contract Documents, including all project permits. The controls shall be adequate to cover all construction operations and shall be keyed to the proposed construction sequence. 22.5 The CONTRACTOR's job supervisory staff may be used for quality control, supplemented as necessary by additional personnel for surveillance, by special technicians, or by testing facilities with the expertise to provide for the controls required by the Technical Provisions. 22.6 The CONTRACTOR shall furnish to the PROJECT MANAGER and DESIGN PROFESSIONAL at least seven (7) days prior to the pre-construction conference, a written J-21 10M quality control plan that shall include the procedures, instructions, and reports to be used. Unless specifically authorized by the DESIGN PROFESSIONAL, no construction will be started until the DESIGN PROFESSIONAL approves the CONTRACTOR's quality control plan. 22.6.1 This document will include as a minimum: 22.6.2 The quality control organization. 22.6.3 The number and qualifications of personnel to be used for this purpose. 22.6.4 Authority and responsibility of quality control personnel. 22.6.5 Methods of quality control including that for hislher subcontractor's work. The methods shall include items to be inspected, types of inspections, duties of personnel, and methods the CONTRACTOR proposes to use to assure quality Work. 22.6.6 Method of documenting quality control operations, inspection and testing. 22.6.7 Safety inspection procedures including employees responsible for supervising accident prevention activities and insuring compliance with safety measures. 22.6.8 Medical emergency procedures, including employees responsible for supervision of medical emergencies. 22.6.9 Written instructions to the CONTRACTOR's representative responsible for quality control outlining his duties and responsibilities and signed by a responsible officer of the firm. 22.6.10 An Activity Hazard Analysis, as described later in this section. 22.6.11 A copy of daily quality control report forms and other inspection documents that are to be furnished to the DESIGN PROFESSIONAL and PROJECT MANAGER. A sample "Daily Quality Control Report" is included as an Appendix to this Exhibit. This report will be used by the CONTRACTOR as the Daily Quality Control Report to be provided to the DESIGN PROFESSIONAL and PROJECT MANAGER. The CONTRACTOR may substitute a different report format if: (I) it contains, at minimum, the same information and (2) it is approved, in writing, by the DESIGN PROFESSIONAL. J-22 ~ 10M 22.7 All compliance inspections will be recorded on the Daily Quality Control Report, including, but not limited to, the specific items required in each technical section of the specifications. This form shall include records of corrective action taken and shall be furnished to the DESIGN PROFESSIONAL daily by 1 :00 p.m. the following day. The Daily Quality Control Report shall be filled out every day, regardless of whether Work is accomplished, starting on the first day of mobilization and ending on the last day of demobilization and furnished to the DESIGN PROFESSIONAL as required by the Contract Docllillents. Failure to provide Daily Quality Control Reports to the DESIGN PROFESSIONAL shall result in delay in payments to the CONTRACTOR until the Daily Quality Control Reports are received and are acceptable to the DESIGN PROFESSIONAL. 22.8 If reoccurring deficiencies in an item or items indicate that the quality control system is not adequate, or reports are not being provided in a timely manner, the CONTRACTOR shall undertake such corrective actions as directed by the DESIGN PROFESSIONAL. 22.9 No separate payment will be made for CONTRACTOR quality control. 22.10 The CONTRACTOR shall be responsible for making such inspections, surveys and tests as may be necessary to assure compliance with all the requirements of the Contract Docllillents and applicable pennits. Reports of all inspections, surveys and tests and remedial actions shall be submitted to the DESIGN PROFESSIONAL in writing. 22.11 The DESIGN PROFESSIONAL reserves the right to utilize the CONTRACTOR's control testing laboratory, survey and other equipment to make spot tests and surveys, and to check the CONTRACTOR's testing and survey procedures, techniques, and results (where applicable). 23. DESIGN PROFESSIONAL. 23.1 Technical Issues. It is agreed by the parties hereto that the DESIGN PROFESSIONAL in consultation with the PROJECT MANAGER shall decide all technical issues of whatever nature that may arise relative to the interpretation of the technical portions of the Contract Documents, the Plans, and prosecution and fulfillment ofthis Contract, and as to the character, quality, amount and value of any Work done and materials furnished under this Contract. 23.2 DESIGN PROFESSIONAL and PROJECT MANAGER Access to the Dredge and Spoil Site. The DESIGN PROFESSIONAL and PROJECT MANAGER shall have unlimited access to the dredge and spoil site. The CONTRACTOR will be required to furnish, at the request of the DESIGN PROFESSIONAL or PROJECT MANAGER suitable transportation from the shore to and from the various pieces of equipment, including the J-23 10M dredge, offshore booster, offloadinglpumpout facility, to and from the spoil site (beach fill area), or as required to administer the Contract Documents. The PROJECT MANAGER and DESIGN PROFESSIONAL or his representative is to have free access to the materials and the Work at all times for laying out, measuring and observing, and the CONTRACTOR is to afford him all necessary facilities, transportation and assistance for doing so. The presence or absence of the DESIGN PROFESSIONAL shall not relieve the CONTRACTOR of responsibility for the proper execution of the Work in accordance with the specifications. The CONTRACTOR shall provide an onsite work area for the DESIGN PROFESSIONAL, PROJECT MANAGER or his representative at the beach and offshore worksite. The work area shall consist of desk, chair, and access to telephone service under cover on the dredge or within the CONTRACTOR's beachside office or trailer. 24. FINAL CLEAN UP. Final clean-up shall include the removal of the CONTRACTOR's plant and all equipment or materials either for disposal or reuse. Plant and/or equipment or materials to be disposed of shall only be disposed of in a manner and at locations approved by the PROJECT MANAGER. Unless otherwise approved in writing by the PROJECT MANAGER, the CONTRACTOR is not permitted to abandon pipelines, cables, pipeline supports, pontoons, or other equipment or materials in the disposal area, pipeline corridors, water areas, underwater in the Gulf of Mexico or in any harbors, passes or inlets, or other areas adjacent to the Work site. Any stakes or other markers placed by the CONTRACTOR must be removed as a part of the final clean-up. All stakes, including grade stakes, placed during the fill operation shall be completely removed and shall not be left buried in the fill. 25. NIGHTTIME OPERATIONS. Nighttime is defined as the period of time from sunset to sunrise. The CONTRACTOR can dredge and place sand 24 hours per day, with the following nighttime requirements. During nighttime operations, the CONTRACTOR shall utilize the minimum lighting that is necessary to accomplish the Work and comply with all OSHA, and sea turtle protection requirements, if applicable by permit. The CONTRACTOR shall shield or orient the lights to minimize the amount oflight to the Work area. The CONTRACTOR shall minimize noise, in compliance with Section 8, so as not to disturb residents living along the beach in the project area Beach dressing, grading, tilling and re-dressing will be limited to daylight hours only. The CONTRACTOR shall dike the beach at night to control turbidity. The CONTRACTOR is strongly encouraged to conduct as much required beach work as possible during daylight hours only. 26. CONSTRUCTION PLANS AND CONTRACT DOCUMENTS. A minimum of one (1) complete set of construction Plans and Contract Documents (with permits) shall be kept in the construction site field office, the surveyor and survey crew shall have at least one J-24 ~ 101 set and at least one set shall be maintained on the dredge at all times during project construction. The PROJECT MANAGER will provide the CONTRACTOR with a reproduceable set of documents. PART IV. MATERIALS 27. CHARACTER OF MATERIAL. 27.1 Character of Material Within the Borrow Area. Based on limited information provided by core borings, the material found within borrow area T 1 consists of fine-grained quartz and calcium carbonate sand. The average calcium carbonate content is 23%. The quantities of rock in borrow area TI are expected to be insignificant. All fill material will be required to be screened for rocks greater than 3/4" as described in the Section titled "Removing Rock, Rubble or Debris". The material descriptions are provided in the appendices of this section and only describe the materials obtained from those investigations. The CONTRACTOR shall be solely responsible for any interpretation or conclusions drawn therefrom. The CONTRACTOR may view the core samples prior to the start of construction. The CONTRACTOR shall provide a three-day notice to the DESIGN PROFESSIONAL or PROJECT MANAGER of his requested visit. Borrow Area T -1 has a composite mean grain size of 0.31 mm, a sorting value of 0.92<1>, and a silt content of1.75%. 27.2 Potential Differing Borrow Area Characteristics. The characteristics of the materials in the borrow area may be as generally indicated by the sediment boring logs and grain size distribution curves attached hereto as Appendices II and III. The material found in each of the borrow area core borings (vibracores) is indicative only of the material at that discrete location. The CONTRACTOR should be aware that it is possible for material of differing characteristics to be present in the borrow area, including material differing from that contained in the vibracores. PART V. EXECUTION 28. EXCAVATION. 28.1 General. Borrow Area T1 is a large sand ridge located approximately 33 miles from Vanderbilt Beach, offshore of Sanibel Island. The borrow area has cut depths up to 18 feet and a mean grain size of 0.31 mm. Excavation may be accomplished with either a hopper or cutterhead dredge. Borrow Area TI is located in Federal waters. No overflow or spill out will be permitted during transport at the pumpout and placement sites in regions of hardbottom. Failure to repair leaks or change the method of operations which has resulted in spillage that exceeds turbidity and state water quality standards during transport to the placement sites will require suspension of dredging. J-25 1 OM 28.2 Primary Dredge Area. Borrow area Tl has been subdivided into three areas. Primary Dredge Area 1 contains approximately 1.5 million cubic yards of beach compatible material. Primary Dredge Area 1 will be used for the construction of the Collier County Beach Nourishment Project. No excavation within Dredge Areas 2 or 3 shall be performed without approval from the DESIGN PROFESSIONAL. 28.3 Borrow Area Excavation Limitations. All excavation shall be performed within the horizontal and vertical limits ofthe borrow area shown in the Plans. The material located below the indicated dredge depth, in many cases, may not be suitable for beach renourishment. The CONTRACTOR will be required to certify in each Daily Quality Control Report that the excavation occurred within the horizontal and vertical limits of the Plans. If excavation occurs outside of the permitted borrow area, or below the depth as shown in the Plans, the CONTRACTOR shall pay all permit fines and associated costs with the permit violation. In addition to the above provisions, the DESIGN PROFESSIONAL will deduct quantities of sand dredged outside of and/or below the allowable dredge depths from pay quantities. 28.4 Dredge Location Control. 28.4.1 Continuous Electronic Positioning on the Drede.e. The CONTRACTOR is required to have in continuous operation on the dredge electronic positioning equipment that will accurately and continuously compute and plot the horizontal and vertical position ofthe dredge, dragheads and cutterhead. A geographic positioning system, Differential Global Positioning System (DGPS), or equivalent, shall be used to maintain precise positioning of the dredge. Whenever dredging operations are underway, the location of the dredge shall be continuously monitored. When the dredge is navigating near hardbottom resources and operating in the borrow area, the positions shall be monitored and recorded at an interval not exceeding one (1) minute. All horizontal positions shall be reported in feet in Florida (East) State Plane Coordinates NAD 83. The position and elevation (with respect to NGVD) of the bottom of the dragheads and the dredge cut shall also be continuously monitored and recorded. The operator shall have visual controls that depict the location and depth ofthe draghead or cutterhead at all times. The electronic positioning equipment shall be calibrated, maintained and operated so that the maximum error for the fixes recorded do not exceed the tolerances in the horizontal position (::1:3 feet) or vertical position (::1:0.1 foot). The location of the master antenna on the dredge and the distance and direction from the master antenna to the dragheads or cutterheads shall be reported in the initial Quality Control Report. All vertical measurements shall be tide corrected with real-time tide recordings and reported in feet relative to the National Geodetic Vertical Datum of 1929 (NGVD 29). The use of predicted tides to J-26 ~ 10M make corrections will not be accepted. Fixes and the accompanying plots shall be furnished to the DESIGN PROFESSIONAL daily as part of the Quality Control Reports. Each fix shall include time of day and the x, y, z coordinate values. 28.4.2 Remote Monitor of Dredge Position: The Contractor shall provide telemetry of the instantaneous dredging positioning and digging functions of the project dredges that accommodates electronic charting functions to the DESIGN PROFESSIONAL at a remotely located site selected by the DESIGN PROFESSIONAL. The CONTRACTOR shall provide all equipment and training necessary to establish and maintain the remote monitoring station selected by the DESIGN PROFESSIONAL for use by the DESIGN PROFESSIONAL'S staff. 28.4.3 As part of the final report, the CONTRACTOR shall provide a daily record of the position of the dredge equipment which includes the dredge area limits with actual and maximum authorized dredge depths referenced to State Plane Coordinates and NGVD. Vertical and horizontal accuracy of the positioning equipment shall also be reported. The daily and final report shall also include the locations of the dredge in transit to the pump out location. 28.4.4 No dredging shall take place outside ofthe borrow area limits as shown in the Plans. No dredging shall exceed the permitted depth of cut shown in the Plans. In the event the CONTRACTOR dredges beyond the horizontal or vertical limits of the borrow area it will represent a violation of the Contract and Project Permit Conditions. The CONTRACTOR shall pay any and all costs, fines and/or other expenses related to permit violations due to dredging outside of the borrow area limits or resulting from CONTRACTOR negligence in complying with the project permits. If the CONTRACTOR does not pay any and all costs, fines and/or other expenses related to dredging outside of the borrow area limits and/or for permit violations, the PROJECT MANAGER will deduct from payments due to the CONTRACTOR by the PROJECT MANAGER, or the expenses may be recovered from the CONTRACTOR's bond. 28.4.5 Borrow Area Buoys. Prior to bringing dredge equipment to the project site, the CONTRACTOR shall establish lighted marker buoys that meet U.S. Coast Guard standards along the perimeter of the borrow area. The buoys shall also be equipped with radar reflectors. The buoys shall be set at the borrow area comers as shown in the Plans. The lighted buoys shall be maintained in the proper location, floating in the upright position, and in working order by the CONTRACTOR throughout the duration of the project. Electronic positioning, as described in Section 11.4.1, shall be employed to set the buoys, and to check the positional integrity of the buoys on a weekly basis. The results of these checks shall be reported daily in the Quality J-27 1 OM Control Reports. If any ofthe buoys are not maintained or not in the proper location, the CONTRACTOR shall cease dredging until the buoys are repaired, replaced, and/or repositioned as shown in the Plans and meet Permit, Coast Guard, and Contract requirements. The CONTRACTOR shall be responsible for issuance of all required Notice-to-Mariners prior to initiating construction. 28.5 Uniform Excavation. To the greatest extent practicable, all excavation shall be performed in a uniform and continuous manner so as to avoid creating multiple holes, valleys, or ridges within the borrow area. 28.6 Unsuitable Material. If unsuitable material, as defined by 62B-41.007, Florida Administrative Code, are encountered in the borrow area, the CONTRACTOR shall immediately cease dredging and change the location of the dredge in order to avoid the inclusion of unsuitable material in the beach fill. The location of unsuitable material encountered within the borrow area shall be noted on the Contractor's Daily Quality Control Report. The next section provides greater detail concerning the removal of rock, rubble or debris in the borrow area. Appendix IV contains the State approved Sediment QAlQC Plan for the project, which describes the standards and action required by the permit in more detail. 28.7 Removing Rock. Rubble or Debris in the Borrow Area. The CONTRACTOR shall screen all dredged material for rock, coral fragments, and debris using a % inch grizzly or similar device approved by the DESIGN PROFESSIONAL. Screening shall occur before the material arrives at or near the beach. All rock, coral fragments, and debris collected shall be placed within the rock disposal area shown in the Plans. The CONTRACTOR shall estimate the quantity of rock and debris collected for each dredge cycle and shall report it on his Daily Quality Control Report. Rocks, coral fragments, and debris larger than three- fourths (3/4) inch in diameter shall not be placed on the beach. The CONTRACTOR shall continuously monitor the discharged fill material for the presence of rocks in the material. Rock, rubble, or any other debris larger than three-fourths (3/4) inch in diameter which is excavated and placed on the beach shall be removed from the beach fill by the CONTRACTOR, at the CONTRACTOR's own cost. If the CONTRACTOR fails to remove the rock, rubble, or debris to the satisfaction of the PROJECT MANAGER, such material may be removed by the PROJECT MANAGER and the cost of such removal may be deducted from any money due, or to become due, to the CONTRACTOR or may be recovered under his bond. The DESIGN PROFESSIONAL has the authority to detennine if the quality of material being placed on the beach is acceptable. If the DESIGN PROFESSIONAL makes a specific determination that material being placed is poor quality, the CONTRACTOR will adjust his construction operation to avoid this material. This will not relieve the CONTRACTOR of responsibility for all placed material, including rock debris. See Appendix IV for more details. J-28 ~ 10M 28.8 Preservation of Historical. Archeological. and Cultural Resources. A cultural resource investigation has been conducted within the borrow area. No magnetic anomalies were detected within borrow area Tl. Nevertheless, if during project construction the CONTRACTOR observes items that may have historical, cultural, or archeological value, the CONTRACTOR shall immediately cease all activities that may result in the destruction of these resources and shall prevent his employees and subcontractors from trespassing on, removing, or otherwise damaging such resources. Such observations shall be reported immediately to the DESIGN PROFESSIONAL so that the appropriate authorities may be notified, a determination made as to their significance and what, if any, special disposition of the finds should be made. The CONTRACTOR shall report any observed unauthorized removal or destruction of such resources by any person to the DESIGN PROFESSIONAL and the U.S. Mineral Management Services (MMS) Chief, Leasing Division in Hemden, Virginia. The CONTRACTOR shall relocate in the borrow area and resume construction of the project, and not return to the site in question, until State authorities have rendered judgment concerning the artifacts of interest. 28.9 Hardbottom Communities Protection. 28.9.1 Hardbottom Protection by the Contractor. Hardbottom communities exist offshore of Collier County, within the project area, offshore ofthe beach fill area and further offshore in deeper water. The CONTRACTOR shall avoid contact with any and all hardbottom communities, both during mobilization and demobilization as well as project construction. No hardbottom communities are located within 400' of borrow area Tl. Hardbottom communities within the approved pipeline corridors have been mapped and are shown in the Plans. Section 43.2.4 and the Environmental Protection Provisions provide details concerning pipeline, pumpout, booster placement and hardbottom protection. The locations ofnearshore hardbottom areas are provided in the Plans for the convenience of the CONTRACTOR, however, the CONTRACTOR shall not depend solely on the hardbottom mapping provided. The seaward extent ofthe nearshore hardbottom has not been fully mapped. It will be the responsibility of the CONTRACTOR to utilize divers and/or any other means to ensure that there are no hardbottom formations in jeopardy prior to placing pipes, spuds, anchors, cables, drag arms or any other objects on the bottom. It will be solely the responsibility of the CONTRACTOR to avoid all hardbottom formations and hardbottom biological communities other than those that may be located within the beach fill construction template and within the pipeline corridors. The CONTRACTOR shall take note that the State of Florida has levied significant rmes to dredge contractors who have damaged protected hardbottom communities. The CONTRACTOR will be responsible for any and all costs, legal expenses, hardbottom repairs or mitigation requirements, or any other related J-29 .~ 10M expenses including fines, levied by the Local, State or Federal governments with jurisdictional or regulatory authority for damage to hardbottom communities, other than those hardbottom communities which are, by permit, acknowledged to be covered with fill as part of project construction. No hopper dredge overflow shall be permitted to occur directly above or in close proximity to hardbottom or benthic communities. Cost for hardbottom protection shall be part of unit cost of sand placement in each reach. 28.9.2 Floating Equipment. All floating equipment movement shall be minimized over the hardbottom systems and comply with the approved vessel operations plan. 28.9.3 Control of Mobilization and Demobilization of Floating Equipment. Mobilization and demobilization of all floating equipment (dredges, tugs, pushboats, crewboats, floating pipelines, barges, derrick barges, anchor barges, SCOTS buoys, etc.) to and from the project site shall be controlled by the CONTRACTOR to avoid contact with any and all hardbottom formations. A voidance of damage to hardbottoms is entirely the responsibility of the CONTRACTOR 28.9.4 Non-Propelled Floating Equipment. While in the vicinity of hard bottom areas, the CONTRACTOR shall directly push or tow with polypropylene (floating) lines all floating equipment that is not self-propelled. No cables, equipment or other objects shall sag or hang over the side of the dredge, any barges or tugs, or any other vessels, floating pipelines, pontoons or floating equipment. 28.9.5 Anchoring of Floating Equipment. The CONTRACTOR shall anchor or moor his floating equipment in such a fashion as to avoid all hardbottom communities. All anchors, swing anchors, spuds, cables and any other objects must not be placed within 100' of hardbottom communities. 28.9.6 The CONTRACTOR will develop a vessel operations plan designed to avoid hardbottom locations and minimize potential exposure of hardbottom to project operations. The plan shall be presented and discussed at the pre-construction meeting. The CONTRACTOR shall notify the DESIGN PROFESSIONAL two (2) days prior to any operations that will occur near hardbottom. This includes pipeline installation within the pipeline corridors, emplacement of booster pumps, pumpout facilities and anchoring of other equipment nearshore. The DESIGN PROFESSIONAL desires to observe the operation. 28.10 Signal Lights. The CONTRACTOR shall display signal lights and conduct his operations in accordance with the General Regulations of the Department of the Army and of the U.S. Coast Guard governing lights and day signals to be displayed by towing vessels with J-30 r 1 OM tows on which no signals can be displayed, vessels working on wrecks, dredges and vessels engaged in laying cables or pipes or in submarine or bank protection operations, lights to be displayed on dredge pipeline and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel and the passing by other vessels or floating plant working navigable channels, as approved by the Secretary of the Army and Commandant, U.S. Coast Guard. (33 C.F.R. 80.18 - 8-31a: 33 C.F.R. 95.51 - 95.66; 33 C.F.R. 9.22 - 90.36; 33 C.F.R. 82 and C.G. Pub. 169, Navigation Rules, International-Inland dated May 1, 1977)(DAR 7-603.33). 28.11 Misplaced Material. Plant Machinery. Equipment, or Appliance. Should the CONTRACTOR, during the progress of the Work, lose, discard, throw overboard, sink, or misplace any material, plant, machinery, equipment, or appliance, which in the opinion ofthe DESIGN PROFESSIONAL should be removed, the CONTRACTOR shall recover and remove the same with the utmost dispatch. The CONfRACTOR shall give immediate notice, with description and location of such material, plant, machinery, equipment, or appliance, to the DESIGN PROFESSIONAL or inspector. Should the DESIGN PROFESSIONAL discover such material, plant, machinery, equipment, or appliance, the DESIGN PROFESSIONAL may locate through electronic means or buoy the material, plant, machinery, equipment, or appliance, and may notify the CONTRACTOR of its location. Removal of the material, plant, machinery, equipment, or appliance, shall be the responsibility of the CONTRACTOR and the CONTRACTOR will pay for cost of the removal. Should the CONTRACTOR refuse, neglect, or delay compliance with the above requirements, such material, plant, machinery, equipment, or appliance may be removed by the PROJECT MANAGER, and the cost of such removal may be deducted from any money due or to become due to the CONTRACTOR or may be recovered under his bond. The liability of the CONTRACTOR for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33-U.S.C. 410 et.seq.), or most recent version, if any. 28.12 Sea Turtle Trawling and Risk Assessment (For Hopper Dredges Only). a. Sea Turtle Trawling and Relocation: A sea turtle risk assessment survey shall be conducted following the take of two sea turtles and continue until directed by the DESIGN PROFESSIONAL. Trawling and relocation requirements are based on the NMFS Biological Opinion extracted in Exhibit K-3. The results of each trawl shall be recorded on Sea Turtle Trawling Report approved by the DESIGN PROFESSIONAL. A final report shall be prepared and submitted to the DESIGN PROFESSIONAL prior to re-commencement of dredging summarizing the results of the survey (with all forms and including total trawling times, number of trawls and number of captures). Any turtles captured during the survey shall be measured and tagged in accordance with standard biological sampling procedures with sampling J-31 t#' 10M data recorded on Sea Turtle Tagging and Relocation Report approved by the DESIGN PROFESSIONAL. Any captured sea turtles shall be relocated southwest of the work area at least 3 miles from the location recorded on the Sea Turtle Tagging and Relocation Report form. b. Sea Turtle Trawling Procedures: An approved sea turtle trawling and relocation supervisor shall provide researchers and nets to capture and relocate sea turtles, shall conduct Sea Turtle Risk Assessment Survey, and shall conduct any initiated sea turtle trawling. Turtles shall be captured with trawl nets to determine their relative abundance in the borrow area during dredging. Methods and equipment shall be standardized including data sheets, nets, trawling direction to tide, length of station, length of tow, and number of tows per station. Data on each tow shall be recorded using a Sea Turtle Trawling Report. The trawler shall be equipped with two 60-foot nets constructed from 8-inch mesh (stretch) fitted with mud rollers and flats as specified in Turtle Trawl Nets Specifications proposed by the CONTRACTOR and approved by the DESIGN PROFESSIONAL. Paired net tows shall be made for 10 to 12 hours per day or night. Trawling shall be conducted with the tidal flow using repetitive 15-30 minute (total time) tows in the borrow area. Tows shall be made in the center, left and right sides of the borrow area such that the total width of the borrow area bottom is sampled. Positions at the beginning and end of each tow shall be determined from GPS Positioning equipment. Tow speed shall be recorded at the approximate midpoint of each tow. c. Water Quality and Physical Measurements: Water temperature measurements shall be taken at the water surface each day using a laboratory thermometer. Weather conditions shall be recorded from visual observations and instruments on the trawler. Weather conditions, air temperature, wind velocity and direction, sea state-wave height, and precipitation shall be recorded on the Sea Turtle Trawling Report proposed by the CONTRACTOR and approved by the DESIGN PROFESSIONAL. High and low tides shall be recorded. d. Initiation of Trawling: Initiate trawling if two turtles are taken or at the direction of the DESIGN PROFESSIONAL based on the criteria in the MMS BO (Exhibit K-3). The CONTRACTOR must initiate trawling and relocation activity in the dredging area within 1 day of the occurrence of the take. Trawling shall continue until suspended by the DESIGN PROFESSIONAL. e. Approved Trawling Supervisor: Trawling shall be conducted under the supervision of a biologist approved by the NMFS. A letter of approval from NMFS shall be provided to the Contracting Officer prior to commencement of trawling. J-32 ~, 1 OM f. Turtle Excluder Devices: Approval for trawling for sea turtles without Turtle Excluder Devices (TED's) must be obtained from NMFS. Approval for capture and relocation of sea turtles must be obtained or coordinated from the Florida Fish and Wildlife Conservation Commission (FFWCC). Approvals must be submitted to the DESIGN PROFESSIONAL prior to trawling. g. Report Submission: Following completion of the project, a copy of the Contractor's log regarding sea turtles shall be forwarded to the DESIGN PROFESSIONAL. h. The cost for trawling mobilization (event) and trawling relocation (day) will be as indicated on the bid form. The cost for trawling standby shall be included with trawling mobilization. 29. TRANSPORT OF EXCAVATED MATERIALS. 29.1 Hydraulic Placement ofFill. It is the PROJECT MANAGER's desire that all fill be placed hydraulically. No truck haul is allowed. The method of transport and hydraulic placement shall be at the discretion of the CONTRACTOR otherwise; however, methods and equipment shall comply with all permit, production, and environmental requirements. If fill material is placed dry, sufficient addition material by volume shall be placed to compensate for shrinkage expected compared to hydraulic fill placement. If this procedure is needed, the DESIGN PROFESSIONAL will determine a no cost adjustment to the fill quantity required to compensate for dry placement. 29.2 Submerged Pipeline Collars in Hardbottom Areas. If a pipeline is used to transport fill material, the pipeline seaward of the beach landing shall be submerged except at the dredge, mono buoy (if required), and/or boosters (if required). The proposed location( s) of the submerged pipeline must be within the offshore pipeline corridors specified in the Plans. It is the CONTRACTOR's responsibility to ensure that the pipeline is not placed on hardbottom areas, other than those acknowledged to completely transverse the pipeline corridors. Within the pipeline corridors, the CONTRACTOR shall provide a collar or pipeline joint every instance that a pipeline is within 100 feet of hard bottom. The collar or joint shall extend at least 8 inches radially from the submerged pipeline to provide minimal contact with the hardbottom. The spacing of the collars shall be such that the pipeline does not contact hardbottom. The plans indicate the results of hard bottom community mapping within the approved pipeline corridors. Placement of submerged pipeline shall be performed in such a fashion as to minimize coverage or impact of hard bottom communities. J-33 10M The CONTRACTOR shall mark the pipeline corridors with buoys in the hardbottom regions prior to placing the submerged pipeline. He will also mark the location for pumpout operations and booster pumps with buoys outside the hardbottom area. The CONTRAcrOR will inform the DESIGN PROFESSIONAL when the buoys are installed and provide transportation for the DESIGN PROFESSIONAL to observe the location of the buoys compared to the designated pipeline corridor borders shown in the plans. The DESIGN PROFESSIONAL will also inspect the other buoyed locations. The CONTRACTOR will also inform the DESIGN PROFESSIONAL prior to submerged pipeline, booster pump and pumpout station installation or movement, so that the DESIGN PROFESSIONAL can observe the operation. The cost for installation and inspecting pipeline corridor buoys is covered by the lump sum item for each corridor on the Bid Sheet. There are no permit requirements for the CONTRACTOR to video or inspect the pipeline corridor prior to emplacement of the pipeline, but the CONTRACTOR may conduct this activity to record the pre-construction condition of the hardbottom within the corridor. 29.3 Pipeline Leaks. The CONTRACTOR shall keep all pipelines for hydraulic plants in good condition and maintain a tight discharge pipeline at all times. The joints shall be so constructed as to preclude spillage and leakage. Pipeline leaks and breaks shall be promptly reported to the DESIGN PROFESSIONAL and properly repaired, especially in hardbottom areas. The CONTRACTOR shall transport the DESIGN PROFESSIONAL and the PROJECT MANAGER to the leak repair site for visual inspection if so requested by the DESIGN PROFESSIONAL or the PROJECT MANAGER. Failure to repair leaks or change the method of operation which is resulting in leakage that creates sedimentation over the hardbottoms or exceeds turbidity and water quality standards during transport to discharge site will result in suspension of dredging operations and require prompt repair or change of operation to prevent leakage as a pre-requisite to the resumption of dredging. 29.4 Additional Pipeline Corridors. The CONTRACTOR may, at the CONTRACTOR's own expense, investigate additional pipeline corridors to the satisfaction of the PROJECT MANAGER as well as State and Federal permitting agencies. Pipeline corridor investigation may require sidescan survey, magnetometer survey, and hardbottom investigation and mapping. Some OWNER costs are associated with establishment of new corridors. 29.5 Scows and Vessels. All scows and vessels shall be kept in good condition, the coarnings repaired and the pockets provided with proper doors or appliances to prevent leakage of material. 29.6 Floating Pipeline Barricade Requirements. Barricades shall be installed on all floating pipelines 12 inches in diameter and larger where such floating pipeline encounters J-34 . 10M land. The purpose of the barrier is to prevent access onto the floating pipeline from the beach by unauthorized personnel. 30. LAYOUT OF WORK FOR HYDRAULIC BEACH FILL PLACEMENT. 30.1 Layout OfW ork For Beach Fill Placement. The CONTRACTOR shall provide at his own expense all stakes, templates, platforms, equipment, tools, materials, and labor as may be required in laying out any part of the Work. The CONTRACTOR shall utilize Florida Department of Environmental Protection (FDEP) survey R-monuments and control data shown in the Plans to establish a construction baseline and pay profile locations at 100 feet intervals from the R-Monuments within each reach. The CONTRACTOR shall utilize cross-sections provided by the DESIGN PROFESSIONAL at FDEP monuments in order to establish the lines and grades at the 100- foot on center profiles, if not provided by the DESIGN PROFESSIONAL. If the CONTRACTOR elects to establish temporary beach marles (TBMs) through the work site, they shall be established by a closed loop of levels from a permanent beach mark or a line of levels between two permanent bench marks. Work layout may be subject to modifications by the PROJECT MANAGER to meet changed conditions or as a result of other required modifications to the Work. The layout of the Work shall be made from the updated cross-sections and not the plan views in the Contract Drawings. The CONTRACTOR may use any other control and establish any profile cross-sections deemed necessary for the layout of Work. 30.2 Contractor Acceptance of Survey: Control. The FDEP monument location coordinates and elevations for the Work site are indicated on the Plans, but shall be independently verified by the CONTRACTOR and their surveyor. The CONTRACTOR shall immediately contact the DESIGN PROFESSIONAL if any discrepancies are discovered in any of the information presented concerning all beach monumentation, including FDEP monuments. If the CONTRACTOR does not contact the DESIGN PROFESSIONAL, it is understood that the CONTRACTOR agrees with all information presented in the Plans related to beach monumentation elevation and control information. 30.3 Disturbing Monuments. The CONTRACTOR shall not disturb permanent markers or monuments and shall be responsible to maintain and preserve all monuments, stakes and other markers established by the PROJECT MANAGER unless and until authorized to remove them. If such markers are disturbed and/or destroyed by the CONTRACTOR, or through CONTRACTOR negligence, prior to their authorized removal, they may be replaced at the discretion of the PROJECT MANAGER, and the expense of replacement will be deducted from any amounts due or to become due the CONTRACTOR. 30.4 Grade Stakes. Construction and grade stakes, and any other stakes for any purpose, shall be made of steel pipe that can and will be removed intact after filling to cross sections J-35 ~; 1 OM accepted by or as directed by the DESIGN PROFESSIONAL. All stakes shall be of sufficient length above grade so they may not be accidentally covered by the fill. The CONTRACTOR shall consecutively nwnber each piece of pipe used for grade stakes, shall clearly mark that nwnber upon the pipe, and shall record the location of each numbered pipe in a grade stake log. The removal of each nwnbered pipe shall be recorded in the grade stake log at the time of the pipe/stake removal. At the request of the DESIGN PROFESSIONAL, all of the grade stake pipes shall be displayed after their removal to demonstrate those pipes that have been removed. All pipes used for grade stakes placed within the limits of the beach fill work shall be nwnbered and shall be recorded in the log. It is the CONTRACTOR's responsibility to track, locate, and completely remove all grade stakes in their entirety to the satisfaction of the DESIGN PROFESSIONAL. The CONTRACTOR shall also remove all temporary marking stakes used for the work layout upon completion of the project. Grade Stake Log. The CONTRACTOR shall prepare and maintain a log to inventory the grade stakes used on the project. The log shaH include information concerning the location, installation, and recovery of all grade stakes. The CONTRACTOR shall make this log available for review by the DESIGN PROFESSIONAL upon request. Upon completion of the project, the CONTRACTOR shall furnish the log to the DESIGN PROFESSIONAL. Grade Stake Recovery. After completion of the project, the CONTRACTOR shall provide a letter to the DESIGN PROFESSIONAL certifYing that all grade stakes have been recovered in accordance with the CONTRACTOR's approved Construction and Grade Stake Recovery Plan. 30.5 Additional Surveying Requirements. 30.5.1 General. In addition to the surveys required for the purpose of payments (described earlier), the CONTRACTOR shall make pre-construction and post- construction surveys of the beach fill area and borrow area. The post-construction borrow area surveys shall be made prior to final acceptance of all Work. 30.5.2 Pre-Construction Beach Surveys. The pre-construction beachsurvey shall comply with the following requirements: (I) A cross-section shall be surveyed at each FDEP R-Monwnent shown in the drawings. (2) All cross-sections shall be surveyed on the grid azimuths specified in the Plans. (3) Each profile shall be surveyed at twenty (20) foot station intervals from the upland vegetation line to a minimwn distance of 2,000 feet seaward of the monwnent, or to a depth of -13' NGVD, whichever is the greater distance. All original field notes, computations, and ACAD files, and other records shall be furnished to the PROJECT MANAGER and DESIGN PROFESSIONAL. This survey shall be completed prior to initial 1-36 _I 101 mobilization payment. The post-construction beach survey will be completed by the OWNER. 30.5.3 Pre/Post-Construction Borrow Area Surveys. The CONTRACTOR shall also perform pre-and post-construction borrow area surveys. Surveys of the borrow area shall comply with the following requirements: (1) The survey area should extend outside the entire permitted borrow site by a minimum of 500 feet. (2) Cross- sections of the borrow site should be surveyed perpendicular to the long axis of the borrow site. (3) Cross-sections should be surveyed at 200 ft intervals (pre- construction) and 200 ft intervals (post-construction). (4) All survey drawings shall be at a scale acceptable to the PROJECT MANAGER. Final plan view drawings shall be submitted both with and without contours, along with the CAD files. 30.6 Pre/Post-Placement (Pav) Surveys. The surveys required for payment shall be taken at 100 foot intervals south from each FDEP R-Monument. The CONTRACTOR shall survey between the + 7 foot contour or landward edge of beach to 150 feet beyond the toe of fill shown in the plans. The landward edge of beach is located at the edge of vegetation, or seaway if they come before the 7 foot NGVD contour. The 100 foot profiles shall be labeled as their distance south ofthe nearest R-Monument (R-60+200). The pre-placement survey for the first construction reach shall be completed 5 days prior to the start of construction. 31. HYDRAULIC PLACEMENT OF BEACH FILL. 31.1 General. All sand excavated from the borrow area shall be transported to, and hydraulically deposited on, the beach within the lines, grades, and cross-sections shown in the Plans except as may be modified by the provisions of this section of the Technical Provisions. The CONTRACTOR shall maintain and protect the fill in a satisfactory condition at all times until final completion and acceptance ofthe Work. CONTRACTOR will receive no payment for any fill (sand), which is not contained within the limits of the hydraulic fill template shown in the Plans. The CONTRACTOR must place a minimum of 95% of the design volume between pay profile lines and achieve the minimum fill tolerance everywhere in the project area in order to be considered for payment of that section, unless otherwise indicated by the DESIGN PROFESSIONAL in writing. 31.2 Removal of All Debris from the Fill Area. Prior to placement of fill, the CONTRACTOR shall remove from the site of the Work all snags, driftwood, and similar debris lying within the foundation limits of the beach fill section. All materials removed shall be taken from the beach area and disposed of in an appropriate and legal manner and at the expense of the CONTRACTOR. Grading and construction equipment will not be permitted outside the project limits as shown in the Plans except for ingress or egress to and from the site. J-37 1 OM 31.3 Fill Placement Requirements. The excavated material shall be placed and brought to rest on the beach to the lines, grades, and cross-sections indicated on the drawings, unless otherwise provided for herein or directed by the DESIGN PROFESSIONAL. The beach is subject to changes and the elevations on the beach at the time the Work is done may vary from the elevations shown in the Plans. The CONTRACTOR is to place the hydraulic fill on the beach in such a manner as to establish a uniform beach between adjacent pay profile lines. Sections of beach located between pay profiles will not be under:filled, as defined in the contract documents. 31.4 Fill Distribution. The fill will be distributed as shown in Appendix V. The table in this appendix shows the distribution offill by FDEP R-monuments. Each R-monument is approximately 1000 feet apart. The total fill volume in the Appendix V table is less than the bid quantity. The difference will be needed to compensate for erosion during the last year. The construction profiles will be modified based on the pre-placement surveys. The DESIGN PROFESSIONAL will provide construction profiles at 100 foot spacing based on the CONTRACTOR's pre-placement survey, time permitting. If the pre-placement surveys are provided late, the DESIGN PROFESSIONAL will provide the update construction template at each R-monument. The lOa-foot templates will be determined using a straight line interpolation at major profile inflection points between R-monuments. The DESIGN PROFESSIONAL may modify these cross-sections to keep the pay volumes in agreement with the bid volumes by reach. 31.5 Fill Placement Restrictions. The fill shall extend landward to the existing elevation contour that matches the berm crest elevation unless features such as dunes, vegetation, buildings or bulkheads, for example, prohibit fill placement. If a bulkhead or revetment extends to the design berm elevation or above, the fill shall terminate at the bulkhead or revetment. If the top of a bulkhead or revetment is below the design berm crest elevation, then the fill shall taper landward (using a 1 V on 4H slope) to one (1) foot below the crest of the bulkhead or revetment, to prevent overtopping. 31.6 Protection of Existing Outfalls. The location of existing stormwater outfalls is depicted in the Plans. The placement of fill shall be performed in such a fashion as to avoid damage to outfall pipes and associated structures. The CONTRACTOR shall take action to prevent sand from entering the outfall pipeline during construction, such as covering the pipeline opening. 31.7 Control ofFill. The CONTRACTOR shall make every attempt to retain placed fill within the beach fill template. Temporary longitudinal dikes, and spreader and pocket pipe shall be used as necessary to prevent gullying and erosion ofthe beach and hydraulic fill, to retain the hydraulic fill on the beach within the limits of the hydraulic fill template cross- J-38 1 OM section, and to control water turbidity. The pipeline discharge will be located no closer than 25 feet, or at a distance deemed safe by the CONTRACTOR, from any structure to avoid potentially undermining the structure. Dikes or mounds shall be constructed along the waterline as necessary to direct the pipeline discharge longitudinally along the beach to avoid transverse gullying direct from the discharge point to the gulf, and to build the construction berm. The DESIGN PROFESSIONAL may direct the CONTRACTOR to extend dikes, if necessary, to control turbidity or beach erosion. No undrained pockets shall be left on the renourished beach upon completion of the Work. The CONTRACTOR shall not pennit spoil water to flow landward of the fill section, or water to pond between the hydraulic fill and the upland located east of the fill area. The CONTRACTOR shall protect existing drainage and operations. Any material permitted to flow into or restrict the flow of an existing ditch, canal, or drain pipe, shall be promptly removed. Structures within the fill section shall be protected by the CONTRACTOR to prevent damage thereof by the CONTRACTOR's operations. 31.8 Uniform Beach. The filled beach between the pay profiles shall be graded, dressed (see Sections 14.9 and 14.10) and uniform in dimension. Beach sections between pay profiles shall be filled to a minimum of95% ofthe volume based on the fill templates shown in the fill template cross-sections in the Plans, and to the minimum tolerance everywhere. The constructed beach contour lines between pay profiles, including the beach berm break:, will be approximately parallel and straight line, indicating that the CONTRACTOR constructed a uniform (non-cuspate) beach between the profile lines to the appropriate elevation and width. 31.9 Undenilling Between Pay Prome Lines. If the DESIGN PROFESSIONAL or PROJECT MANAGER observe or believe they have observed underfilling of the beach between pay profile lines, the DESIGN PROFESSIONAL or PROJECT MANAGER may request an additional survey be conducted by the CONTRACTOR at the CONTRACTOR's expense. If found to be deficient, the CONTRACTOR shall place additional hydraulic fin w:til the beach is uniform in appearance and dimensions between pay profile lines, provides a straight beach benn break between pay profile lines, provides a minimum of95% of the design hydraulic fill volume and meets the minimum tolerance at all locations in the acceptance section in order to qualify for payment of that section. Fill will not be obtained from adjacent areas of the beach or from upland sources to remedy under filling. 31.10 Dressing the Renourished Beach. Upon completion of all filling operations within an acceptance section, and prior to surveying for payment, the fill shall be graded and dressed with a dragged pipe so as to eliminate any undrained pockets, ridges, and depressions in the hydraulic beach fill surfaces. The CONTRACTOR is to grade and dress the hydraulic fill on the beach in such a manner as to establish a uniform berm width and slope between adjacent pay profile lines. The bank or scarp caused by wave erosion shall be graded down J-39 10M to a slope not steeper than one (1) foot vertical to ten (10) feet horizontal to the water's edge. The CONTRACTOR shall grade down any and all beach scarps or sand cliffs in the entire restored beach until the CONTRACTOR has demobilized from the project site. 31.11 Rightto Vary Beach Design Dimensions. The DESIGN PROFESSIONAL reserves the right to vary the width or grade of the berm from the lines and grades shown on the Plans due to changes in beach conditions. The hydraulic beach fill cross-sections shown in the Plans are for the purpose of estimating the amount of hydraulic fill needed and will be used by the DESIGN PROFESSIONAL in making any change in the lines and grades. 31.12 Tolerances. Payment will be for hydraulic fill placed within the construction template only, as shown in the Plans. Because overfilling the templates may indirectly increase impacts to nearshore hardbotloms, the CONTRACTOR shall not overfill the templates by volume. The DESIGN PROFESSIONAL may require excess fill to be removed from overfilled sections at no cost to the PROJECT MANAGER. The maximum vertical tolerance below the template is 0.5 feet and the template is the upper tolerance. Hydraulic fill placement must at least meet the 0.5 feet tolerance below the template everywhere in the fill, and the minimum fill volume requirement. The upper tolerance is the template, but the template volume will be the governing limit. The CONTRACTOR shall refill any deficient section of beach to at least meet the below template tolerance, and to 95% of the fill volume for the acceptance segment. The PROJECT MANAGER will withhold payment for those sections of beach that do not meet the minimum hydraulic fill requirements until the appropriate hydraulic fill placement and grading has been completed by the CONTRACTOR. 31.13 Misplaced Materials. If any material is deposited other than in places designated or approved, the CONTRACTOR may be required to remove such misplaced material and redeposit it where directed by the DESIGN PROFESSIONAL or PROJECT MANAGER, at the CONTRACTOR's expense. 31.14 Sand Ramps. The CONTRACTOR is required to build and maintain sand ramps at least 15 feet wide over the shore pipe at 250-foot intervals throughout the project area to allow public use of completed sections of beach. Additional ramps shall be constructed in front of all beach accesses, or at the direction of the DESIGN PROFESSIONAL or PROJECT MANAGER. Upon removal of the pipe, the beach in the area of the ramps will be leveled and dressed. 31.15 Restrictive Barrier. The CONTRACTOR shall be required to erect, maintain, and move as necessary, a restrictive barrier around the discharge of his hydraulic pipeline (or other mechanical off loader) or any other active area where Work may present a safety hazard to the public. In the vicinity ofthe discharge, the barrier shall be constructed so as to J-40 J~ OM prevent the public from approaching the discharge from any direction closer than 250 feet, or to provide an area sufficient in size for the safe progression of the Work. The CONTRACTOR shall post signs in a conspicuous manner stating, "DANGER - HIGH PRESSURE DISCHARGE FROM DREDGE." 32. WORK AREA. 32.1 General. The construction area limits available to the CONTRACTOR for accomplishing the Work are shown in the Plans. The area is generally seaward of the landward limit of fill. The CONTRACTOR shall accomplish the Work in such a manner so as to minimize disruption to road traffic and disruptions to daily activities in the public beach areas. The CONTRACTOR shall exclude the public for safety purposes from the Work areas in the immediate vicinity ofthe hydraulic fill placement, grading and transporting operations, or any other area that may be dangerous to the public. The CONTRACTOR shall minimize the areas closed to the public. The CONTRACTOR shall have a dedicated safety and flag person on site at all times, whose sole responsibility is preventing the public from entering the Work area. 32.2 Construction Access and Staging Areas. The CONTRACTOR shall limit construction access and staging area to the locations and extents shown in the Plans or as approved by the PROJECT MANAGER. The CONTRACTOR shall exercise caution when operating in the access, staging and all other Work areas and driving on the beach with vehicles or equipment and operating in staging areas. The beach and adjacent areas are used heavily by the public throughout the year. The CONTRACTOR shall cordon off and/or fence the access and staging areas to accommodate public access and protect the work area. The access and staging areas shall be kept neat, orderly, and in a safe manner. All access and staging areas shall be restored to the pre-construction condition upon project completion at the cost of the CONTRACTOR. In the event infrastructure (such as walkways, sidewalks, fences, vegetation, etc.) is temporarily removed or relocated or there is unauthorized damage to vegetation and/or facilities by the CONTRACTOR, the CONTRACTOR shall restore all damage to structures and natural feature to pre-construction conditions or better. The CONTRACTOR will not receive final payment until all damage is restored to the satisfaction of the PROJECT MANAGER. If additional access and staging areas are needed, they shall be procured by and at the expense of the CONTRACTOR. The CONTRACTOR shall not close access points without approval of the PROJECT MANAGER, since public access is limited. Beach access and staging areas are as follows: Vanderbilt Beach, R-29 at the end of Vanderbilt Road Park Shore, R-53 at Horizon Way J-41 ~. 1 OM Naples Beach: R-61 at Lowdermilk Park R63.5 at 8th Avenue North R -70 at 3m Avenue South R-33 at 33m Avenue South 32.3 Vessel-Shore Transfers. For shore to vessel and vessel to shore transfers of personnel, supplies, etc, the CONTRACTOR shall secure and arrange for all landing sites, transfer areas, or staging areas at his own expense. It is the responSIbility of the CONTRACTOR to obtain the required permission and to pay any costs associated with the use of the sites. Furthermore, the CONTRACTOR shall be responsible for any damages caused by the use of any site for landing and transfers, and shall not impede navigation through navigable waterways and boat ramps. 32.4 Crane and Dragline Safety Requirements. All cranes used in performing the Work set forth in these specifications shall be equipped with geared boom hoists which require the application of power to raise and lower the boom or shall be otherwise equipped with mechanisms which will prevent the booms from being lowered by gravity. Cranes that are equipped with booms that can be lowered by either gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity. The booms of all cranes and draglines shall also be equipped with shock absorbing type backstops to prevent them from overtopping. 33. BEACH TILLING AND SCARP LEVELING. 33.1 Tilling and Dressing the Beach. The CONTRACTOR shall till the completed beach fill from the landward limit of fill to the high water mark on the beach fill upon completion of each reach. The tilling shall be by use of a tracked vehicle (bulldozer, loader, or equivalent) by pulling (rear mount) or pushing (front mount) a rake with the tines modified to a length of36 inches or more and spaced approximately 12 to 18 inches apart. The CONTRACTOR shall conduct additional tilling as necessary to ensure that all of the beach fill above the high water line has a compaction of less than 500 cone penetrometer units, as determined by the DESIGN PROFESSIONAL. Tilling will be to a minimum depth of 36 inches throughout the newly placed beach seaward to the visible high water mark. Following tilling, the beach shall again be dressed by dragging a pipe lengthwise over the beach. The pipe may be positioned immediately behind the tilling tines to allow for a single operation of tilling and dressing. Tines should be oriented to minimize bringing buried sediments to the surface or the CONTRACTOR shall be prepared to remove any rocks larger than % inch from the beach after tilling. 33.2 Beach Escarpment Elimination. The CONTRACTOR shall inspect the entire beach project areas for the formation of sand escarpments. Any escarpments in each reach J-42 .; 1 OM exceeding 12 inches in height (on average), independent of the length, shall be leveled or smoothed to eliminate the escarpment. The DESIGN PROFESSIONAL will observe the beach after leveling of escarpments to ensure that the DESIGN PROFESSIONAL agrees that all escarpments have been leveled in compliance with permits. The CONTRACTOR shall level any escarpments found by the DESIGN PROFESSIONAL or PROJECT MANAGER, at their request. 34. PROTECTION OF EXISTING STRUCTURES FROM CONSTRUCTION ACTMTY. 34.1 General. Bulkheads, revetments, upland structures, cables, ducts, anchor points outfalls, piers, groins, and other structures within the fill sections and all Work areas shall be protected by the CONTRACTOR to prevent damage thereto by the CONTRACTOR'S operations. 34.2 Pre- and Post-Construction Videos. The CONTRACTOR shall make pre- and post-construction videos of the project site, and provide copies to the PROJECT MANAGER. The videos will document the pre- and post-project conditions of the beach and structure from the initial construction start until final acceptance. One complete video shall be made of the entire project before the start of construction and one video shall be made of the completed project. The costs for all video work shall be included in the applicable contract lump sum price for the Mobilization bid item. 35. QUALITY CONTROL REPORTING. The CONTRACTOR will be required to prepare a daily Quality Control Report, and copies shall be furnished to the DESIGN PROFESSIONAL on a daily basis, at I p.m. Reports will be provided from the first day of mobilization to the last day of demobilization including site clean up. An example copy of the Daily Quality Control report is appended to this exhibit. The CONTRACTOR may substitute his own quality control report format if: (1) it contains, at minimum, all of the information required by the format example in the General Conditions and (2) the CONTRACTOR'S quality control report format is approved by the DESIGN PROFESSIONAL. Each day's Quality Control Report shall include continuous dredge draghead and cutterhead location plots. PART VI. ENVIRONMENTAL PROTECTION 36. SCOPE. The Environmental Protection section of the Contract Documents addresses CONTRACTOR responsibilities for the prevention of pollution and other environmental damage as the result of construction operations under the Contract Documents, including those measures set forth in the J-43 It 10M Technical Provisions. For the purpose of this specification, pollution and other environmental damage are defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural, and/or historical purposes, or damage/destroy hardbottom habitats. The control of pollution and damage requires consideration of air, water, land and the marine environment and includes management of construction activities, visual aesthetics, noise, solid waste, radiant energy, and radioactive materials, as well as other pollutants. The CONTRACTOR shall fulfill these specifications at the CONTRACTOR's expense. All costs associated with these sections shall be included in the unit costs for beach fill. 37. QUALITY CONTROL. The CONTRACTOR shall establish and maintain quality control for environmental protection for all items set forth herein. The CONTRACTOR shall record on Daily Quality Control reports any problems in complying with laws, regulations and ordinances, as well as project permits, and corrective action taken. 38. PERMITS. The CONTRACTOR shall comply with all requirements under the terms and conditions set out in all permits applicable to the Work. Project permit copies are provided in the contract documents. Specifically, the CONTRACTOR will familiarize himselflherself with general and specific conditions contained in the Florida Department of Environmental Protection permit (Permit no. 0222355-00 I-JC) and U.S. Army Corps of Engineers permit (Pemlit no. SAJ-2003-12405 (IP-MN)), the Collier County pennit, and other State and Federal approvals for the project. Any other licenses approvals required, including, but not limited to those that may be required by the County or City of Naples, shall be secured and paid for by the CONTRACTOR. A copy of each permit is a part of the Contract Documents. 39. SUBCONTRACTORS. Assurance of compliance with all sections of the contract by subcontractors shall be the responsibility of the CONTRACTOR, including compliance with all environmental permit requirements. 40. NOTIFICATION. The DESIGN PROFESSIONAL will notify the CONTRACTOR and the PROJECT MANAGER of any known noncompliance with the aforementioned Federal, State, or local laws or regulations, permits and other elements of the CONTRACTOR's environmental protection plan. Nevertheless, it J-44 II 1 OM remains the sole responsibility of the CONTRACTOR to comply with all applicable Federal, State or Local laws or regulations, permits and all elements ofthe environmental protection plan. Ifthere is known non-compliance, the PROJECT MANAGER will determine what action will be taken and such response will be transmitted to the CONTRACTOR by the DESIGN PROFESSIONAL, which may include stopping construction of the project until the CONTRACTOR complies with the environmental protection plan. It will also be the CONTRACTOR's responsibility that all subcontractors shall comply with all applicable laws, regulations, permit requirements and all elements of the environmental protection plan. 41. TURBIDITY CONTROL AND WATER QUALITY MONITORING. 41.1 Water Quality Monitoring By The Contractor. The CONTRACTOR shall be bound and obligated to maintain the quality of the State's waters as stipulated in project permits and in the Florida Administrative Code Rules 62-312 and 62-302 as they pertain to the Class III waters and this Contract. The CONTRACTOR will be required to make inspections, measurements and observations required by those regulations and the FDEP permit at the spoil site (beach). The CONTRACTOR shall review the Corps permit or MMS lease for requirements in Federal waters at the borrow area. This includes, but is not limited to, turbidity sampling with reports to the DESIGN PROFESSIONAL, following procedures stated in FDEP Permit No. 0222355-001-JC. Ifit is determined that the quality of the State's waters is not being maintained, the CONTRACTOR will, without delay, follow the procedures provided in the FDEP permit. The water quality monitoring and reporting costs will be incorporated into the Lump Sum cost for turbidity monitoring in the bid documents, as a separate cost. 41.2 Water Quality Monitoring Procedures. The DEP pennit for the project requires water quality monitoring to occur during project construction. The DEP permit provides the water quality monitoring program to be conducted by the CONTRACTOR. Water quality samples are to be analyzed soon after collection by the CONTRACTOR. Under no circumstances will more than two (2) hours lapse between collection and analysis of the samples. Water samples shall be tested using a calibrated turbidity meter. The turbidity meter shall be calibrated by the manufacturer within one year prior to the beginning of the project. Written documentation shall be submitted to the DESIGN PROFESSIONAL. The meter shall be calibrated with standards prior to each use. Reports, including all information required by the FDEP permit, shall be provided to the DESIGN PROFESSIONAL on a daily basis. If a water quality violation is recorded, the CONTRACTOR is required to immediately cease construction activities and contact the DESIGN PROFESSIONAL with the results of the water quality analysis. 41.3 Water Quality Violations. The CONTRACTOR is to follow all requirements concerning water quality as provided by permits for the project. In the event of a turbidity J-45 10M violation, the CONTRACTOR will take immediate corrective action indicated in project permits wruch could include stopping work, changing construction or environmental protection methods, relocation of the dredge in the borrow area or other action. Construction activities may not resume until water quality has returned to within standards (as provided by the DEP - permit). 41.4 Reporting. The DESIGN PROFESSIONAL, using CONTRACTOR water quality monitoring data, will provide all reporting to the Department of Environmental Protection on a weekly basis. 42. MITIGATIVE ARTIFICIAL REEF. The DEP permit for the Collier County Shore Protection Project requires the construction of a mitigative artificial reef. The artificial reef construction is not part of this Contract. The CONTRACTOR shall not construct the reef, and will not receive payment to do so. Locations of mitigation site will be provided to the CONTRACTOR at the pre-construction meeting and shall be avoided by the CONTRACTOR at all times. The proposed site is located in 12-16 feet of water offshore ofR-66. 43. PROTECTION OF ENVIRONMENTAL RESOURCES. The environmental resources within the project boundaries and those affected outside the limits of permanent work under this contract shall be protected during the entire period of this contract. The CONTRACTOR shall confine hislher activities to areas defined by the plans and specifications. Environmental protection shall be as stated in the following subparagraphs. J-46 Jr 1 OM 43.1 Protection of Land Resources. Prior to the beginning of any construction, and at the request of the CONTRACTOR, the DESIGN PROFESSIONAL shall identify land resources to be preserved within the CONTRACTOR's work area, which is defined as the beach seaward of the vegetation line. The CONTRACTOR shall not remove, cut, deface, injure, or destroy land resources including sand dune or benn vegetation, trees, shrubs, vines, grasses, top soil, and land forms without direct written permission from PROJECT MANAGER. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. Where such special emergency use is allowed, the CONTRACTOR shall provide effective protection for land and vegetation resources at all times as defined in the following paragraphs. The CONTRACTOR will be responsible for the replacement of any damaged or destroyed vegetation, to the satisfaction of the PROJECT MANAGER or DESIGN PROFESSIONAL. Failure to replace damaged or destroyed vegetation by the CONTRACTOR will result in replacement by the PROJECT MANAGER; cost of replacement will be deducted from monies due to the CONTRACTOR, or from monies which will be due to the CONTRACTOR by the PROJECT MANAGER. 43.1.1 Work Area Limits. Isolated areas (ifany) within the work area, which are to be saved and protected, shall also be identified by the DESIGN PROFESSIONAL or PROJECT MANAGER and marked or fenced by the CONTRACTOR. All monuments and markers shall be protected before construction operations commence. Where construction operations are to be conducted during darkness, the marks shall be visible. The CONTRACTOR shall convey to all subcontractors and personnel the purpose of marking and/or protection for all necessary objects. 43.1.2 Protection of Landscape. Trees, shrubs, vines, grasses, land forms, and other landscape features within the work area to be preserved shall be identified by the DESIGN PROFESSIONAL or PROJECT MANAGER, and clearly delineated by the CONTRACTOR, by marking, fencing, or wrapping with boards, or any other techniques approved by the DESIGN PROFESSIONAL. Unless otherwise approved by the DESIGN PROFESSIONAL or PROJECT MANAGER, no trees, shrubs, vines, grasses or other vegetation will be harmed or destroyed by the CONTRACTOR for any purpose. The CONTRACTOR shall relocate any sea oats that may be affected by construction activities. 43.1.3. Hydraulic Fill Placement. To avoid damage, no hydraulic fill will be placed within 25 feet of dunes, seawalls, structures, or vegetation by direct pipeline discharge. Mechanical or manual means shall be used to place such material. 43.1.4. Retardation and Control of Runoff. Runofffrom the construction site shall be controlled by the CONTRACTOR by the construction of diversion ditches, benches and berms to retard and divert runoff to protected drainage courses, and any J-47 1 OM measures required by areawide plans approved under paragraph 208 of the Clean Water Act. Dikes will be constructed above the mean high water line and maintained in continuous repair to allow partial settling of fine materials from dredging, or as required by permit documents. The DESIGN PROFESSIONAL can require the CONTRACTOR to extend dikes up to 500 feet in length if it is deemed necessary for retardation and control of runoff. The extension of dikes, if required, will be provided by the CONTRACTOR at no additional cost. 43.1.5 Temporary Excavations. Embankments for plant and/or work areas shall be controlled to protect adjacent areas from despoilment. 43.1.6 Disposal of Solid Wastes. Solid wastes (including clearing debris) shall be placed in containers, which are removed from the beach area and emptied on a regular schedule. The CONTRACTOR will empty containers when three-quarters full and will avoid overflow conditions. All handling and disposal shall be conducted to prevent contamination. No steel, cables, wire, pipe, drums OR ANY OTHER DEBRIS shall be permitted to be disposed overboard into the waters ofthe Gulf of Mexico or any other water body. Disposal of solid wastes or debris in the Gulf of Mexico is a violation of State and Federal laws. If such debris is found, the debris shall be removed by the CONTRACTOR at his own cost, or the cost of removal deducted from the CONTRACTOR's final payment. 43.1.7 Disposal of Chemical Waste. Chemical waste shall be stored in corrosion resistant containers, removed from the work area and disposed of in accordance with Federal, State, and Local regulations. The CONTRACTOR shall perform all maintenance of equipment, including but not limited to refueling, filter changes, and replacement of hydraulic lines in a manner so as not to contaminate soils, ground or surface waters, or any other natural resources. 43.1.8 Disposal of Discarded Materials. Discarded materials other than those, which can be included in the solid waste category, will be handled by the CONTRACTOR as directed by the DESIGN PROFESSIONAL or PROJECT MANAGER. 43.2 Protection of Fish and Wildlife Resources. The CONTRACTOR shall keep construction activities under continued surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. Species that require specific consideration, as well as measures for their protection, will be addressed in the CONTRACTOR's Environmental Protection Plan prior to the beginning of project construction. J-48 Pv. 1 ON 43.2.1 Listed Species Observer. The CONTRACTOR shall provide listed species observers certified by the NOAA National Observer Program on all hopper dredges as required by the USACE permit and the NMFS Biological Opinion on Dredging of Gulf of Mexico Navigation Channels and Sand Mining (Borrow) Areas using Hopper Dredges. The observers shall specifically look for sea turtles, manatees, whales, and all other listed marine mammal species protected by the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973 that may be in the project area. The observer may be required to carry out the responsibilities required for relocation trawling should conditions require it. The CONTRACTOR's Environmental Protection Plan shall include the names, qualifications, and certification documentation of all Listed Species Observers that will be providing observation services for the project. Alternate or additional Listed Species Observers not included in the CONTRACTOR's approved Environmental Protection Plan shall be approved by the CONTRACT ADMINISTRATOR and the DESIGN PROFESSIONAL prior to their commencement of service provision on this project. 43.2.2 Sea Turtles. If project construction occurs during a portion of the sea turtle nesting season (April 30 to October 31), construction pipes shall be placed parallel to shore whenever possible, and as far landward as possible without impacting the dune system, structures, or access points. To minimize adverse effects to sea turtles, nighttime lighting will comply with permit conditions for the project and include lowering, screening and shielding lights where possible. All temporary storage of pipes or equipment shall be off the beach whenever possible, or as far landward as possible without impacting the dune system, structures or access points. The CONTRACTOR shall comply with all permit requirements for sea turtle protection regarding construction procedures, beach lighting and dates of construction. The CONTRACTOR shall provide endangered species monitors on all hopper dredges as required by the USACE permit and NMFS Biological Opinion. 43.2.3 Manatee Protection. In order to ensure that manatees are not adversely affected by construction activities, the CONTRACTOR shall adhere to the following conditions: 43.2.3.1 The CONTRACTOR will instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence ofmanatee(s), and shall implement appropriate precautions to ensure protection of the manatee(s). 43.2.3.2 All construction personnel will be advised by the CONTRACTOR that there are civil and criminal penalties for harming, harassing or killing 1-49 J;' 1 OM manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. The CONTRACTOR may be held responsible for any manatee harmed, harassed, or killed as a result of construction activities. 43.2.3.3 Prior to commencement of construction, the CONTRACTOR shall construct and display at least two temporary signs (placards) concerning manatees. For all vessels, a temporary sign (at least 8W' x 11 ") reading "Manatee Habitat/Idle Speed In Construction Area" will be placed in a prominent location visible to employees operating the vessels. In the absence of a vessel, a temporary sign (at least 3' x 4') reading "Caution: Manatee Area" will be posted in a location prominently visible to land based, water- related construction crews. 43.2.3.4 A second temporary sign (at least 8W' x 11 If) reading "Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. AU equipment must be shut down if a manatee comes within 50 feet of operation. Any collision with andJor injury to a manatee shall be reported immediately to the Florida Marine Patrol at 1- 800 DIAL-FMP (1-800-342-5367). The U.S. Fish and Wildlife Services should also be contacted in Jacksonville (1-904-232-2580) for North Florida or in Vero Beach (1-407-562-3909) in South Florida." will be located prominently adjacent to the displayed issued construction permit. Temporary notices are to be removed upon completion of construction. 43.2.3.5 All vessels associated with the project shall operate at "idle speed/no wake" at all times while in the construction area and while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 43.2.3.6 If manatees are seen within 100 yards of the active daily construction/dredging operation, all appropriate precautions shall be implemented to ensure protection ofthe manatee(s). These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown ofthat equipment. A "spotter" will visually follow the manatee to ensure that the manatee has left the construction area before equipment operation resumes. 43.2.3.7 Siltation barriers, if used, must be properly secured so that manatees cannot become entangled, and are monitored at least hourly to avoid manatee J-50 10M entrapment. Barriers must not block manatee entry to or exit from essential habitat. 43.2.3.8 The CONTRACTOR will maintain a log detailing sightings, collisions, or injuries to manatees should they occur during the contract period. The CONTRACTOR will also report any sightings, collisions or injuries to the DESIGN PROFESSIONAL in the Daily Quality Control Reports. 43.2.3.9 Any collision with and/or injury to a manatee shall be reported immediately to the Florida Marine Patrol (1-800-DIAL-FMP), to the Office of Protected Species Management (904) 922-4330 and to the DESIGN PROFESSIONAL. 43.2.4 Hardbottom Resource Protection. The CONTRACTOR shall protect all hardbottom resources (nearshore and offshore) during all phases of the project except as noted in the Plans and as allowed by the State and Federal Permits. The location of Nearshore hardbottom resources and those located within pipeline corridors, are shown in the plans. 43.2.4.1 Hardbottom communities exist offshore of Collier County, within the project area, offshore of the beach fill area and further 0 ffshore in deeper water. The CONTRACTOR shall avoid contact with any and all hardbottom communities that do not fall within the beach fill placement template, both during mobilization and demobilization as well as project construction. The hardbottom regions have been investigated within 1,000 feet from the shoreline and within the pipeline corridors shown in the plans. These investigations have identified the landward edge of the hardbottoffi, but not the offshore extent. The offshore edge of the nearshore hardbottom may extend up to 3,000 or 4,000 feet offshore, as indicated by the benthic communities region shown within the pipeline corridors in the plans (Sheets PL-l to PL-5). Patches and bands of hardbottom exist further offshore. There is no known hardbottom within 400 feet of the borrow area borders, but the Gulf bottom further away may contain hardbottom-but no investigation has been conducted in the region beyond 400 feet from the borrow area. The location of nearshore hardbottom areas fronting the beach fill areas is provided in the Plans for the convenience of the CONTRACTOR, however, the CONTRACTOR shall not depend solely on the hardbottom mapping J-51 1 OM provided. It will be the responsibility ofthe CONTRACTOR to utilize divers and/or any other means to ensure that there are no hardbottom formations in jeopardy prior to placing pipes, spuds, anchors, cables, drag arms or any other objects on the bottom. It will be solely the responsibility of the CONTRACTOR to avoid all hardbottom formation and hardbottom biological communities other than those that may be located within the beach fill construction template and within the pipeline corridors. The CONTRACTOR shall take note that the State of Florida has levied significant fmes to dredge contractors who have damaged protected hardbottom communities. The CONTRACTOR will be responsible for any and all costs, legal expenses, hardbottom repairs or mitigation requirements, or any other related expenses including fines, levied by the Local, State or Federal governments with jurisdictional or regulatory authority for damage to hardbottom communities, other than those hardbottom communities which are, by pennit, acknowledged to be covered with fill as part of project construction. No hopper dredge overflow shall be permitted to occur directly above or in close proximity to hardbottom communities. 43.2.4.2 Floating Equipment and Work Limits. In order to minimize the passage offloating equipment and vessels over the hardbottom (reef) system offshore of Collier County, vessel and equipment accesses lanes, areas, and turnaround zones shall be developed by the CONTRACTOR into a vessel operations plan for review and approval by the DESIGN PROFESSIONAL. The CONTRACTOR shall develop accesses to the borrow area and pumpout areas. The CONTRACTOR's access routes and work area shall be located wi thin designated pipeline corridors or areas cleared of hard bottom resources by the contractor to the maximum extent possible. Work areas and pumpout operations shall occur seaward of the nearshore hardbottom, which may be up to 4,000 feet offshore. No vessel (dredge, tug, crew boat, survey boat, barge, etc.) shall utilize areas outside the established accesses and work areas except for placing or removing a submerged pipeline, or when there is a risk to the safety of personnel or equipment. Mobilization and demobilization of all floating equipment (dredges, tugs, pushboats, crew boats, floating pipelines, barges, derrick barges, anchor barges, SCOTS buoys, etc.) to and from the project site shall be controlled by the CONTRACTOR to avoid contact with any and all hardbottom. Avoidance of damage to hardbottoms is entirely the responsibility of the CONTRACTOR. The CONTRACTOR shall access the borrow areas and the seaward ends of the submerged pipelines through the navigational access corridors identified in the approved plans. Navigation 1-52 101 outside of the approved accesses, and pumpout locations by any of the CONTRACTOR's floating equipment is prohibited. Navigation of vessels outside of the work areas to set, repair, or remove a submerged pipeline may occur subject to observation ofthe work by the DESIGN PROFESSIONAL. While in the vicinity of hard bottom areas, including all areas east ofthe -30 foot NGVD contour, the CONTRACTOR shall directly push or tow with polypropylene (floating) lines all floating equipment that is not self- propelled. No cables, equipment or other objects shall sag or hang over the side of the dredge, any barges or tugs, or any other vessels, floating pipelines, pontoons or floating equipment. 43.2.4.3 Anchoring of Floating Equipment. The CONTRACTOR shall anchor or moor his floating equipment in approved areas only. Approved areas include: the borrow area and the work areas identified at the west ends of the pipeline corridors. The CONTRACTOR will propose all anchorage areas to the DESIGN PROFESSIONAL who will review and, if acceptable, approve the areas for use. The CONTRACTOR should use areas within the pipeline corridors outside the benthic communities to the maximum extent feasible. The use of non-floating lines shall be restricted to the approved work zones as defmed herein, and at no time shall the use of non-floating lines be allowed within the project area for purposes other than anchoring floating equipment. It is the CONTRACTOR's sole responsibility to restrict floating equipment movement, while moored, to the designated work zones and borrow areas. The CONTRACTOR shall notifY the DESIGN PROFESSIONAL prior to any offshore diver investigation. The CONTRACTOR shall provide transportation and escort to the DESIGN PROFESSIONAL to view any proposed anchorages or mooring areas. 43.2.4.4 Monitoring by Others. The CONTRACTOR should be aware that all mobilization, demobilization, and construction activities may be monitored by Federal, State, and County for the duration of the project. 43.3 Protection of Air Resources. The CONTRACTOR shall keep construction activities under surveillance, management, and control tominimizepollution of air resources. All activities, equipment, processes, and work operated or performed by the CONTRACTOR in accomplishing the specified construction shall be in strict accordance with the applicable air pollution standards of the State of Florida (Florida Statute, Chapter 403 and others) and all Federal emission and performance laws and standards. 43.4 Protection of Sound Intrusions. The CONTRACTOR shall keep construction activities under surveillance, and control to minimize damage to the environment by noise. J-53 1 OM Ifbooster pumps are used on the beach, the CONTRACTOR shall provide adequate muffler systems and erect a sound barrier to deflect noise in the waterward direction and away from buildings. The location of the booster pumps shall be selected to avoid placement adjacent to residences, and shall be approved by the DESIGN PROFESSIONAL. 43.5 Dispensing of Fuel. The CONTRACTOR for each fuel storage tank must pr,?vide secondary containment, which is capable of holding at minimum 110% ofthe tank contents. Fuel dispensers shall have a 4- foot square, 16-gauge metal pan with borders banded up and welded at corners right below the bibb. Edges of the pans shall be 8-inch minimum in depth to ascertain that no contamination of the ground takes place. Pans shall be cleaned by an approved method immediately after every dispensing of fuel and wastes disposed of offsite in an approved area. Should any spilling of fuel occur, the CONTRACTOR shall immediately contain the spill and contact the appropriate local authorities. The CONTRACTOR will be solely responsible for any [illes, penalties or other legal activities related to fuel spills. 43.6 Temporary Sanitary Facility. The CONTRACTOR shall supply and maintain, at minimum, one (1) temporary sanitary facility for the use ofland based employees and subcontractors. The facility shall be conveniently located in the vicinity of the beach disposal operation, but away from residential buildings along the coastline. The facility shall be removed at the end of the project. 43.7 Storage of Lubricants. All lubricants and other potential liquid pollutants shall be stored in sealed, non-corrosive containers. Individual containers shall be stored in metal pans with borders banded up and welded at the corners right below the bibb. Pans shall be deep enough to prevent contamination ofthe ground. Pans shall be kept clean of all spillage or leakage. 44. POST CONSTRUCTION CLEAN-UP. The CONTRACTOR shall clean-up any area used for construction as stated in General Condition Section on Final Clean-Up. 45. RESTORATION OF LANDSCAPE DAMAGE. The CONTRACTOR shall restore all landscape features damaged or destroyed during construction operations outside the limits of the approved work areas. Such restoration shall be in accordance with a plan submitted for approval by the DESIGN PROFESSIONAL. This work will be accomplished at the CONTRACTOR's expense. Final payment to the CONTRACTOR shall not occur until the DESIGN PROFESSIONAL and the PROJECT MANAGER are satisfied with the J-54 .. 1 01 CONTRACTOR's effort to restore landscape or any other damage caused by the CONTRACTOR or his subcontractors. 46. MAINTENANCE OF POLLUTION CONTROL FACILITIES. The CONTRACTOR shall maintain constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 47. TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL AND ENVIRONMENTAL PROTECTION. The CONTRACTOR shall train all subcontractors and personnel in all phases of environmental protection. Personnel and subcontractors will be familiar with permit requirements, and with the necessity of protection of all habitats, including offshore hardbottom communities. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities to insure adequate and continuous environmental pollution control. Quality Control and supervisory personnel shall be thoroughly trained in the proper use of monitoring devices and abatement equipment, and shall be thoroughly knowledgeable of Federal, State, and local laws, regulations, and permits as listed in the Environmental Protection Plan submitted by the CONTRACTOR. Quality Control personnel will be identified in the Quality Control Plan submitted in accordance with the General Conditions. 48. FUEL OIL TRANSFER OPERATIONS. In accordance with the U.S. Coast Guard regulations (33 CFR 156.120, or as revised or updated), couplings used in fuel oil transfer operations on any vessel with a capacity of250 or more barrels of oil (or fuel) shall be either a bolted or full-threaded connection; or a quick-connect coupling approved by the Commandant; or an automatic back-pressure shutoff nozzle used to fuel the vessel. An executed fuel oil transfer (Declaration) form signed by the tanker man shall be completed for each refueling operation. The U.S. Coast Guard shall also be notified prior to any refueling. 49. NOISE CONTROL. 49.1 Hauling and Excavating Equipment. All hauling and excavating equipment, including dredges, used on this Work shall be equipped with satisfactory mufflers or other noise abatement devices. The CONTRACTOR shall conduct his operations so as to comply with all Federal, State, and local laws pertaining to noise. The use of horns, whistles, signals, and handling of dredge pipelines shall be held to the minimum necessary in order to ensure as quiet an operation as possible while maintaining safety on the job site. J-55 1 OM 49.2 Booster Pumps Noise Control. Booster pumps used on this Work shall be equipped with satisfactory mufflers and/or other sound abatement devices to reduce engine noise. A sound barrier will be constructed landward of any shore based booster pumps in order to reflect noise waterward. Booster pumps shall be positioned away from residential buildings to the maximum extent possible. The CONTRACTOR shall conduct his operations so as to comply with all Federal, State, and local laws pertaining to noise. 50. PUMPING OF BILGES. CONTRACTORS are cautioned that pumping oil or bilge water containing oil into navigable water or into areas, which would permit the oil to flow into such waters, is prohibited by Section 13 of the Rivers and Harbors Act of1899 approved March 3,1899 (30 Stat. 1152; 33 D.S.C. 407). Violation of this prohibition is subject to penalties provided for under the referenced acts. 51. ENVIRONMENTAL PROTECTION PLAN. Seven (7) days prior to the pre-construction meeting, the CONTRACTOR shall submit in writing an Environmental Protection Plan to the DESIGN PROFESSIONAL. Approval of the CONTRACTOR'S plan will not relieve the CONTRACTOR of his responsibility for adequate and continuing control of pollutants and other environmental protection measures. The Environmental Protection Plan shall include but not be limited to the following: 51.1 Methods for protection of features and habitats to be preserved within authorized work areas. The CONTRACTOR shall prepare a listing of methods to protect resources needing protection, i.e. all vegetation, trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological and cultural resources, manatees, and the marine hardbottom habitat. 51.2 Procedures to be implemented to provide the required environmental protection and to comply with the applicable permits, laws and regulations. The CONTRACTOR shall provide written assurance that immediate corrective action will be taken to correct pollution of the environment due to accident, natural causes or failure to follow the procedures set out in accordance with the Environmental Protection Plan. 51.3 A list of Federal, State, and local laws, regulations, and permits concerning environmental protection, pollution control, and abatement that are applicable to the CONTRACTOR'S proposed operations and the requirements imposed by those laws, regulations, and permits. 51.4 Methods for protection of features and habitats to be preserved within authorized work areas. The CONTRACTOR shall prepare a listing of methods to protect resources 1-56 .' 1 OM needing protection, i.e. all vegetation, trees, shrubs, vines, grasses and ground cover, landscape features, air and water quality, fish and wildlife, soil, historical, archeological and cultural resources, manatees and all marine hardbottom areas. The last item shall receive special attention in the plan. 51.5 Drawings showing locations of any proposed temporary excavations or embankments for haul roads, material storage areas, structures, sanitary facilities, and stockpiles of excess or spoil materials. 51.6 Environmental monitoring plans for the jobsite, including land, water, air and noise monitoring. 51.7 Oil spill prevention. 51.8 Oil spill contingency plan. 51.9 Vessel operations plan. 51.10 A hardbottom protection and avoidance plan. 51.11 A marine (sea) turtle protection plan. 51.12 A manatee protection plan. 51.13 Work area plan showing the proposed activity in each portion of the area and identifYing the areas oflimited use or nonuse. Plan should include measures for marking the limits of use areas. 51.14 The location of the solid waste disposal area. 51.15 A statement as to the person who will be responsible for implementation of the Environmental Protection Plan. The CONTRACTOR personnel responsible shall report directly to the CONTRACTOR'S top management and shall have the authority to act for the CONTRACTOR in all environmental protection matters. 51.16 A statement acknowledging that the CONTRACTOR is responsible for environmental protection, including all of the CONTRACTOR's personnel and subcontractors. 51.17 The Environmental Protection Plan will be dated and endorsed by the individual of top management in charge of the construction. J-57 . 1 OM 52. PERMIT TIME EXTENSIONS. 52.1 Permits for the project require construction activities to be completed by April 30. If construction is not completed within the time frame of the permits, the PROJECT MAN AGER may seek modification of permits to allow construction past permit deadline for construction completion, but it is not the OWNER's policy to work on the beach during sea turtle nesting season. If an extension of time in the permits to complete construction is not obtained, or if the time extension granted to the PROJECT MANAGER is not sufficient to complete construction, then the PROJECT MANAGER may take one of the following actions: 52.2 Require the CONTRACTOR to remobilize, at the CONTRACTOR's own expense, to complete the project as permit conditions and time frames allow ifit is determined by the PROJECT MANAGER and DESIGN PROFESSIONAL that the CONTRACTOR failed to complete the project by the end of the construction period as identified in the Contract or the permits, due to the negligence of the CONTRACTOR in avoiding delay. 52.3 Terminate the Contract and compensate the CONTRACTOR for fill placed within the construction template(s) and for demobilization from the project site in accordance with Contract Documents. 52.4 Negotiate with the CONTRACTOR to seek an acceptable agreement allowing for project completion when (if) permits and regulatory agencies allow for the resumption of project construction activities. PART VII. SAFETY REQUIREMENTS. 53. SAFETY GUIDELINES. The following plans will be submitted to the DESIGN PROFESSIONAL and PROJECT MANAGER for information purposes only. Submission of the plans does not constitute an endorsement on the part of the PROJECT MANAGER or DESIGN PROFESSIONAL that the CONTRACTOR's procedures are safe or meet applicable standards. Safety is the CONTRACTOR's sole responsibility. 53.1 CONTRACTOR Responsibility for Safety. The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: J-58 10M OWNER's personnel, the DESIGN PROFESSIONAL and his representatives, State and Federal personnel, the public, all employees and subcontractors involved in the Work and all other persons who may be affected thereby; All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and, Other property at the site or adjacent thereto, including trees, shrubs, lawns, natural vegetation, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 53.2 Compliance with Safety Laws. The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction over the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection, and have at the work site at all times a dedicated safety and flag person. The CONTRACTOR shall notifY owners of adj acent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRA CTOR, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR. The CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the DESIGN PROFESSIONAL has issued a notice to the PROJECT MANAGER and CONTRACTOR in accordance with Section "Final Acceptance and Payment" of the General Conditions that the Work is acceptable. 53.3 Familiarity with Safety Standards. The CONTRACTOR shall review the accident prevention clause of the Contract, the Corps of Engineers Manual, General Safety Requirements, EM 385-1-1, dated 03 September 1996 (or most recent version), and all changes and amendments thereto, and the latest Occupational Safety and Hazard Agency (OSHA) standards, to assure himself that he has full knowledge of the personal protective equipment that must be provided workmen and that he is familiar with the safety standards applicable to the prevention of accidents during the construction of this project and shall comply with all applicable provisions. 53.4 Diving Plan. The CONTRACTOR shall submit to the DESIGN PROFESSIONAL and the PROJECT MANAGER, as part of his written plan for quality control, a diving plan if diving is included as a part ofthe planned operations, at least seven (7) days prior to the pre-construction conference. The intent of this requirement is to assure safe diving and particularly when emergencies, marine maintenance, or underwater problems occur which require diving. Additionally, the CONTRACTOR is to determine that placement of spuds, J-59 ..L OM anchors, pipes, etc. will not impact hardbottom communities; a procedure which may require diving. All diving shall be conducted in accordance with the requirements of the most recent versions of the following documents: 53.4.1 U.S. Navy Diving Manual, Volume I and II (NA VSEA0994-LP-001- 9010 and NA VSEA 0094-LP-001-9020). 53.4.2 U.S. Army Corps of Engineers' Safety and Health Requirements Manual, EM 385-1-1. Section 30. 53.4.3 U.S. Army Corps of Engineers, Jacksonville District Regulation CESAJR 385-1-1, Appendix P, "Contract Diving Operations." 53.4.4 29 CFR, Part 1910, Subpart T, OSHA Regulations. 53.4.5 The Dive Operations Plan is to include all the items specified in paragraph 30.A.13 of EM 385-1-1. This plan shall contain information specific to the diving operations to be performed. Submission of the plan does not constitute an endorsement on the part of the PROJECT MANAGER or DESIGN PROFESSIONAL that the CONTRACTOR's diving procedures are safe. The plan is intended to provide a method by which the CONTRACTOR demonstrates an awareness of diving standards. 53.5 Accident Prevention Plan. The CONTRACTOR is required to submit to the DESIGN PROFESSIONAL an accident prevention plan seven (7) days prior to the pre- construction conference. The accident prevention plan must be in accordance with all Federal safety standards as specified in EM 385-1-1, dated September 1996, entitled "Safety & Health Requirements Manual." Submission of the plan does not constitute an endorsement on the part ofthe PROJECT MANAGER or DESIGN PROFESSIONAL of the CONTRACTOR's accident prevention plan. 'The plan is intended to provide a method by which the CONTRACTOR demonstrates an awareness of Federal safety standards. 53.6 Hazard Communication. The CONTRAcrOR shall comply with the requirements of OSHA 1910.1200, the Hazard Communication Standard. General requirements are as follows: 53.6.1 Provide a written program describing implementation method of the previously referenced standard. This shall be provided to the DESIGN PROFESSIONAL within seven (7) days prior to the pre-construction conference. J-60 1 OM 53.6.2 Ensure that the CONTRACTOR's personnel are informed about health and physical hazards associated with materials to be used. 53.6.3 Ensure that a hazardous material inventory is available to the PROJECT MANAGER upon request. 53.6.4 Ensure proper labeling of hazardous material containers. 53.6.5 Ensure Availability of a Material Safety Data Sheet on site. 53.7 Oil and Hazardous Material Spills and Containment. The CONTRAcrOR shall ensure that all hazardous material spills are immediately reported to the proper authorities and to the PROJECT MANAGER. All hazardous material spills shall be immediately cleaned up in accordance with the U.S. Army Corps of Engineers' Safety and Health Requirements Manual, EM 385-1-1. In accordance with EM 381-1-1, the CONlRACTOR shall use suitable methods such as dikes or curbs to prevent the spread of hazardous materials from above ground storage tanks and piping in case ofleakage. 53.8 Confined Space Entry. 53.8.1 The CONlRACTOR shall submit a confined space entry plan as part of his written proposal for accident prevention, as specified in Section 28.5. This plan shall satisfy the requirements specified in 29 CFR 1910.146, or its most recent version. 53.8.2 Confined space is any space having limited openings for entry and exit, not intended for continuous occupancy, and unfavorable natural ventilation which could contain or have produce dangerous concentrations of airborne contaminants or asphyxiates. Confined spaces may include but are not limited to storage tanks, holds of vessels, manholes, process vessels, bins, boilers, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, trenches, vats, and open top spaces more than 4 feet in depth such as pits, tubs, vaults and vessels, or any place with limited ventilation. 53.8.3 Prior to entering a confined space, the Work environment shall be tested by a competent person using properly calibrated approved equipment to determine the extent of potential hazards. If the atmosphere cannot be determined by testing, an immediately Dangerous to Life and Health situation shall be assumed (See 29 CFR 1910.146). The evaluation shall consider the potential for evolution of toxic substances as well as oxygen content. Testing for toxic substances shall be performed prior to each entry and on a continuous or frequent (as stipulated in the J-61 1 01 Confined Space Entry Procedure) basis while personnel are working in confined spaces. 53.10 Activity Hazard Analysis. The CONTRACTOR is required to submit to the DESIGN PROFESSIONAL as part of his written plan for quality control an Activity Hazard Analysis. The Activity Hazard Analysis is outlined in EM 385-1-1, Section 01.A., Figure I- I. 53.11 Safety Person Requirement. The CONTRACTOR shall employ at the project site a permanent Safety and Occupational Health person (Safety Officer) to manage the CONTRACTOR's accident prevention program. The Safety Officer shall be on duty during any work of a complex nature including, but not limited to, the relocation of utilities; work on or around structures; work on or around existing disposal area dikes; spoil placement on the beach; or when blasting or other potentially hazardous activities are occurring. The principal Safety Officer shall report to and work directly for the CONTRACTOR's superintendent or the corporate safety office. The Safety Officer shall have the authority to take immediate steps to correct unsafe or unhealthful conditions. The presence of the Safety Officer will not abrogate safety responsibilities of other personnel. Qualifications for Safety Officer: Shall have a degree in a technical or scientific field or safety in a four-year, or longer, program from an accredited school; or Shall have at least 1 year of experience in safety and occupational health work. Seven (7) days prior to the pre-construction conference, the CONTRACTOR shall submit to the PROJECT MANAGER, for approval, the name and qualifications of the proposed Safety Officer(s) and a functional description of duties. 53.12 Hurricane and Severe Storm Plan. The CONTRACTOR shall submit a Hurricane and Severe Storm Plan within seven (7) days prior to the pre-construction conference. This plan shall include but not be limited to the following: Time intervals before storms strike the project area when action will be taken and details of the actions to be taken. The plan should be specific as to what weather/wave conditions will require Work shutdown, removal of dredge, etc. List of the equipment to be used on the job and its ability to handle adverse weather and wave conditions. J-62 1 OM List of safe harbors or ports and the distance from the Work area to these harbors and the time required to move the equipment to these harbors or ports. Copies ofletters of approval for the use of these safe harbors or ports (local authorities, U.S. Coast Guard, etc.) where applicable. Method of securing equipment in these safe harbors or ports. List of equipment to be utilized to make this move to safe harbors or ports (tug boats, work boats, etc.), to include the name and horsepower of this equipment. The plan will include only equipment capable of making the move to safe harbors or ports in adverse weather or sea conditions. Methods of securing equipment not moved; i.e., pipelines (floating or submerged), pumpout stations, etc. Plan of evacuation to include interim measures; i.e., immediate reaction plans to be taken for all storm occurrences, particularly sudden/flash storms. Operating procedures to be undertaken when critical dredge equipment fails during sudden and severe adverse weather conditions, to include breaking of spuds, swing wires, anchor wires, or other mooring equipment or facilities, or inability of tugs or similar vessels to secure the dredge. The CONTRACTOR shall continually monitor the NOAA marine weather broadcasts, and avail themselves of such other local commercial weather forecasting services as may be available. Submission of a Hurricane and Severe Storm Plan does not constitute an endorsement on the part of the PROJECT MANAGER or DESIGN PROFESSIONAL as to the adequacy of the plan. 54. ELECTRICITY. All electric current required by the CONTRACTOR shall be furnished at his own expense. 55. FIRE EXTINGUISHER-MOBILE CONSTRUCTION EQUIPMENT. The CONTRACTOR is specifically required to provide, at minimum, a fire extinguisher on all mobile construction equipment with at least a basic minimum extinguisher rating of20-B:C; which is equivalent to a 10-15 pound dry chemical extinguisher, compatible to the hazard involved; combustible, flammable liquids and materials used in areas remote to other fire extinguisher equipment. J-63 10M APPENDIX I QUALITY CONTROL REPORT FORM . 10M DAILY CONTRACTOR QUALITY CONTROL REPORT Date: Contract Day (Report is due by 12:00 p.m. of the following day) PROJECT: Collier County Beach Nourislunent Project WEATHER: (Clear) (P. Cloudy) (Cloudy) (Rain) TEMP. Min. Max. Wind Speed Wave Height at: Borrow Site Beach disposal Wave Direction mph Direction_ feet feet Authorized Pipeline Corridor Utilized: Booster Pump(s) Location: Hydraulic Offloader Location: Are collars being used on pipeline? If so, where? LOCA nON OF DISCHARGE: feet (north/south) of profile line no. DRESSING OPERA nONS COMPLETE TO: feet (north/south) of profile line no. CONTRACTOR/SUB-CONTRACTOR and area of responsibility: 1. Work Performed Today: (Indicate location and description of work performed. Provide beach fill advance over last 24 hours. Attach dredge position printouts and plot to this report. ) 2. Results of Surveillance: (Include satisfactory work completed or deficiencies with action to be taken.) . J. UM 3. Buoy Check: Borrow area buoys were checked today at (time). Did borrow area buoys require resetting (Yes/No)?_. Attach a list of coordinates of the buoys surveyed today and their deviation from the coordinates listed in the plans. 4. Water Quality Monitoring: Was water quality monitoring conducted today in compliance with project permit requirements of the Florida Department of Environmental Protection Permit No. 0163435-001-JC and water quality protection laws, and the results provided to the DESIGN PROFESSIONAL and PROJECf MANAGER (Yes/No)? Borrow area sampling occurred at the following times: Beach discharge sampling occurred at the following times: 5. Verbal Instructions Received: (List any instructions given by the DESIGN PROFESSIONAL or PROJECT MANAGER, construction deficiencies, retesting required, etc., with action to be taken.) 6. Remarks: (Cover delays and any conflicts in Plans, specifications or instructions.) 7. Safety Inspection: (Report violations noted; corrective instructions given; and corrective actions taken.) 8. Equipment Data: (Indicate items of construction equipment other than hand tools at job site and whether or not used and if operable.) . 10M 9. Dredge Status: (Is the dredge working, not operating due to weather/sea state, or is it under repair?) 10. A voidance of Overdredging: Do you certify that the dredge has excavated within the horizontal and vertical limits of the borrow areas, as shown in the Plans (Y es/No)? 11. Protection of Hard bottom Communities: Do you certify that hardbottom communities are being protected as specified in the Contract Documents (Y es/No)? 12. Progress Summary: This Day To Date Worked Hours Downtime Hours (Explain Below) Length of Discharge Advance on Beach (Ft.) Sand Volume Pumped (Estimated c.y.) Volume Pay (c.v. acceoted sections only) Linear % Completed Estimate of Rock Volume (c.y.) placed in disposal area Explanation of Downtime: CONTRACTOR's Verification: The above report is complete and correct, equipment used, and works performed during this reporting period are in compliance with the contract drawings and specifications except as noted above. CONTRACTOR's Approved Authorized Representative j l APPENDIX n VIBRACORE LOGS FROM BORROW AREA T-l J 1 OM . DRILLING LOG I DIVISION: INSTAUAlION: SHEET 1 of1 1. PROJECT COLLIER COUNTY 10. SlZEAND TYPE OF IlrT 4" (Coordinales or Station) 11. DATUM FOR ElEVATION SHOWN (TBM DrMSl) 2. LOCA lION ..,.,,,,, NAD83 Fl East X ~ 204492 Y=751984 12. MANUFACTURER'S DESlGNAlION OF DRILL 3. DRlWNG AGENCY: Alpine AJnine ... HOLE NO. (As shown on drawing litle and tile numbet) 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-0~34 Dlslurbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 6. NAME OF DRILLER Jim Cole 16. ElEVATION GROUNDWATER 6. D1RECTlON OF HOLE 16. DAlE HOLE Slarted Completed VERTICAL QIHIn. 11.AO 17. ELEVATION TOP OF HOLE -36.2 FT 7. llICKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 99% 8. DEPTH DRILLED INTO ROCK NIA 19. S1GHAlURE OF GEOlOGIST Ml 9. TOTAL DEPTH OF HOLE 19.8 FT 2 CLASSIFICATION OF MATERIALS CORE ii ELEV. DEPTH w (Description) REC REMARKS ~ % -36.2 o f>e 1": Sample #1. Depth ~ 2.0 1 Mean (mm): 0.29. Phi Sorting' 0.72 2"" SAND, medium grained, quartz, trace silt. Shell: 3.9%, Sill: 1.26% (SP) trace shell hashlshell fragments. Ihree 3': O.S" shell fragments @ 2.9', tight gray (5Y-711), (SW). 4~ Sample #2. Depth ~ 4.0 2 Mean (mm): 0.29, Phi Sorting: 0.74 ~ Shell: S.S4%, Sill: 1.2S% (SP) -41.S S~ - medium grained, quartz, trace silt. trace Sample #3. Depth = 6.0 6-; shell hash, little shell fragments, 0.5" shell 3 Mean (mm): 0.31. Phi Sorting: 0.85 .43.1 - fragments @ 5.3', 5.S', 5.9'. and 6.3', light Shell: 5.22%, Silt: 1.54% (SP) ~ 7 gray (SY-711), (SW). ./ 8- ~ 9-: Sample #4, Depth ~ 10.0 . : 4 Mean (mm): 0.26, Phi Sorting: 0.67 1 _ Shell: 2.04%, Silt: 1.38% (SP) : 11-: : medium grained, quartz, trace silt. trace 12': - : shell hashlshell fragments, 1" shell ~ fragment @ 10.7'. light gray (SY-711). 13': (SW). 14': .~ Sample #5, Depth ~ 15.0 1S- 5 Mean (mm): 0.2S, Phi Sorting: 0.70 1 ,- Shell: 1.98%. Silt: 2.39% (SP) : 17": -54.4 18"'; 1~ .:. SAND, medium grained, trace silt. some Sample #6, Deplh = 19.0 6 Mean (mm): 0.26, Phi Sorting: 1.48 1,-;; . '. shell hash, light gray (5Y-711). (SW.SM). Shell: 10.7S%. Silt: 4.84% (SW-SM) -5Si;9 ~ .:. 20-: f\ NO RECOVERY ~ ~ End of Boring 21- 22~ Note: 1) Soits are field visually classified in accordance with the 23': Unified Soil Ctassification System. =: 24- I PROJECT: Colier County I HOLE NUMBER: CCVC.O,,"34 . 10M HOlE NO CCVC-03-34 ~ HOLE NO CCVC-03-35 1. PROJECT DRILUNG LOG I DIVISION: COLLIER COUNTY INSTAllATION: 10. SIZE AND TYPE OF BIT 4" 11. DAlUM FOR ELEVATION SHowMTBM or MSL) NGVD 12. MANUFACTURER"S DESIGNATION OF DRIll Alpine 13. lOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 15. ELEVATION GROUND WAlER 16. DAlE HOLE S""ed Completed 8/11/03 13.n7 17. ELEVATION lOP OF HOLE -43.3 FT 16. TOTAL CORE RECOVERY FOR BORING 97% 19. SIGNATURE OF GEOLOGIST ML SHEETi of 1 (Coordinates or Station) 2. LOCATION NAD83 FL Eas1 X=203499 Y=750665 3. DRlWNG AGENCY: Alpine 4. HOlE NO. (As shO'lMl on drawing titie and file r.umher) 5. NAME OF DRILLER 6. D1REcnON OF HOLE CCVC-03-35 Jim Cole VERTICAL 7. THICKNESS OF BURDEN 0.0 FT 8. DEPlll DRILLED INTO ROCK NlA 9. lOTAL DEPTH OF HOlE 17.9 FT ELEV. ~ ~ -50.8 - ~ -55.8 !--- DEPTH o 1.,,'::: 2-':'. 3- '::.: 4- '::;' 5": 6'; 7- ::,: - .. . 8... :::. 9--) 10- :.: 11-~ 12- '.:. 13- . . 14- . -58.3 15 16-: . -60.6 17- -61.2 18 1~ 20'" 21"" 22- 23- 24- o Z 111 Cl 111 -' CORE REC % wlr ..JW lLm :0:0 <(::> UlZ REMARKS CLASSIFICATION OF MATERIALS (Descrtptlon) SAND, medium grained. quartz. trace silt. trace shell hash, iight gray (5Y-7I1), (SW). Sample #1. Depth = 3.0 Mean (mm): 0.40. Phi Sorting: 1.04 Shell: 10.15%, Sitt: 1.3% (SW) SAND, medium grained, quartz, trace silt. trace shell hash, 2" whole shell @ 6.4', light gray (5Y-7/1), (SW). 2 Sample #2, Depth = 6.0 Mean (mm): 0.27. Phi Sorting: 0.70 Shell: 2.08%. Sitt: 1.49% (SP) SAND, medium grained. quartz, trace silt, trace shell hash, 2" coral fragment @ 8.6', light gray (5Y-7/1). (SW). 3 Sample #3, Depth = 9.0 Mean (mm): 0.31. Phi Sorting: 0.86 Shell: 2.89%, SiH: 1.37% (SW) medium grained, quartz. trace silt, trace sheU hash, little shell fragments up to 0.5", light gray (5Y.7/1), (SW) Sample #4. Depth = 11.5 Mean (mm): 0.46. Phi Sorting: 1.71 Shell: 18.46%. Sitt: 4.22% (SW) 4 SIL TV SAND, some shell hash/shell fragmenlslwhole shell, some carbonale clasts, 3" carbonate clast @ 13.1' light gray (5Y-7/1), (GM). CARBONATE CLASTS in SILT, while (5Y-8/1), (GM). NO RECOVERY End of Boring Note: 1) Soils are fieid visually classified in accordance wilh the Unified Soil Classification Sys1em. I PROJECT: Collier County I HOLE NUMBER: CCVC-03-35 1 OM 1. PROJECT DRILLING LOG I DIVISION: COLLIER COUNTY INSTAUAnON: 10. SIZE AND lYPE OF BIT 4" 1,. DATUM FOR ELEVAnON SHOWN(TBM or MSL) NGVD 12. MANUFACTURER'S DESIGNATION OF DRILL Aloine 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 15. ElEVATION GROUND WATER 16. OA TE HOLE Started Completed 81"ln.. ''''<;7 17. ElEVAnON TOP OF HOLE -42.3 FT 18. TOTAL CORE RECOVERY FOR BORING 100% 19. SIGNATURE OF GEOLOGIST ML 3_ DRlWNG AGENCY: Alpine (Coord!na1es or station) 2. LOCAnON NAD83 FL East X=205307 Y=750476 5. NAME OF DRILLER 4. HOLE NO. (As silo"",, on drawing _ and file numbe0 CCVC-03-36 6. DlRECnON OF HOlE Jim Cole VERTICAL 7, THICKNESS OF BURDEN 0.0 FT 8. OEPTH DRILLED INTO ROCK NIA 9. TOTAL DEPTH OF HOLE 12.9 FT ELEV. DEPTH ~ o .... : :.:' . 1';'. . : :.: 2": :::. . ~ ' . 3 . . -45.3 -48.5 4- 5- 6- 7- '.::. 8~ ~.;:. 9 : 10-=~, 11": 12- :'. . . H.:.;... ~ 13 14- 15- 16': 17': : 18': . : 19': 20';; 21';; , ~ I 22";; : 23-; 24'; -52.1 -54.7 o z w Cl w .... CLASSIFICATION OF MATERIALS (Description) CORE REC % SAND, medium grained, quartz, trace silt, some shell hash, trace shell fragments. light gray (5Y -711), (SW) SAND. medium grained. quartz, trace siR, some shell hash. trace shell fragments, fight gray (5Y-7It), (SW). SAND. medium grained, quartz. trace silt, 1it1le shell hash, trace shell fragments. shell hash layer ITom 7.6'-7.9', light gray (5Y-7/1). (SW). fme grained, quartz, trace siR, trace shell hash. light gray (5Y-711), (SW). medium grained, trac:e siR, .some shell hash Ijoht orav r 5Y -711' 'SIM \ 3" CARBONATE CLAST in bn -, End of Boring NOle: 1) Soils are field visually classified in accordance wnh the Unified Soil Classification System. I PROJECT: Collier County HOLE NO CCVC-03-36 SHEET 1 011 wit: .....w !LID :E:E <(::;) (l)Z REMARKS Sample #1, Depth = 2.0 Mean (rrvn): 0.39. Phi Sorting: 1.18 Shalt 9.25%, SiR: 1.39"A, (SW) 2 Sample #2, Depth = 4.0 Mean (rrvn): 0.32. Phi Sorting: 0.82 Shell: 3.23%. SiR: 1.42% (SP) 3 Sample #3, Depth = 8.0 Mean (nun): 0.30, Phi Sorting: 1.06 Shell: 12.86%. SiR: 2.27% (SW) 4 Sample #4, Depth = 10.5 Mean (mm): 0.23, Phi Sorting: 0.93 Shell: 7.55%, SiR: 3.83% (SW) ;j I HOLE NUMBER: CCVC-4~8 1 OM DRILLING LOG I 1. PROJECT HOLE NO. CCVC-03-37 DIVISION: SHEET1of1 (Coordinales or Station) 2.lOCAllON NAD83 FL East X=2D4771 Y=752934 COLLIER COUNTY INSTALlAllON: 10. SIZE AND TYPE OF BIT 4" 11. DA1\JM FOR ELEVAllON SHOlI\/MTBM or MSL) Nl;vn 12. MANUFACTURER'S DESlGNAllON OF DRILL Aloine 13. roT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 15. ELEVAlION GROUNDWA1ER 16. DATE HOLE Started Completed I 8/11/03 14'41 17. ELEVAllON roP OF HOLE -39.6 FT 18. TOTAL CORE RECOVERYFORBOR/NG 100% 3. DRlWNG AGENCY: Alpine 4. HOLE NO. (As shown Dn drawing title and file number) 5. NAME OF DRILlER 6. DIRECTION OF HOLE CCVC-03-37 Jim Cole VERTICAL 7. TlfICKNESS OF BURDEN 0.0 FT 8. DEPTlf DRILLED INTO ROCK N/A 9. TOTAL DEPTlf OF HOLE 17.7 FT ELEV. ~ -46.8 f--- -48.5 f--- f--- ~ SAND, medium grained, quartz, trace silt. little shell hash, trace shell fragments, 1" I clay pocket @ 73'. light gray (5Y-7/1). (SW). 9 ~ SAND, fine grained, quartz, little si~, light ' :.:,1\. arav /5Y-711\ ISW-SMl. /i 10- ::;.,.\' SAND, medium grained, quartz, trace silt, I , '. some shell hash lioot ora~ 15Y-7111. Isvvi'./i 11- '. I 12- ::: DEPTH o 1-{ 2- 3- 4- ~ 5-: 6.... 7- 8- .;'.: 13- .:: 14- ::. -54.9 15- :.: ,.,.. -55.5 :.:;. 16 17- :'; -57.3 , . 18-'- 19":: 20":: 21":; 22- 23":: 24- 19. SIGNA1\JRE OF GEOLOGIST ML o 2 w Cl W ...J CORE REC 0/. wa: ...JW n.m :lE:lE <::> cnz REMARKS CLASSIFICATION OF MATERIALS (Description) Sample #1, Depth = 1.9 Mean (mm): 0.28, Phi Sorting: 0.73 Shell: 2.09%, Si~: 1.41% (SP) SAND, fine to medium grained, quartz, trace sill, trace shell hash. 1" v.tlole shell @6.0', light gray (5Y-7/1), (SW) 2 Sample #2, Depth = 3.8 Mean (mm): 0.27, Phi Sorting: 0.75 Shell: 2.28%, Si~: 1.28% (SP) 3 Sample #3, Depth = 5.8 Mean (mm): 0.28, Phi Sorting: 0.80 Shell: 2.34%, Si~: 3.23% (SP) 4 Sample #4, Depth = 7.7 Mean (mrn): 0.31, Phi Sorting: 1.20 Shell: 5.59%, Sift: 4.72% (SW) Sample #5. Depth = 9.1 Mean (rrvn): 0.30, Phi Sorting: 1.46 Shell: 6.11%, Sift: 6.44% (SW-SM) 5 4 SAND, fine to medium grained, quartz, trace si~, little shell hash, light gray (5Y-7/1), (SW). Sample #6, Depth = 11.5 Mean (mrn): D.23, Phi Sorting: 1.41 Shell: 7.76%, Sift: 10.61% (SW.SM) 6 fine grained, quartz, little si~, trace shell " hash, light gray (5Y-7/1), (SW-SM). ",- medium grained. little sill, some shell hash. 4" carbonate clast @ 17.0'-17.4'. light gray (5Y-7/1), (SW-SM). 5 7 Sample #7, Depth = 16.8 Mean (mm): 051, Phi Sorting: 2.53 Shell: 19.14%, Si~: 7.17% (SW-SM) End of Boring Note: 1) Soils are field visually classified in accordance with the Unified Soil Classification System. I PROJECT: Colier County I HOlE NUMBER: CC\/C-O~37 1 OM DRILLING LOG I 1. PROJECT 11. DATUM FOR El.EVAnON SHOWN(TBM or MSL) NGVD 12. MANUFAClURER'S DESIGNAnON OF DRILL Alpine 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 -- 14. TOTAL NO. OF CORE BOXES 15. El.EVAnON GROUNDWATER 16. DATE HOlE Started Completed RI1'/03 1<;:7<; 17. El.EVAnON TOP Of' HOLE-41.9 FT 18. TOTAL CORE RECOVERY FOR BORING 1 00% 19. SIGNATURE OF GEOLOGIST ML DIVISION: INSTAUATION: 10. SIZE AND TYPE OF BIT 4" (Coordinates or Station) 2. LOCAnON NAD63 FL Easl X=202074 Y=752906 COLLIER COUNTY 4. HOLE NO. 3. DR/LUNG AGENCY: Alpine 5. NAME OF DRIlLER (As shO'Ml on drawing tiDe and file nurrber) CCVC-O:>-36 6. DIRECTION OF HOLE Jim Cole VERTICAL 7. TlfICKNESS OF BURDEN 0.0 FT 8. DEPTlf DRILLED INTO ROCK N1A 9. TOTAL DEPTH OF HOLE 17.2 FT ELEV. ~ -41.9 -42.6 -47.6 -56.4 -59.1 . " . SHELLY SAND. medium grained, quartz, ~ \. shell component is. shell1\has.!'.. trace sin, J 1- .... liohtoraur5Y-7/1 'S\AI\ - . '.' . 2- 3- 4- ; 5-: ~ 6- ....,.:. 7~ 6- DEPTH o 9- 10- 11- 12- 13- f~'~!{:J\:,/ 14.:1\){/j 15-"b. . 16': 'h9i; p> 17- :....;..:.: 16"" 1 So:: 20"" 21-' 22-' 23-' 24- D Z w Cl w -' CLASSIFICATION OF MATERIALS (Descrlpllon) CORE REC ~. SAND, medium grained. quartz. trace sill, 1il11e shell hash, light gray (5Y-7/1). (SW). medium grained. quartz, trace sill, little shell hash/shell fragments, 1" shell fragment@5.8', light gray (5Y-7/1), (SW). SAND, medium grained, quartz, trace silt, little shell hash, 1.5" shell fragment @ 14.0', light gray (5Y-7/1), (SW). CARBONATE CLASTS, wMe (5Y.8/1), (GW). End of Boring Note: 1) Soils are field visuaRy dassified in accordance wnh the Unified Soil Classlf1cation System. I PROJECT: Collier Coun1y HOLE NO CCVC-G3-38 SHEET 1 01'1 wO:: -,w II.ID ::E:::E <::l Cl)Z REMARKS 2 Sample #1, Depth = 0.4 Mean (mm): 0.54, Phi Sorting: 1.16 Shell: 3.51%, Sin: 0.98% (SW) Sample #2, Depth = 1.6 Mean (mm): 0.39, Phi Sorting: 0.91 Shell: 444%, Sin: 1.39% (SW) 3 Sample #3, Deplh = 3.5 Mean (mm): 0.37, Phi Sorting: 0.89 Shell: 1.12%. Silt 1.44% (SW) 4 Sample #4, Depth = 6.2 Mean (mm): 0.47, Phi Sorting: 1.26 Shell: 5.4%, Sift: 1.41% (SW) 5 Sample #5, Depth = 9.7 Mean (mm) 0.29. Phi Sorting: 0.81 Shell: 0.87%, Silt 1.87% (SP) 6 Sample #6, Depth = 12.3 Mean (mm): 0.27, Phi Sorting: 0.80 Shell: 6.35%, Sift: 3.12% (SP) I HOLE NUMBER: CCVC-lJ~38 1 OM HOLE NO, CCVC-03-39 DRILLING LOG I DMSlON: INSTAUAl1ON; SHEET 1 of 1 1. PROJECT 10. SIZE AND TYPE OF BIT 4" COLLIER COUNTY 11. DATUM FOR ELEVATION SHOWN(TBM or MSl) 2. LOCATION (Coordinates or Station) NGVO NAD83 FL East X=203890 Y=752892 .- 12. MANUFACTURER'S DESIGNATION OF DRILL 3. DRIWNG AGENCY: Alpine Alpine 4. HOLE NO. (As sho'Ml on draWng title and file nurri>er) 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-03-39 Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 5. NAME OF DRILlER Jim Cole 15. ELEVATION GROUNDWATER 6. D1RECllON OF HOLE 16. DAlE HOLE Slarted Comple4ed VERTICAL 8112103 16:14 17. ELEVATION TOPOFHOLE-39.7 FT 7. THICKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 100% 8. DEPTH DRILLED INTO ROCK NIA 19. SIGNATURE OF GEOLOGIST ML 9. TOTAL DEPTH OF HOLE 18.6 FT 0 CORE wU: Z ClASSIFICA TJON OF MA TERIALS ~w REMARKS ElEV. DEPTH w (Descrtptlon) REC lLm C> % ::E::E w <(::> ~ Cl)Z -39.7 0 1- .. 2... Sample #1. Depth = 2.8 1 Mean (mm): 0.34, Phi Sorting: 0.82 Shell: 2.89%, Sltt: 1,24% (SP) 3- SAND, medium grained, quartz, trace silt, '.:' little shell hash, light gray (5Y-711). (SW) 4- 5- 2 Sample #2, Depth = 5.7 I 6- Mean (mm): 0.28, Phi Sorting: 0.69 Shell: 2.73%, Sitt: 1.36% (SP) -46.8 7 i 8-: .::. Sample #3. Depth = 8.5 ! .. .':-~ 3 Mean (mm): 0.33. Phi Sorting: 0.86 l 9- ::: . . Shell: 3.21%, Silt 1.55% (SW) SAND. medium grained, quartz, trace silt, 10- :::. little shell hash. light gray (5Y-7/1), (SW) 11- '.:. 4 Sample #4. Depth = 11.4 Mean (mm): 0.34, Phi Sorting: 0.99 12- ::: I Shell: 4.21%, Sitt: 1.89% (SW) -52.2 I . . I ...4 Sample #5, Depth = 12.8 -52.7 ~ SHELL HASH, some sand, trace sm, trace 5 Mean (mm): 0.72, Phi Sorting: 2.12 13- ':" ..\ shell fragments, 1.5" shell fragment @ I Shell: 46.6%, Sitt: 3.08% (SW) 13.0' wMe 15Y-811 ,. ISVvl. 14- '::: SAND, medium grained, quartz, trace sitt, some shell hash, trace shell fragments, 2" 6 Sample #6, Depth = 13.3 15- ::: coral fragment @ 13.3', lighl gray (5Y -7/1), Mean (mm): 0.47, Phi Sorting: 1.49 (SW). Shell: 22.77%, Silt: 3.13% (SW) .55.7 , . - 16- SAND, fine grained, quartz, little sitt, trace 7 Sample #7, Depth = 16.4 17- shell hash, light gray (5Y-7/1), (SM). Mean (mm): 0.32, Phi Sorting:2.07 ~ Shell: 3.62%, Sift: 14.79% (SM) 18- CARBONATE CLASTS, light gray (5Y.711), ~ (GM) 19- End of Boring 20"- i 21- Note' 22- 1) Soils are field visually classified in accordance wrth the 23- UnifIed Soil Classification System. 24- I PROJECT: CoDier ~n1y I HOlE NUMBER: CCVC-ll:l-J9 1 OM HOLE NO CCVC-03-40 DRILLING LOG I DIVlSlON: INSTALLATION: SHEET 1 of 1 1. PROJECT COLLIER COUNTY 10. SIZE AND TYPE OF BIT 4" (Coordif'l8tes or Station) 11. DATUM FOR ELEVATION SHOWN[TBM Dr MSL) 2. LOCATION NAD83 FL East X-203322 Y 752J.4S NGVD 12. MANUFACTURER"S DESIGNATION OF DRlU 3. DRIlUNG AGENCY: Alpine Alpine 4. Ha..E NO. (As shown on dr.1Wing title and r~e nUmbeD 13. roT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-03-40 Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 5. NAM E OF DRlUER Jim Cole 15. aEVATlON GROUNDWATER 6. DlRECTlON OF HOLE 16. DATE HOLE Started Completed VERTICAl 8/12/03 16'49 17. aEVATION TOP OF HOLE-39.4 FT 7. THICKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 93% 8. DEPTH DRlUED INTO ROCK N1A 19. SIGNATURE OF GEOLOGIST Ml 9. roTAL DEPTH OF HOLE 19.1 FT 0 CORE wa: z CLASSIFICATION OF MATERIALS ..Jw ELEV. DEPTH w (Description) REC ll.1D REMARKS Cl % :i:E w <:::0 ..J "'z -39.4 0 ~~::;~U!J 1- 2- Sample #1, Depth = 3.0 1 Mean (mm): 0.35, Phi Sorting: 0.78 Shell: 3.36%, sm: 1.22% (SP) 3-: SAND, medium grained, quartz, trace silt, little shell hash, 2" whole shell @4.1', 1" 4-: whole shell @ 7.0', 0.5" whole shell @ 7.2". . light gray (5Y-7I1), (SIN). 5- 6- 2 Sample #2, Depll1 = 6.0 Mean (mm): 0.31, Phi Sorting: 0.71 Shell: 3.24%, sm: 1.5% (SP) --46.9 7- 8- ~.~:. Sample #3, Depll1 = 9.0 9- ::.: 3 Mean (mm): 0.39 . Phi Sorting: 0.93 Shell: 3.64%, Sin: 1.55% (SIN) 10- '::: 11- :.::: 12- '.::.: SAND, medium grained. quartz, trace silt, Sample 114, Depll1 = 12.0 little shell hash, 0.5" coral fragment @ 7.6', 4 Mean (mm): 0.32. Phi Sorting: 0.90 0.5" whole shell @ 9.4", 1" sand dollar @ Shell:4.28%. Silt 2.35% (SIN) 13- ::: 9.S', light gray (SY.7/1), (SIN). 14': .:~.:: 15-;\ Sample #5. Depth = 16.0 5 Mean (rnm): 0.29, Phi Sorting: 0.98 16- :.;. Shell: 7.15%, sm: 3.58% (SIN) .. :.: -56.6 17- ...,... -57.2 f22 CARBONATE CLASTS in medium grained 18- SAND linht nrav /5Y-7/1I /Gw,. NO RECOVERY ~ 19 ~ End of Boring 20- 21";; Note: 22";; 1) Soils are field visually ciassifled in accordance with the 23"" Unified Soil Classification System. 24- I PROJECT: CoD..r Counly I HOLE NUMBER: ccvc.o~o 1 OM 1. PROJECT DRILLING LOG I DIVISION: COLLIER COUNTY INSTAllATION: 10. SIZE AND TYPE OF BIT 4' 11. DATUM FOR ELEVAl10N SHowNTBM or MSL) NGVD 12. MANUFACTURER'S DESlGNATlON OF DRILL AIDine 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 15. ELEVATION GROUND WATER 16. DATE HOLE Started Completed B/12/03 17.21 17. ElEVAl10N TOP OF HOLE -42.6 FT 18. TOTAL CORE RECOVERY FOR BORING 100% 19. SIGNATURE OF GEOLOGIST ML 2. LOCAl1ON (:~;;l~:,:~:on) X=203243 Y=753361 3. DRlWNG AGENCY: Alpine 4. HOlE NO. (As shown on drawing title and file number) 5. NAME OF DRILLER 6. D1RECllON OF HOLE CCVC-03-41 Jim Cole VERTICAL 7. THICKNESS OF BURDEN 0.0 FT 8. DEPTH DRILLED INTO ROCK N/A 9. TOTAL DEPTH OF HOLE 14.4 FT ELEV. -42.6 -46.4 - -48.8 - ~ .56 - -2Z- DEPTH o 1-":- 2- ':', 3- .:.: 4... ::,... 5... 6- 7- .:.: 8 - '::':. 9- :':' 10- -.:. ~ 11- :.: 12- :::' 13- ':::. . 14- .4iX 15- 16- 17- 18': 19- 20- 21- 22- 23";:; 24- o Z 111 Cl 111 -' CLASSIFICATION OF MATERIALS (Description) SAND, medium grained, Quartz, trace silt, little shell hash, light gray (5Y-7/1), (SW). SAND, medium grained, Quartz, trace silt, little shell hash. 1" coral fragment @ 5.0', light gray (5Y-7/1), (SW). SAND, medium grained. Quartz, trace silt, little shell hash, trace shell fragments, 2" coral fragment @ 10.5'. 1" whole shell @ 10.5', light gray (5Y-7/1). (SW). medium grained, Quartz, trace sm, some shell hash, little shell fragments, light gray (5Y.7/1). (SW). CARBONATE CLASTS in medium grained SAND, light gray (5Y-7/1). (GW). End of Boring Note: 1) Soils are fleld visually classified in accordance wtth the Unified Soil ClassificatiOn System. CORE REC % i I PROJECT~ Colier County HOLE NO. CCVC-0341 SHEET 1 of 1 11111: -'w 0..11I :E:E <::> UlZ REMARKS Sample #1, Depth = 2.5 Mean (mm): 0.39, Phi Sorting: 0.90 Shell: 5.57%, Silt: 1.19% (SW) 2 Sample #2, Depth = 5.1 Mean (mm): 0.30, Phi Sorting: 0.73 Shell: 2.04%, Silt: 1.49% (SP) 3 Sample #3. Depth = 6.8 Mean (mm): 0.38, Phi Sorting: 0.96 Shell: 5.97%, Silt: 1.42% (SW) 4 Sample #4, Depth = 9.3 Mean (mm): 0.33, Phi Sorting: 0.99 Shell: 6.53%, Silt: 1.84% (SW) 5 Sample #5, Depth = 11.8 Mean (mm): 0.30, Phi Sorting: 1.17 Shell: 6.97%, Silt: 3.15% (SW) I "HOCE NUMBER: CCVC.j)3-41 10M DRILLING LOG I DIVISION: INSTAUA110N: SHEET 1 of 1 ,. PROJECT COLLIER COUN1Y 10. SIZE AND TYPE OF BIT 4" (COordinates or Station) 11. DATIJM FOR ELEVA110N SHOWNCTBM 0( MSL) 2. LOCA110N NAD83 FL East X=207108 Y-750353 NGVD 12. MANUFACTURER'S DESlGNA110N OF DRlU 3. DRILlING AGENCY: Alpine Alaine 4. HOLE NO. (As shawn on drawing title and fie number) 13. TOT NO. OF OVERBURDEN SAMPlES TAKEN CCVC-03-42 Disturbed: 0 Undislurlled: 0 14. TOTAL NO. OF CORE BOXES 5. NAME OF DRlUER Jim Cole 15. ELEVA110N GROUNDWAlER 6. DIRECTION OF HOLE 16.. DAlE HOLE Started C<>",*ted VERTICAL A/13/03 7'30 17. ELEVA110N TOP OF HOLE -41.2 FT 7. THICKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR IlORING 100% a. DEPTH DRlUED INTO ROCK N/A 18. S1GNAnJRE OF GEOLOGIST ML 8. TOTAL DEPTH OF HOLE 11.9 FT 0 CORE wit: 2 CLASSIFICATION OF MATERIALS ..JW ELEV. DEPTH W (Description) REC lLllI REMARKS CI .k :ii:ii W <(::;) ..J C/l2 -41.2 0 I- I Sample #1 , Depth = 1.6 SAND, medium grained, quar1Z, trace silt. Mean (mm): 0.47. Phi Sorling: 1.26 2-: little shell hash, 3" tube worm @ 1.1', two 1" Shell: 13.31%, Sin: 0.8% (SVV) sand dollar fragments @ 2.3', 1.5" sand dollar fragment @ 3.2', light gray (5Y-7/1), 3- (SVV). Sample #2. Depth = 3.1 - 2 Mean (rom): 0.40, Phi Sorting:1.01 -45.6 4- ... . Shell: 7.42%, Sin: 1.07% (SW) 5- I~::-i). Sample #3, Depth = 5.4 3 Mean (mm): 0.31, Phi Sorting: 0.90 6- Shell: 6.63%, Silt: 1.96% (SVV) medium grained, quar1Z, trace sin, some shell hash, trace shell fragments, 1" whole 7- shell@ 7.2', tight gray (5Y-7/1I, (SVV). Sample #4, Depth = 7.8 4 Mean (mm): 0.35, Phi Sorting: 1.18 8- Shell: 11.41%, Sill: 2.01% (SW) .50.2 9-: r.;..;..;..;. fine to medium grained, quar1Z, little sill, 10- little shell hash, little shell fragments, light 5 Sample #5, Depth = 10.1 .... . gray (5Y-7/1), (SW-SM). Mean (mm): 0.27, Phi Sorting: 1.20 -52.4 11- Shell: 14.25%, Sin: 3.84% (SVV) -53.1 lillJ CARBONATE CLA~T~ili9hl gray (5Y-7/1), 12 GM. End of Boring 13- 14- 15- 16";; 17";; 18":: 19":: ; 20-: 21-: Note: 22- 1) Soils are field vlsuafiy classified In accordance with the 23": Unified Soil Classification Syslem. 24- I PROJECT: CoOier C<>unly I HOLE NUMBER: CCVC-03-42 HOLE NO cc~l 0 M ;...( HOLE NO CCVC-G3-43 DRILLING LOG I DIVISION: INSTAUAllON: SHEET 1 of 1 1. PROJECT 10. SIZE AND TYPE OF BIT 4" COLLIER COUNTY (Coordinates or Station) 11. DAlUM FOR ELEVAllON SHOWN(TBM or MSL) 2. LOCAllOH NAD83 FL East X =206228 Y=749961 NGVD 12. MANUFACTURER'S DESlGNAllON OF DRILL 3. DRILUNG AGENCY: Alpine Aloine 4. HOlE NO. (As shO'Ml on dl"3Viing title and file nUrrUr) 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-03-43 Disturbed: 0 Undisturbed: 0 14. TOTAl NO. OF CORE BOXES 5. NAME OF DRlUER Jim Cole 15. ELEVATION GROUND WATER 6. DIRECTION OF HOlE 16. DATE HOLE Started Completed VERTICAL 8/13/03 8:10 17. ELEVAllON TOP OF HOlE -39,0 FT 7. THICKNESS OF BURDEN 0.0 FT 18. TOTAl CORE RECOVERY FOR BORING 100% 8. DEPTH DRILlED INlO ROCK N/A 19. SIGNATURE OF GEOLOGIST ML 9. TOTAL DEPTH OF HOLE 15.1 FT 0 CORE wO:: ELEV. DEPTH z CLASSIFICATION OF MATERiAlS -,w w (DescnptJon) REC 1l.1D REMARKS Cl % ;:!;;:!; w <::> -' "'z ~ 0 : 1..,. 1 Sample #1. Deplt1 = 2.1 2..,. Mean (mm): 0.30, Phi Sorting: 0.85 SAND. medium grained, quartz, trace silt, Shell: 3.55%. Sill: 1,86% (SW) little sheli hash. trace shell fragments, light 3- gray (5Y-7/1), (SW). Sample #2, Depth = 3.8 4- 2 Mean (mm): 0,37. Phi Sorting: 1.06 Sheli: 10.29%. Sill: 1.13% (SW) ~ 5- .. .., 6': SAND, medium grained, quartz. trace sill. Sample #3, Deplh = 6,8 little she Ii hash, trace sheli fragments, light 3 Mean (mm): 0.28, Phi Sorting: 1.39 7- gray (5Y-7/1), (SW). Shell: 8.64%, Sill: 6.33% (SW.SM) ~ H- Sample 1/4, Depth = 8.0 -47.4 8.... medium grained. quartz, trace silt, little 4 Mean (mm): 0.27. Phi Sortl1g: t.48 - sheR hash, light gray (5Y.7/1), (SW-SM). Shell: 3.65%, Sill 10.88% (SW-SM) 9- medium grained, quartz. trace sill, little 5 Sample #5, Depth = 8.9 -48.6 sheli hash, light gray (5Y-7/t). (SW). Mean (mm): 0.28, Phi Sorting: 1.40 - .-':- 10- medium grained, trace silt, little sheli hash, I Shell: 6.95%, Sill 8.56% (SW.SM) . iight gray (5Y-7/t), (SW.SM). 4 -50 - t1- ~ 12- ::: medium grained. quartz, trace sill, some Sample 1115, Depth = 12.7 sheli hash, trace shell fragments, light gray 6 Mean (mm): 030, Phi Sorting: t .50 13- .:: (5Y.7/1). (SW.SM) Sheli: 11.42%, Sill: 6.13% (SW-SM) -53.3 14- :" -54.1 rl SHELL Y SAND, little sill. some carbonate 15 clasts li"hI "rav ISY-7/11 IGMl End of Boring 16- i 17- i 18- 19- 20- i 21- Note: 22- I} Soils are field visually classified in accordance with the 23- Unified Soil Classification System. 24- I PROJECT: Conier County I HOLE NUMBER, CCVC-03-43 to, 10M HOLE NO. CCVC-03-44 DRILUNG LOG T DIVISION: INSTALlAnON: SHEET 1 of 1 1. PROJECT 10. SIZE AND TYPE OF BIT 4" COLLIER COUNTY 11. DAT\JM FOR ELEVAnON SHOWNlTBM 0' MSL) (Coordinates or Station) NGVD 2. LOCATION X=204404 Y=750163 NAD83 FL East 12. MANUFACnJRER'S DESlGNAnON OF DRILL 3. DRlWNG AGENCY: Alpine Alnine 4. HOlE NO. (As shown on dravMg tI1e and fie numbel1 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-03-44 Dislurbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 5. NAME OF DRJu.ER Jim Cole 15. El..EVAllON GROUND WATER 5. DIRECTION OF HOLE 15. DATE HOLE Started Completed VERTICAL 8/13/03 8'"'' 17. El..EVAnoN TOP OF HOLE -43.6 FT 7. llilCKNESS OF BURDEN 0.0 FT 15. TOTAL CORE RECOVERY FOR BORING 100% 5. DEPlli DRILLED INTO ROCK N/A 111. SIGNA T\JRE OF GEOlOGIST Ml II. TOTAL DEPTH OF HOlE 11.4 FT 0 CORE wit: ClASSIFICATION OF MA TERlALS ..JW ElEV. DEPTH Z REC 0.11I REMARKS W (Description) :Ii=< (!) % c(:;) W ..J <IlZ ~ 0 ... .. ; .... 1- ':::. ; .... . ' SAND. medium grained. Quartz, trace sill, Sample #1, Depth = 2.7 2- .:.: little shell hash, !race shell fragments, light 1 Mean (mm): 0.34, Phi Sortflg: 1.02 gray (5Y-7/1), (SW). SheiL 6.24%, sm: 1.97% (SW) 3- .:.: -47.6 4 5- SAND, medium grained, Quartz, trace sill, Sample #2. Depth = 5.3 little shell hash, !race shell fragments, light 2 Mean (mm): 0.26, Phi Sorting: 0.76 gray (5Y-7I1). (SW). Shell: 5.47%, Sill: 3.08% (SP) 6- -50.2 7- ::: SAND, medium grained, QUartz, trace silt, Sample #3, Depth = 8.0 8- ':::. little shell hash, trace shell fragments, light 3 Mean (mm): 0.20, Phi Sorting: 0.99 gray (5Y-7/1), (SW). Shell: 5.59%, Sill: 6.86% (SW-SM) -52.7 9; :'::'. SAND, medium grained, QUartz, !race sill. 10- :::: little shell hash, trace shell fragments. Iighl 4 Sample #4, Depth = 10.2 gray (5Y-7I1), (SW). Mean (mm): 0.22, Phi Sorting: 0.89 .54.3 . . Shell: 3.37%, Sill: 4.43% (SW) -55 11-llli SHELLY SAND, ,~~me ~r~~::,e clasts, liaht ora;' 5Y-7/1 G 12- End of Boring 13- 14- 15- 16- 17- 18"" 19"" 20"; ; 21- Nate: 22- 1) Soils are field visually classified in accordance w~h the 23"" Unified Soil Classification System. 24- I PROJECT: Coli~ County I HOLE NUMBER: CCVC-03-44 1 OM DRILLING LOG I DIVISION: INSTAUAlION: SHEET 1 all 1. PROJECT COLLIER COUNTY 10. SIZE AND TYPE OF BIT 4" (Coordinmes or Station) 11. DATUM FOR ElEVATION SHOWN (TBM or MSL) Z. LOCA lION NA083 Fl East X = 204456 Y=751212 w::vn 12. MANUFACTURER'S DESIGNATION OF DRill. 3. DRlWNG AGENCY: Alpine Aloine 4. HOlE NO. (As shown I'm drawing Iitle and file nUmber) 13. lOT NO. OF OVERBURDEN SAMPLES TAKEN CCVC-03-45 Disturbed: 0 Undisturbed: 0 14. lOTAL NO. OF CORE BOXES 6. NANE OF DRILlER Jim Cole 1i. ElEVATION GROUND WATIft 6. DIRECTION OF HOLE 16. DATE HOLE Started Complele<J VERTICAL R/l'lIn'l Q''l' 17. ElEVAnONTOPOFHOLE-42.9 FT 7. THlCKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 96% 8. DEPTH DRIlLED INTO ROCK N/A 18. SIGNATURE OF GEOlOGIST Ml II. lOTAL DEPTH OF HOlE 19.5 FT ~ CLASSIFICATION OF MATERIALS CORE il ELEV. DEPTH REC REMARKS (Description} % -42.9 - 0 ; 1'; 2": ::J. Sample #1. Depth = 3.0 1 Mean (mm): 0.28. Phi Sorting: 0.75 Shell: 3.8%. Silt: 1.24% (SP) 3- SAND. rTl€dium grained. quartz, trace sill. little shell hash, trace shell fragments, 2" 4- shell fragment @ 2.1', 1.5" shell fragment ; @ 2.2', light gray (5Y-7/1), (SW). 5': Sample #2. Depth = 6.0 6- 2 Mean (mm): 0.24, Phi Sorting: 0.60 7~ Shell: 1.25%, Silt: 1.69% (SP) .~'-::. -50.9 8"; 9- fine to medium grained, quartz, trace silt, Sample #3, Depth = 10 '1n;;:. trace shell hash, trace shell fragments, 3 Mean (mm): 0.20. Phi Sorting: 0.69 light gray (5Y-7/1). (SW-SM). Shell: 1.29%. Silt: 3.38% (SP) -54 j:::, 11 I:',;' Sample #4, Depth = 11.5 -54.9 ; :.: SHELL HASH, some sand, trace sill. 0.5" 4 Mean (mm): 0.33, Phi Sorting 1.84 12~~ coral fragment @ 11.9', light olive gray Shell: 3499%, Silt: 7.03% (SW-SM) r\ ISY-6/2\. (SIM. ) Sample #5. Depth = 12.5 13.:': ::. SAND, fine to medium grained. trace sill, 5 Mean (mm): 0.20, Phi Sorting: 1.29 -56.3 Shell: 4.76%. Sill: 10.06% (SW-SM) -0:-,:. trace shell hash, trace shell fragments. / .: .. \ gray (5Y-6/1), (SW-SM). Sample #S, Depth = 14.0 14-':' 6 -57.5 ': . Mean (mm): 0.35. Phi Sorting: 1.90 ;;' . trace silt, some shell hash, 1i111e shell I Shell: 1808%, Silt: 5.47% (SW-SM) 15": ~ fragments. light olive gray (5Y-6/2), ': fSW.SMI. - 1~ · . ': CARBONATE CLASTS in SILTY SAND, ;; gray (5Y-6/1). (GM). 17-: .. ; . . 18"" -61.6 -62.4 1~ NO RECOVERY 20-: End of Bonng ; 21- Note: 22- 1) Soils are field visually classified in accordance with the 23';; Unified Soil Classification System. 24- I PROJECT: Colter COllnty I HOLE NUMBER: CCVC.Q3-45 HOLE NO. CCVC-03-45 1 OM HOLE NO. CCVC-03-46 DRILUNG LOG I DMSION: INSTAllAl1ON: SHEET 1 or 1 1, PROJECT COLLIER COUNTY 1D. SIZE AND TYPE OF BIT 4' (Coordinates or Station) 11. DA ruM FOR ElEVATION SHOWN (TBM or MSL) 2. LOCATION NAD83 Fl East X 202467 Y-750771 Nr,VD 12. MANUFACTURER'S DESIGNATION OF DRIU 3. DRlWNG AGENCY: Alpine Alaine 4. HOLE NO. (As showrJ on drawing trUe and file number) 13. lUT NO. OF OVERBURDEN SAMPLES TAKEN CCVC.03-46 Disturbed: 0 Undisturbed: 0 14. lUTAL NO. OF CORE BOXES 6. NAME OF DRIUER Jim Cole 16. ElEVATION GROUND WATER S. DIRECTION OF HOLE 16. DATE HOlE S1,arled completed VERTICAL 8/13103 10:29 17. ElEVAnON TOP OF HOLE-43.3 FT 7. THICKNESS OF BURDEN 0.0 FT 18. roTAL CORE RECOVERY FOR BORING 98% 8. DEPTH DRIUED INTO ROCK I'll A 1.. S1GNAnJRE OF GEOlOGIST Ml t. TOTAL DEPTM OF HOLE 18.1 FT I CLASSIFICA nON OF MATERIALS CORE ii ElEV. DEPTH REC REMARKS (Description) % -43.3 0 ~ 1- 2"" Sample #1. Depth = 3.5 3~ 1 Mean (mm): 0.33. Phi Sorting: 0.73 Shell: 1.97%. Silt 1.34% (SP) 4': SAND, medium grained, quartz, trace silt. little shell hash. lighl gray (5Y.7/1), (SW). 5"'; 6': ;.; ..; Sample #2, Depth = 7.0 7-: 2 Mean (mm): 0.32. Phi Sorting: 0.69 Shell: 3.77%. Silt: 1.24% (SP) 8": - -52.1 9- ',:. ... .',' 10-; :':.: , , SAND, medium 9rained. quartz, trace silt, Sample #3, Depth = 9.5 ..; '.' some shell hash, trace shell fragments. 3 Mean (mm): 0.46. Phi Sorting: 1.47 11': ':'1.': light gray (5Y -7/1), (SW) Shell: 17.5%, Silt 3.15% (SW) 12- '::: .56 . , 1~ ::: SHEllY SAND. trace silt, shell Sample #4, Depth = 13.0 14~ ::':: component is shell hashlwhole sheWshell 4 Mean (mm): 0.59, Phi Sorting: 2.14 fragments. light gray (5Y.7/1), (SW-SM). Shell: 23.22%. Silt 3.38% (SW) -58.4 15";' ..,. . . ~ 1~ .". CARBONATE CLASTS in CLAY, while : . (5Y.8/1). (GM). 17': -61 -u . 18"" NO RECOVERY 19': End of Boring 20-: ..; 21- 22~ Note: 1) Soils are field visuatly : classified in accordance with the 23": Unified Soil Classification System. .~ 24- I PROJECT: CollIer CoUrtly I HOLE NUMBER: CCI/C........s 10M HOLE NO. CCVC-03-47 1. PROJECT DRILLING LOG I DIVISION: COLLIER COUNTY INSTAUA11ON: 10. SIZE AND TYPE OF BIT 4' 1,. DATUM FOR ElEVA1l0N SHOWN (reM or MSlI Nr.vn 12. MANUFACTURER'S DESlGNA110N OF DRILL Alaine 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 1&. ElEVA1l0N GROUND WAtER 16. DAlE HOLE Slarted Compleled 8/13m3 " .m, 17. ElEVATION TOP OF HOLE -45.7 FT 18. TOTAL CORE RECOVERY FOR BORING 86% 19. SlGNAlURE OF GEOLOGIST Ml SHEET 1 or 1 (Coordinates or Station) 2. lOCATION NAD83 Fl East X-205373 Y-751318 3. DRlWNG AGENCY: Alpine .... HOLE NO. (As shown on drawing title alld file number) CCVc-03-47 &. NAME OF DRIu.ER 6. D1REC1lON OF HOLE 7. TlICKNESS OF BURDEN 0.0 FT 8. DEPTH DRIl.LEO INTO ROCK N/ A 9. TOTAL DEPTH OF HOLE 17.2 FT ElEV. DEPTH ~ o .. ; .';:, 1'~" . -: '.' 2- ':'. 3,": .'.. : '.' ...:..... . 4-~ 5";; :::: 6- ~::: 7- :,':': 8- .:.: ~ -53.9 9": . . . 10-; -56.2 '-;; ; 11": -57.3 ::: . ; 12~1:o,:"':':'.:l -58.7 13 : . 14': . . -60.5 . . '5-: 1s.: -62.9 17- 18- . 1S-: 20-: 21";; 22": : 2~ : 24- Jim Cole VERTICAL 2 l'5 ~ CORE REC % REMARKS i! CLASSIFICATION OF MATERIALS (Description I SAND. medium grained, quartz. trace silt, little shell hash, trace shell fragments, 3" whole shell @ 0.8', two 1" shell fragments @ '.0'. light gray (5Y-7/1), (SW). Sample #1, Depth = 2.0 Mean (mm): 0.37, Phi Sorting: 1.24 Shell: 12.95%, Silt: 1.44% (SW) fine grained, quartz. trace sill, trace shell hash. trace shell fragments. light gray (5Y-7I1). (SW-SM). 2 Sample #2, Depth = 6.0 Mean (mm) 0.20, Phi Sorting: 0.87 Shell: 4.83%, Silt: 3.69% (SW) SHEll Y SAND. li"le silt. shell component is whole shell/shell fragments, 5' coral fragment from 8.4' to 8.9'. light gray (5Y-7I1), (GM). 3 Sample #3, Depth = 9.0 Mean (mm): 0.92, Phi Sorting: 3.08 Shell: 35.9'A>. Silt: 6.31% (SW-SM) SAND, fine grained. little silt. gray (5Y-511), (SM). Sample #4, Depth = 11.0 Mean (mm): 0.22. Phi Sorting: 1.27 Shell: 5.08%. Silt: 8.52% (SW-SM) 4 SAND, fine grained. quartz, trace sill, pale yellow (5Y-7/3). (SP). CARBONATE CLASTS in CLAY. gray (5Y-5/1) and white (5Y-8/1) motlled. (GM). NO RECOVERY End of Boring Note: 1) Soils are field visually classified in accordance with the Unified Soil Classification System. I PROJECT: Collier County I HOLE NUMBER CCVC-03-47 .1. OM , 10M HOLE NO. CCVC-03-48 1. PROJECT DRILLING LOG I DMSION: COLLIER COUNTY INSTAllATION: 10. SIZE AND TYPE OF BIT 4" 11. DATUM FOR ELEVATION SHQWN(TBM or MSL) NGVD 12. MANUFACTURER'S DESIGNATION OF DRILL Aloine 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 15. ELEVATION GROUNDWATER 16. OATE HOLE Started Completed BWVn'l 11'40 17. ELEVATION TOP OF HOLE -43.9 FT 11S. TOTAL CORE RECOVERY FOR BORING 100% 19. S1GNATlJRE OF GEOLOGIST Ml -'- SHEET 1 of 1 (Coordinates Dr Station) 2. LOCATION NAD83 Fl East X=206211 Y=751815 3. DRlWNG AGENCY: Alpine ... HOLE NO. (As shO'lNfl on drawing tiUe and fite number) CCVC-03-48 5. NAME OF DRlu..ER 6. DIRECTION OF HOLE Jim Cole VERTICAL 7. THICKNESS OF BURDEN 0.0 FT 8. DEPTH DRIlLED INlO ROCK N/A 9. TOTAL DEPTH OF HOLE 13.2 FT ELEV. -43.9 -46.6 -48.5 - -50.6 ~ ~ -54.1 -54.7 DEPTH o 1- 2- 3-: '::':: 4': :::. ~ 5- :::. - .,:. 6- :::: 7- 8- 9- ::: 10- ',' ll-lJJ, 0;.... 12- ..~..:'c:x.;. ".<:.0:.0 13- Pi.::: 14~ 15- 16- 17-: 18- 19- 20- 21- 22- 23";;; 24- o z w Cl w -' CORE REC 010 wO:: -,w Il.m :E:E <l;:::l CIlZ REMARKS ClASSIFICATION OF MATERIALS (Descrtptlon) SAND, fine grained, quartz, trace siij, little shell hash, trace shell fragments, light gray (5Y-711), (SW). Sample #1. Depth = 1.5 Mean (mm): 0.24, Phi Sorting: 0.63 Shell: 2.45%, Slij, 2.44% (SP) SAND, fine grained, quartz, trace siij, little shell hash, some shell fragmentslwhole shell up to 0.5", light gray (5Y-7/1), (SW). Sample #2, Depth = 4.1 Mean (mm) 0.37, Phi Sorting: 1.53 Shell: 11.11%, Siij: 4.24% (SW) 2 fine grained, trace siij, little shell hash, trace shell Iragments, light gray (5Y-711), (SW). 3 Sample #3, Depth = 5.2 Mean (rrm): 0.28, Phi Sorting: 1.11 Shell: 4.24%, Siij: 4.25% (SW) SAND, fine grained, quartz, little siij. trace shell hash, trace shell fragments, light gray (5Y-711). (SW.SM). 4 Sample #4, Depth = 8.1 Mean (mm) 0.25, Phi Sorting: 1.92 Shell: 0.81%, SiK: 16.95% (SM) SAND, fine grained, quartz. little siij, some shell hash, shell fragments, light gray (5Y-7I1), (SW-SM). SAND, fine grained, quartz, little siij, trace shell hash li"ht orav'15Y-711l. ISW-SMt Sample #5, Depth = 9.6 Mean (mm): 0.22, Phi Sorting: 1.48 Shell 4.99%, Siij: 7.59% (SWSM) 5 4 CARBONATE CLASTS, gray (5Y -611 ), (GW). End of Boring Note: 1) Soils are field visually classified in accordance with the Unified Soil ClassifICation System. I PROJECT~ Collier County I HOLE NUMBER CCVC-ll~8 HOLE NO. C -03 DRILLING LOG DMSION: INSTAUAlION: SHEET 1 of 1 1. PROJECT COlLIER COUNTY 10. SIZE AND 1YPE OF BIT 4" {Coordinates. Dr Station} 11. DATIJM FOR ELEVATION SHOWNCTBM or MSL) 2. LOCATION NAD83 FL East X 205439 Y -7S2366 NGVD 12. MANUFAC1\JRER'S DESIGNATION OF DRILL 3. DRlWNG AGENCY: Alpine Aloine 4. HOLE NO. (As shown on drawingtiUe and file number) 13. TOT NO. OF OVER.BURDEN SAMPlES TAKEN CCVC-03-49 Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 5. NAME OF DRIllER Jim Cole 15. ElEVATIONGROUNDWAl1:R 5. DIRECTION OF HOLE 16. DATE HOlE S1ar1e~ Complete~ VERTICAL 8/13103 12:18 17. ElEVATION TOP OF HOLE -40.8 FT 7. THICKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 100% 8. DEPTH DRILLED INTO ROCK N/A 19. SIGNAruRE OF GEOLOGIST ML 9. TOTAL DEPTlf OF HOLE 13.0 FT I 0 CORE wO: z CLASSIFICATION OF MATERIALS .Jw REMARKS ELEV. DEPTH w (Descrlp1Jon) REC lLID CI % ::E::E w 4;::> .J rnz -40.8 0 1- 2- SAND, medium grained, quartz, trace sill, Sample #1, Depth = 2.8 little shell hash, trace shell fragments, light 1 3- gray (SY-7/1), (SW). Mean (mm): 0.38, Phi Sorting: 2.03 Shell: 2.92%, Sill: 1.3% (SW) 4- -46.3 S- o.. . V?' SHELLY SAND, shell compooent is shell Sample #2, Depth = 6.0 -47.3 6- tragments/whole Sh~: U(~l.S". light gray 2 Mean (mm): 0.33. Phi Sorting: 1.23 ~ (SY-7I1 . Shell: 8.32%, Sin: 2.31% (SW) 7- SAND, fine grained, quartz, trace si~, trace I Sample #3. Depth = 74 8- shell hash, trace shell fragments, light gray 3 Mean (mm): 0.26, Phi Sorting: 0.98 (SY-7/1), (SW-SM). Shell: 4.S7%, Sill: 1.98% (SW) -50.3 9- 10': f"" . 11- . . SAND, fine grained. quartz. litHe sill, trace 4 Sample #4, Depth = 11.2 shell hash, light gray (SY-7/1), (SW-SM). Mean (mm): 0.18, Phi Sorting: 1.14 12- Shell: 3.1%, Si~: 10.9% (SWSM) ~ 13 . . End of Boring I 14- I IS";; I 16';; 17';; ; 18- 19- . 20- 21: Note: 22- 1) Soils are field visually classified in accordance with the 23':: Unified Soil Classification Syslem. 24- I PROJECT: Collier County I HOLE NUMBER, C~VC-03-48 -49 10M HOLE NO. CCVC-03-50 DRILLING LOG I DIVISION: INSTAllATION: SHEET 1 of 1 ,. PROJECT COLLIER COUNTY 10. SIZE AND TYPE OF BIT 4" 11. DATUM FOR ELElA1ION SttOWN(TBM Dr MSL) 2. LOCA 110N (Coordinates or Station) NAD83 FL East X=204056 Y=753659 NGVD '2. MANUFACTURER'S DESIGNAll0N OF DRILL 3. DRlWNG AGENCY: Alpine Alpine ~ 4. HOLE NO. (As. sI1OV<<l on dF'a"Ning tiUe and file number) 13. TOT NO. OF OVERBURDEN SAMPLES TAKEN CCVc-03-50 Disturbed: 0 Undisturbed: 0 14. TOTAL NO. OF CORE BOXES 5, NAME OF DRIUER Jim Cole 15. ELEVAll0N GROUNDWAlER 6. DIREC110N OF HOLE 16. DATE HOLE Started Completed VERTICAL 8/13/03 17.41\ '7. ELEVA1ION TOP OF HOLE 41.9 FT 7. 1lI1CKNESS OF BURDEN 0.0 FT 18. TOTAL CORE RECOVERY FOR BORING 100% 8. DEPTH DRILLED INTO ROCK NJA 19. SIGNATURE OF GEOLOGIST ML 9_ TOTAL DEPTH OF HOLE 19.0 FT 0 CORE wit: Z a.ASSIFICATION OF MATERIALS ..Jw ELEV, DEPTH w (Description) REC ll.m REMARKS CI % :E:E w <::> -' cnZ ~ 0 1': .::: -;; :.:. 2-: :.:'. SAND, medium grained, quartz, trace sill, 1 Sample #1, Depth = 2.9 little shell hash, light gray (5Y-7/1), (SW). Mean (mm): 0.37, Phi Sorting: 0.91 3- .::: Shell: 4.78%, Si~ 1.17% (SW) ~ 4- :.: , . 5- 6- SAND. medium grained, quartz, trace sin. 2 Sample #2, Depth = 5.7 7- little shell hash. light gray (5Y-7/1), (SW). Me.... (mm): 0.31, Phi Sorting: 0.82 8": Shell: 4.11 %, Sitt: 1.29% (SP) ~ 9": 10": :~:::. SAND, medium grained, quartz, trace sitt, Sample #3, Depth = 10.5 little shell hash, trace whole shell/shell Me.... (mm): 0.31, Phi Sorting: 0.96 fragments, 1.5" whole shell @ 11.0', gray 3 Shell: 4.33%, Sitt 1.6% (SW) 11.... '::: (SY-611), (SW-SM). ~ 12-~ . , 13- :.: SAND, medium grained, quartz, trace silt, little shell hash, trace whole shelVshell 4 Sample #4, Depth = 13.3 fragments. 1.5" coral fragment @ 14.1', Mean (mm): 0.24, Phi Sorting: 1.35 14- '::. gray (5Y-611), (SW-SM). Shell: 5.84%, Sill: 6.8% (SW.SM) ~ ;.:. ~ 15";:0: :~.> SHELL Y SAND, shell component is whole shelVshell fragments, Iitlle shell hash, light 16"; "ray ISY-7/1\ IG\M. ~ . 17"; . CARBONATE CLASTS, gray (5Y-6/1) grading to wMe (5Y-BJ1), (GM). 16"; . ; . -60.9 I--- 19 End of Boring 20- 21- Note: 22- 1) Soils are fleld visually . Classified in accordance with the 23- Unified Soil Classification System. ; 24- I PROJECT: Colier County I HOLE NUMBER CCVC-03-5D " 1 OM APPENDIX ill GRADATION CURVES FROM BORROW AREA T-l t 1 OM ll:lOrSM ^8 JasJeo~:uuaJJad ;;. o ;;. s;! ;;. g ;;. ~ ;; Ii: ;;. ~ '" g ~ , ~ N 111 16 i -- :.-- --- - ..,; /' / " T I I t M M a. a. .. ~ ~ ~ ~ ~ .., ~ on 5l N 2 on '4 .-' ~ ~ on l':l 0 0 :'1 on ~ 9 ';" ~ ~ r- ": on '7 .. on '" N ~ <1 "'f $ on ~ "l "T .. :: .. (f> .. ~ ~ ii.i ! ~ ii.i "l! 'E ... a. lI) ;;. ~ ~ ;;. ~ ~ ~ ~ ;;. Ii: ~ ~ ~ Percent FinerSv VVeiclht tf '" ~ 8 o u: ;;; co w c --' .2 u. iii '" 1D '" E >- ~ .. 8 "E u. .E ::t .. '" 0 .s; 0 C N >- U co ~ co '" N ~ ii: U Q) ~ g '" 0 Ci. ~ '" .. E '" ...., OJ > "0 "5 ~ 9 on (9 C co u co N r- 1iS z 0 co rn 0 "'" i:I5 E ;p .! ~ E .. t >- ! ~ 0 ~ ~ lI) z a I D '" l '" 'il ~ " "3 " :c .~ 1i " ~ i' 0 .. 0 ~ a. 0 w z (j) 1: N U .... IS 0 r- c: ; <> rn c:i .... 0) CO> M 1: en c: . .... ::> <X! _'t:I UI ~ ~ > on Q)- 0 Q)ID .... )( M J! ~ ~ en c: c: ..,. u: ~ v .- 0 M 9 0)_ M rn c: l'tI ~ wIX: ..J Q) U. Q) c en ~ l'tI co N lJ C ~ Q) c:i E :2: C)O 0 ~ c:ID - -g ::> l'tI '6 c 'c ;: IX: co Q) '" CD rn :2: i N l'tI c:i c: . N on :2: ClSZ lJ I:> 0 0:.... 0 .... ID "i' CD co i:I5 "! -..,. ~ Q) .f!N U) '# M :v (/) .... 0 CIS CD It) t.) ~ 0 s:; c.. () ::> rn ;;. C> Q) ~ ~ ~ rn Q) '0 C u: E c '" 0 I t.) <I:: ~ Q) ....J Ql ~ Ul ::> co t5 :> N Ql ex) <( [jj '7 Z Ql t I f! (5 '" ..0 fil 0 E t.) >- rn ~ '" ~ :;;; ~ C/) Jl! .. * '" a. ,J, Qj E q "E co u .. rn > E u ~ U E 14fJ!aM A8 JasJeoOlU8JJ8d . - M 0 &; ~ ~ . ~ ? '" I .... ., 5l 1 - ~ - .. e - ~ i: - - 5 d - ~ lii lL ... ~ :!2 ~ :g M on ~ d M M ~ '" :is I ci N N 2 f!! on ~ 2 .-' ~ ---- - ~ ~ ~ ~ '" l'3 / ci F on I ci 0 :" -L ~ ;!: I - ';" ~ .... on ... on ., ~ ~ - ~ ~ m :il -1 #- ~ >'! 1 16 ., 0 ." . ~ ." ;:> 8 d '" ~ >'! o it' >'! 8 d ~ '? on N <'i "r on N ., ." 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C> ... >11 ~ >11 o <D >11 R >11 o '" I;; Ci E .g ~ I , ~ ~ ~ III ~ -------- V /' / ~ I I ! , - f.i " .. n. "- a ... ., N '" 0 ... 0 ,.; '" on 0 ,.; ~ 0 N on g N 0 '" on '" ... on ., on on 0 '" ~ on :! c? ";" :2 "! '1' "I ... on ~ '" ;;; <? 'f ~ on on ~ N "i .. " N .. ill " ~ N " ill ill !I E " i w z "- w ,. ~ ... o '" ", ~ ,. ::, ., ,. o ... g '" 1ft ~ ;f!. o ... 1ft g ;{! o N PercentFiner8vWeicht "if: 8 ;f!. o Q) .l'l ~ c: Q) oo Q) E "t:l C E c: u:: a '" () I "" ~ .. --' Q) Q; '" > :::> '" <s :> N Q) .0 <( W orr :Z Q) (5 I I f! '" .c <> 0 E on u >- oo E ~ 0> '0; 8 en ~ III 0 :Ii!. '? Ci '"' Oi E 0 E '" 0 '" tI) > E u '" u t; .E APPENDIX IV SEDIMENT QA/QC PLAN IF. ' L , 10M r , 1 OM Sediment Quality Assurance/Quality Control Plan of the Collier County Beach Renourishment Project FDEP Permit No. 0222355-001-JC March 2005 Introduction This plan is a detailed Borrow Site Sediment Quality ControVQuality Assurance Plan required by Rule 62B-41.008(1)(k)4.b., F.A.C. The plan addresses the sand currently present on the beach, as well as the material within the identified borrow area. A set of sediment quality specifications is provided for the borrow area material with a range of acceptable sand quality values which the contractor must meet for final acceptance of each fill section. The sediment quality specifications take into account the variability of material within the proposed borrow area and represent values which may reasonably be attained by the contractor given what is known about the borrow area material. In addition to the quality specifications, an overview of project inspection and reporting requirements is provided. Beach Sands Beach sediments were sampled in 2003 from FDEP monuments R-27, R-35, R-52, R-64, R-73, and R-84. A summary of this data is provided in Table I. Beach sediment is characterized as generally fme grained, quartz sand with an estimated shell content ranging from 0 to 75%. The wet Munsell colors had a uniform Hue, which indicates a color's relation to red, yellow, green, blue, and purple, of 5Y. The Value, indicating a color's lightness, ranged from 5 to 8, while the Chroma, indicating a color's strength, ranges from 1 to 2. The average wet beach color is between 5Y-61l and 5Y-6/2. The beach grain size ranges from 0.08 nun to 0.88 nun with a mean of 0.24 mm. The silt content the ranges from 0.35% to 30.51 %, with a mean silt content of 2.17%. The native beach sand characteristics were also evaluated based on sand samples taken prior to the 1995/96 beach restoration project. The sediment characteristics of these historic samples taken by other consultants are also included in Table 1, and may not be representative of the entire active profile. The average grain sizes were 0.32 mm in 1988 and 0.26 mm in 1990. By comparing these values to recent beach samples (2003) and Borrow Area Tl, it is likely that the borrow areas sands will help return the beach closer to the native grain size that existed prior to previous nourishment events. Borrow Area Material Sediment characteristics for Borrow Area T -1 are presented in Table 1. The material in Borrow Area T -1 is generally fine grained, moderately sorted sand with trace to little shell content. The wet Munsell color of the material is 5Y-71l (light gray). This is lighter than the average beach sand color. The grain size for this borrow area ranges from 0.19 mm to 0.54 mm with a mean of 0.31 nun. The silt content the ranges from 0.80% to 6.86% and the mean silt content is 1.75%. l: . 10M TABLE 1 - BEACH AND BORROW AREA SEDIMENT STATISTICS Mean Grain Size Sorting Silt Wet (Phi) I (mm) (phi) (%) Color NA TIVE BEACH - 1988 (32nd St, Horizon Way, Vanderbilt Beach) Beach Composite ! 1.63 I 0.32 1.67 1.10 N/A I NATIVE BEACH - 1990 (R-27, R-33, R-54, R-66) Beach Composite 1.93 I 0.26 1.61 2.96 N/A I EXISTING BEACH - MARCH 2003 (R-27, R-35, R-52, R-64, R-73, R-84) Beach Composite I 2.08 I 0.24 1.50 2,17 5Y -6/1.5* I Beach Range 0,18-3.60 0.08 - 0.88 0.36 - 2.54 0.35 . 30.51 5Y-5/1 - 5Y-8/1 to 5Y -6/2 - 5Y -8/2 BORROW AREA T1 T-l (Composite) 1.67 I 0.31 0.92 1.75 5Y-7/1 (standard dev, ) 0.29 ! 0.06 0.22 1.34 T-l Range 0.90-2.36 0.19-0.54 0.60-1.53 0,80-6.86 I 5Y-7!1 *Between 5Y-6/1 and 5Y-6/2 Sediment Quality Specifications Sediment quality specifications for borrow material have been developed and are provided in Table 2. The composite values for the overall placed material should approach the mean values presented for the borrow area. Individual material samples will likely vary from these values. The values provided in Table 2 represent the acceptable range of values for placed material that must be met by the contractor for acceptance of each representative sample and fill section. The specifications proposed take into account the natural variability observed within the borrow areas as determined using the existing core database. The range of acceptable values for each borrow area was determined based on the statistical mean plus/minus one standard deviation. This range of values accounts for 63% of the variability observed within the core log database. Values greater than the standard are present within select sample measurements. These values, however, are due to distinct minor layers and are not representative of the bulk material. Mixing of the material during the dredge process will result in observed material values within the range prescribed by the sediment quality specifications. 2 r I , 10M Borrow Area Sediment Value Allowable Ranl!e Max. Silt Content 5% T-I Mean Grain Size Range 0.26-0.38 mm Allowable Wet Munsell Color 5N-7/1 or lighter TABLE 2 SEDIMENT QUALITY SPECIFICATIONS FOR BORROW AREA MATERIAL Project Monitoring The contractor will be required to visually monitor the material during placement. In addition, qualitative assessments of grain characteristics will be periodically made based on samples collected by the engineer. The engineer will collect samples from representative sections of the beach fill placed each day. The samples will be cataloged and stored for future reference. A record of sediment quality observations will be documented in the contractors' and engineers' daily inspection reports. The potential for rock within the dredged material is very low. However, the material will be screened to remove any chance encounter of rock prior to placement on the beach. Additionally, any material not meeting the standards set herein will be addressed in a manner similar to the other sediment quality values. Daily observation and oversight of the placed material will allow regular comparison to the existing beach. Assessments of sand quality will be conducted through mechanical analysis of representative samples. Acceptance of the fill will be contingent on the placed material meeting the range of acceptable values within the sediment quality specifications. The engineer will collect samples for sieve analysis. One sample will be sieved for each major project segment and/or every 100,000 cy of fill. The silt content and mean grain size will be determined as part of the sieve analysis. Should the engineer note any significant discrepancies between the mechanical sieve characteristics of the profile samples and the material on the beach observed during the daily inspections, the samples collected for qualitative assessments will be analyzed to confirm the values and provide assurance that the placed material is within the sediment quality specifications. TIrrough the contractual arrangement between Collier County and the contractor, the engineer has the right to modifY dredging activity should there be any questions regarding the quality of the placed material. The borrow area, as permitted, provides a sufficient reserve volume where the dredging contractor can be directed to avoid portions of it in the event that significant questions regarding sediment quality arise. Copies of the daily inspection reports can be provided to the FDEP following project completion, or at any time during construction, if requested. Should any question regarding the quality of the borrow material arise during the course of construction, the FDEP will be notified as soon as 3 l , 10M possible of the issues of concern and of any corrective actions taken to avoid placement of unacceptable material. Borrow Area Excavation Restrictions The project specifications will identifY the borrow area to be used. The contractor will be required to dredge within the horizontal and vertical limits of the borrow area. Dredging below the designated borrow area depth or outside the designated borrow area is prohibited as identified in the plans and specifications. The contractor will be made aware that either event represents a violation of both the contract and of permits for the project. The contractor is required to pay for any costs, fines or other expenses related to dredging outside of the three-dimensional borrow area limits, responsible for permit violations resulting from the contractor's negligence in complying with permits for the project, and may be required to remove unacceptable material from the beach fill. Dredge Positioning Equipment The specifications require the contractor to have in continuous operation on the dredge electronic positioning equipment that will accurately compute and plot the position of the dredge. Differential Global Positioning System (DGPS), or equivalent, shall be used to maintain precise positioning of the dredge. Whenever dredging operations are underway, the location of the dredge shall be continuously monitored and its position within the borrow area, in Florida State Plane Coordinates, shall be recorded at intervals not to exceed two (2) minutes. Plotters, monitors, or recorders shall also continuously record the elevation (with respect to NGVD) ofthe cutterhead, or draghead and cut, as well as the cutterhead, or draghead location. Such fixes, and the accompanying plots, shall be furnished to the engineer daily as part of the Quality Control Reports. The Quality Control Reports will be provided to the engineer the next day following each day's record of events, etc. The electronic positioning equipment shall be installed on the dredge so as to monitor, as closely as possible, the actual location of the bottom of the cutterhead. Additionally, the specifications may require the contractor to use software for "Dredge PositioninglDigging" that will provide real-time dredge positioning and digging functions. This allows color display of dredge shape, physical feature data as found in background Cad charts, and color contour matrix files from hydrographic data collection software on a lever/room CRT display. The software will also provide a display of theoretical volume quantities removed during actual dredging operations. The real-time data will be monitored on a continual basis by the engineer to confirm compliance by the dredging contractor within the dredging plan. This type of monitoring may not be available for all types of dredging methods, but will be implemented where feasible. Dredge position data can be provided to the FDEP following project completion, or periodically during construction, if requested. The FDEP will be notified as soon as possible of any violations of the dredging plan. 4 r f J 1 OM Remediation If significant placement of unacceptable material should occur during construction, the FDEP will be immediately notified of the occurrence and the corrective action proposed to remediate the placement. The engineer will have the authority to determine whether the material placed on the beach is acceptable or unacceptable. However, the contractor is responsible for the quality of the placed materials: . If material is found unacceptable for color, size or composition, the contractor shall report it immediately to the engineer, and take actions to investigate the source or cause of the material, and to modifY dredging to alleviate the problem. . If unacceptable quantities of rock or debris are placed on the beach, the contractor is required to cease dredging and notifY the engineer, providing the time, location, and source of the unacceptable material. The engineer will use the dredge positioning records, plans, and vibracore descriptions to determine where the contractor may dredge to avoid additional placement of unacceptable materials. If the amount of unacceptable material placed on the beach is significant, the engineer will direct the contractor to remove the unacceptable material from the fill. . If the engineer determines that the placed sediment does not comply with the specifications, 'the engineer will direct the contractor to cease dredging. Dredge positioning records, plans, and vibracore descriptions will be used to determine where the contractor may dredge to avoid additional placement of unacceptable materials. If the amount of unacceptable material placed on the beach is significant, the engineer may direct the contractor to replace it with sufficient satisfactory material to address the problem. . Should the contractor fail to remove or replace unacceptable material after necessary direction from Collier County to remove or replace it, Collier County may remove and/or replace the unsatisfactory material, deducting the cost of the removal or replacement operation from the contractor's payment. Acceptable and unacceptable material is defined in FAC 62B-41.007 as shown below: To protect the environmental functions of Florida's beaches, only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. Such material shall be predominately of carbonate, quartz or similar material with a particle size distribution ranging between (0.062 mm (4 phi) and 4.76 mm (-2.25 phi) (classified as sand by either the Unified Soils or Wentworth classification), shall be similar in color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the material in the existing coastal system at the disposal site and shall not contain: 1. Greater than 5 percent, by weight, silt clay or colloids passing the #230 sieve (4.0 phi). 5 , 10M 2. Greater than 5 percent, by weight, fine gravel retained on the #4 sieve (-2.25 phi). 3. Coarse gravel, cobbles or material retained on the % inch sieve in a percentage or size greater than found on the native beach. 4. Construction debris, toxic material or other foreign matter; and 5. Not result in cementation of the beach. If rocks or other non-specified materials appear on the surface of the filled beach in excess of 50% of background in any 10,000 square foot area, then surface rock should be removed from those areas. These areas shall also be tested for subsurface rock percentage and remediated as required. If the natural beach exceeds any of the limiting parameters listed above, then the fill material shall not exceed the naturally occurring level for that parameter. 6 APPENDIX V FILL DISTRIBlITION BY R-MONUMENT f .. I 10M FILL DISTRIBUTION BY R-MONUMENT COLLIER COUNTY BEACH RENOURlSHMENT PROJECT PROFILE EFFECTIVE DISTANCE (FT) VOLUME (CY) -- TAPER R-23 R-24 R.25 R.26 R-27 R-28 R-29 R-3O R-31 R.32 R-33 R-34 R-35 R.36 TAPER 100 1,117 1,074 1,051 986 1,095 1,026 942 1,033 1,022 1,011 1,021 1,012 998 514 1,000 500 11.174 10,738 16,630 16,625 19,580 14,120 9,423 10,330 10,-~ 10,107 10,209 10,119 11,547 5,581 5,427 ar Tiflil~~~~=~M~~ ,~>r, ::=;, .~~==~?S~~5 ~~:% :.;;~~ TAPER R.45 R-46 R-47 R.48 R.49 T-50 R-51 R-52 R.53 R-54 TAPER 850 1,078 1,040 953 1,000 1,077 1,208 1,108 967 1,060 529 390 4,462 11,314 10,~~ 9,533 10,002 10,767 12,079 29,353 31,474 31,670 6,105 2,249 [[~~~~-:_::~~=-::_L~2.~-=~ -~ ~~~-~:-~:~3 TAPER 500 10,016 R-58A 250 10,016 R.58 750 25,653 R-59 1,035 21,281 R.60 1,081 13,036 R-61 1,049 10,488 R-62 1,015 10,146 R.63 967 22,673 R.64 854 8,543 R-65 804 - 8,041 R-66 813 9,752 R-67 805 8,519 R-68 810 8,104 R.69 805 8,047 R-70 800 26,481 R.71 803 31,319 R-72 807 26,955 R-73 813 8,129 R-74 803 8,028 R-75 795 8,705 R.76 799 12,189 R.T7 782 7,821 R-78 467 4,665 TAPER 1,000 5,000 H OVERALL I 45,889 I 655,347 n J 1 OM EXHIBIT K-l EXHIBIT K-2 EXHIBIT K-3 J 10M EXIDBIT K PERMITS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION JOINT COASTAL PERMIT NO. 0222355-001-JC JANUARY 12, 2005 U.S. ARMY CORPS OF ENGINEERS PERMIT NO. 1994-3953 (IP-MN) (PENDING) AND USFWS BIOLOGICAL OPINION (PENDING) EXTRACT FROM NATIONAL MARINE FISHERIES BIOLOGICAL OPINION DREDGING OF GULF OF MEXICO NA VlGATION CHANNELS AND SAND MINING (BORROW) AREAS USING HOPPER DREDGES BY COE JACKSONVILLE DISTRICT r i J EXHIBIT K-1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION JOINT COASTAL PERMIT NO. 0222355-001-JC JANUARY 12,2005 10M , 1 OM Department of Environmental Protection jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 Colleen M. Castille Secrewy CONSOLIDATED JOINT COASTAL PERMIT AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION PERMIITEElAUTHORlZED ENTITY: Collier County Board of County Commissioners clo Ron HoveD Collier County Public Utilities Division 3301 East Tamiami Trail, Bldg. H Naples, FL 34112 Permit/Authorization No.: 0222355-oo1-JC Date of Issue; January 12, 2005 Expiration Date of Construction Phase: January 12, 2015 County: Collier Project; Collier County Beach Nourishment Project This permit is issued under the authority of Chapter 161 and Part N of Chapter 373, Florida Statutes (F.S.), and Title 62, Florida Administrative Code (F.A.C.). Pursuant to Operating Agreements executed between the Department of Environmental Protection (Department) and the water management districts, as referenced in Chapter 62-113, F.A.C., the Department is responsible for reviewing and taking fmal agency action on this activity. ACTIVITY DESCRIPTION: The project entails the construction of a two-phase beach nourishment project along three segments of the Collier County shoreline. Phase I includes nourishment of previously restored areas of Vanderbilt Beach (R-21 to R-31), Park Shore Beach (R-48 to R-55), and Naples Beach (R-58 to R-79). Phase n will include beach restoration along the shores of Pelican Bay (R-31 to R-37) and Northern Park Shore (R-43.5 to R-48). The total volume of material for beach placement is approximately 673,000 cubic yards of beach quality sand from an offshore source over approximately 50,000 feet of shoreline. The project also includes construction of 1.09 acres of artificial reef in order to mitigate for anticipated hardbottom impacts resulting ftom equilibration of project toe of fill. ACfIVITY LOCATION: The borrow area is located approximately thirty-three (33) miles to the north and offshore of the placement area, outside of State waters. The beach fill areas are located along the shorelines of Vanderbilt Beach, Park Shore Beach, Naples Beach, Pelican Bay, and Northern Park Shore, in Collier County, Sections 29 and 32, Township 48 South, Range 25 East. Sections 5. 8. 16. 21 and 28, Township 49 South, Range 25 East and Sections 4 and 9, Township 50 "More Protection, Less Process' Primed an recycled pa~r. . 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 2 of21 South, Range 25 East, Gulf of Mexico, Class m Waters. The location of the mitigation artificial reef will be determined at a later date. This permit constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. This permit also constitutes certification of compliance with state water quality standards pursuant to Section 401 of the Clean Water Act, 33 U.S.C. 1341. This activity also requires a proprietary authorization, as the activity is located on sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust FW1d, pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and 253.77, F.s. The activity is not exempt from the need to obtain a proprietary authorization. The Department has the responsibility to review and take final action on this requeSt for proprietary authorization in accordance with Section 18-21.0051, F.A.C., and the Operating Agreements executed between the Department and the water management districts, as referenced in Chapter 62-113, F.A.C. In addition to the above, this proprietary authorization has been reviewed in accordance with Chapter 253, F.S., Chapter 18-21, Section 62-343.075, F.A.C., and the policies of the Board of Trustees. As staff to the Board of Trustees, the Department has reviewed the activity described above, and has determined that the beach placement activities and placement of the mitigative artificial reef qualify for a Letter of Consent to use sovereign, submerged lands, as long as the work performed is located within the boundaries as described herein and is consistent with the terms and conditions herein. Therefore, consent is hereby granted. pursuant to Chapter 253.77, F.S., to perform the activity on the specified sovereign submerged lands. . A copy of this authorization has been sent to the U. S. Army Corps of Engineers (USACOE) for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. The above named permittee is hereby authorized to construct the work shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof. This permit and authorization to use sovereign submerged lands is subject to tbe limits, conditions, and locations of work sbown in tbe attached drawings, and is also subject to tbe General Conditions and Specific Conditions, wbicb are a binding part of tbis permit and authorization. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings. If you r II 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 3 of21 are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented as set forth in the plans and specification approved as a part of this permit, and all conditions and requirements of this permit. The permittee shall notify the Department in writing of any anticipated deviation from the permit prior to implementation so that the Department can determine whether a modification ofthe permit is required pursuant to Section 62B-49.008, Florida Administrative Code. 2. n: for any reason, the permittee does not comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Bureau of Beaches and Coastal Systems and the appropriate District offiCe of the Department with a written report containing the following information: a description of and cause of noncompliance; and the period of noncompliance, including dates and times; or, ifnot corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. 3. This permit does not eliminate the necessity to obtain any other applicable licenses or permits which may be required by federal, state, local, special district laws and regulations. This permit is not a waiver or approval of any other Department permit or authorization that may be required for other aspects of the total project which are not addressed in this permit. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of sovereignty land of Florida seaward of the mean high-water line, or, if established, the erosion control line, unless herein provided and the necessary title, lease, easement, or other form of consent authorizing the proposed use has been obtained from the State. The permittee is responsible for obtaining any necessary authorizations from the Board of Trustees of the Internallmprovement Trust Fund prior to commencing activity on sovereign lands or other state-owned lands. 5. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered specifically approved unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 6. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee. The issuance of this permit does not convey any vested rights or any excll;1sive privileges. , 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 4 of21 7. This permit or a copy thereof, complete with all conditions, attachments, plans and specifications, modifications, and time extensions shall be kept at the work site of the permitted activity. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit 8. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel with proper identification and at reasonable times, access to the premises where the permitted activity is located or conducted for the purpose of ascertaining compliance with the terms of the permit and with the rules of the Department and to have access to and copy any records that must be kept under conditions of the permit; to inspect the facility. equipment, practices, or operations regulated or required under this permit; and to sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. 9. At least forty-eight (48) hours prior to commencement of activity authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems and the appropriate District office of the Department a written notice of commencement of construction indicating the actual start date and the expected completion date and an affirmative statement that the permittee and the contractor, if one is to be used, have read the general an specific conditions of the permit and understand them. 10. Ifhistorical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the State Historic Preservation Officer and the Bureau of Beaches and Coastal Systems. 1 L Within 30 days after completion of construction or completion of a subsequent maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches and Coastal Systems and the appropriate District office of the Department a written statement of completion and certification by a registered professional engineer. This certification shall state that all locations and elevations specified by the permit have been verified; the activities authorized by the permit have been performed in compliance with the plans and specifications approved as a part of the permit, and all conditions of the permit; or shall describe any deviations from the plans and specification, and all conditions of the permit. When the completed activity differs substantially from the permitted plans, any substantial deviations shall be noted and explained on two copies of as-built drawings submitted to the Department. , 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-OO1-JC Page 5 of21 SPECIFIC CONDITIONS: 1. Pursuant to Chapter 161.141, Florida Statutes, prior to construction of the beach nourishment project, the board of trustees must establish the line of mean high water for any area affected by this project that does not already have an Erosion Control Line (ECL). This is required to establish the boundary line between sovereignty lands of the state bordering on the Gulf of Mexico and the upland properties. No work shall commence until the Erosion Control Line has been executed to the satisfaction of the Department and recorded in the County Records. 2. Ifhistorical or archaeological artifacts such as, but not limited to, Indian canoes, arrow heads, pottery or physical remains, are discovered at any time within the project site, the permittee shall immediately stop all activities which disturb the soil and notify the Department's District Office and the Bureau ofRistoric Preservatio~ Division of Historical Resources, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. 3. All reports or notices relating to this permit shall be sent to the DEP, Bureau of Beaches and Coastal Systems, JCP Compliance Officer, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000 and the DEP South District Office, (2295 Victoria Ave, Suite #364, Ft. Myers, Florida 33901-3881). 4. No work shall be conducted under this permit untilthe permittee has received a written notice to proceed from the Department. At least 60 days prior to the requested date ofissuance of the notice to proceed, the permittee shall submit the following for review and approval by the Department: a. A detailed Physical Monitoring Plan, as described in Specific Condition No. 11 (physical Monitoring section). b. Final Biological Monitoring Plan, as described in Specific Condition No. 10. c. A Mitigation Plan as described in Specific Condition No. 12. d. Final Sediment Quality Control/Quality Assurance Plan, as required by Rule 62B-41.008(1 )(k)4.b., F .A.C. Once approved by the Department, compliance with the Plan shall be a specific condition of this permit and must be incorporated in the relevant Terms and Conditions of the construction contracts. The Plan shall include project-specific sediment quality specifications for grain size distributio~ color, and carbonate composition to ensure that the sediment from the borrow sites will meet the standards in Rule 62B-41.007(2)(j), F .A.C., for the exclusion of non- compatible fill material. The Plan shall provide quality control procedures for excavating sediment from within the authorized horizontal and vertical limits of the permitted borrow sites; for monitoring and reporting the quality of sediment as it is , 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 60f21 placed on the beach; and for altering construction operations if the sediment does not comply with the project specific sediment quality specifications or stopping the dredging operation if the specifications cannot be attained. Further, the Plan shall provide procedures for testing the quality of the sediment after it is placed and methods for remediation of any areas of fill material that do not comply with the sediment quality specifications. e. Two hard copies and an electronic copy of detailed final construction plans and specifications for all authorized activities, including a vessel operationS plan. These documents shall be signed and sealed by the design engineer who must be registered in the State of Florida, and shall bear the certifications specified in Rule 62B- 41.007(4), F.A.C. The plans and specifications shall include a description of the beach construction methods to be utilized and drawings and surveys which show all biological resources and work spaces (e.g., anchoring area, pipeline corridors, staging areas. boat access corridors, etc.) to be used for this project. f Turbidity monitoring qualifications. Construction at the project site shall be monitored closely to assure that turbidity levels do not exceed the compliance standards established in this permit. Accordingly, an individual familiar with beach construction techniques and turbidity monitoring shall be present at all times when fill material is discharged on the beach. This individual shall have authority to alter construction techniques or shut down the dredging or beach construction operations if turbidity levels exceed the compliance standards established in this permit. The names and qualifications of those individuals performing these functions along with 24-hour contact information shall be submitted for approval. g, Written verification that the Erosion Control Line has been executed and recorded throughout the entire project area. h, Outfall Management Plan. The County shall submit a long-range management plan (including an identification of viable funding sources) for the removal of storm water outfal1s from the beach. Submittal of an acceptable plan will be a requirement of the Notice to Proceed for the second nourishment event. 5. At least 7 days prior to commencement of the initial and subsequent beach nourislunent construction activities authorized by this permit, the pennittee shall conduct a pre-construction conference to review the specific conditions and monitoring requirements of this permit with permittee's contractors, the engineer of record. FWC and Department staff representatives. The permittee shall provide written notification, at least 14 days in advance of the meeting, to the following offices advising of the date, time, and location of the pre-construction conference. r , 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-00I-JC Page 7 of21 DEP, Bureau of Beaches and Coastal Systems Attention - JCP Compliance Officer Mail Station 300 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Phone: (850) 487-4471 fax: (850) 488-5257 DEP, South District Office Submerged Lands & Environmental Resources Program 2295 Victoria Ave, Suite #364 Ft. Myers, Florida 33901-3881 Phone: (239) 332-6975 FWC, ISMS 620 South Meridian Street Tallahassee, Florida 32399-1600 Phone: (850) 922-4330 6. Pursuant to Chapter 370.25, Florida Statutes (F.S.), the permittee shall require the selected artificial reef contractor to complete the attached MATERIAL CARGO MANIFESTO form required by the FWC, Division of Marine Fisheries Artificial Reef Program. This form shall be maintained on board the vessel during transport of artificial reef material over state waters. 7. Following construction of the artificial reef(s), the permittee shall complete the attached MATERIALS PLACEMENT REPORT form required by the FWC, Division of Marine Fisheries Artificial Reef Program. Within 30 days following construction, the completed form shall be submitted to the Florida Fish & Wildlife Conservation Commission, Division of Marine Fisheries, Artificial ReefProgr~ 620 S. Meridian Street, Tallahassee, FL 32399 and a copy e- mailed to the JCP Compliance Officer, Bureau of Beaches & Coastal Systems. In addition to attaching the completed form, please indicate on the e-mail that the information is being submitted for the Collier County Beach Nourishment Project, Permit No. 0222355-00I-JC, as required by Specific Condition 7. 8. The permittee shall construct and maintain a shore-parallel sand dike at the beach placement area at all times during hydraulic discharge on the beach to meet turbidity standards prescribed by this permit. 9. DuriD.g all dredging operations, the permittee shall require the dredging contractor to have electronic positioning equipment that continuously measures the vertical and horizontal location of the dredge at all times during construction operation. The horizontal positioning equipment shall be installed on the dredge so as to monitor the actual location of the dredge equipment and 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 8 of21 be interfaced with the depth-monitoring device. This equipment shall provide a permanent record of the position referenced to State Plane Coordinates and NGVD. The Contractor shall provide telemetry of the instantaneous dredging positioning and digging functions of the project dredges that accommodates electronic charting functions by the Permittee at a remotely located system. As part of the final report, the permittee shall provide a daily record of the position of the dredge equipment which includes the dredge area limits with actual and maximum authorized dredge depth referenced to state plane coordinates and NGVD. Vertical and horizontal accuracy of the positioning equipment shall also be reported. MONITORING REQUIRED: 10. Biologieal Monitoring. The goal of the biological monitoring program is to evaluate the potential impacts of the project upon the extensive, nearshore hardbottom communities along the project area shoreline and nearshore/offshore communities along the submerged pipeline corridors. The monitoring shall be specifically directed to the assessment of the dynamics of the equilibrium toe offill. Twenty-four, permanent, 150-meter long, cross-shore monitoring transects shall be established beginning from the preconstruction landward nearshore edge of the hardbottom.. Six to eight similar transects will be established north and south of each of the fill segments to monitor hardbottom at the adjacent areas. Eight control transects shall be established in the areas where the effects of beach fill placement are not anticipated. Video surveys and in situ estimations shall be used for the nearshore biological monitoring surveys. At least twenty 0.5m2 quadrats shall be placed along each transect for in situ estimations. The following information shall be collected along each transect: the current position of the nearshore edge of the hardbottom; surveys of the 0.5m2 quadrats (as outlined below); and photographs (taken at permanently established photo quadrats) to docwnent status of scleractinian corals, octocorals, and other prominent organisms observed.. Within each 0.5m2 quadrat, the surveys shall estimate cover by macroalgae and other organisms, number and dimensions of scleractinian corals and octocorals, cover and thickness of loose sediments, and physical relief ofhardbottom. The details of the methodology and selected transect locations are attached in the latest version of the Draft Biological Monitoring Plan dated September 22, 2004. Multibeam fathometer or side-scan sonar survey and diver verification survey along the nearshore edge of the hardbottom shall be conducted to document the changes in the sand/hardbottom border due to the equilibration of the toe of fill. Aerial photography shall be taken annually for five years, during the summer, at the time of the best visibility in nearshore waters, from an altitude that would allow the photographs to clearly show both the shoreline and sand/hardbottom border. Aerial photography shall also include the artificial reef. II 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 9 of2I Monitoring of the mitigation site shall be conducted using a methodology that is similar to natural hardbottom survey. Ten permanent, 20-meter-Iong transects shall be established over the I.09-acre mitigation artificial reef immediately after construction. Nearshore hardbottom monitoring, including cross-shore transects and sandlhardbottom border surveys, shall be conducted during the summer prior to construction and then in years 1, 2,3, and 5 after construction. Reports shall include survey data, data analysis and their interpretation. Reports shall be provided within 60 days of the completion of each survey, but no later than November I of each year. I Pipeline corridors shall be video surveyed immediately after pipeline placement and immediately after removal. If damage to hardbottom organisms is detected at any time, then the permittee shall immediately attempt to save the damaged organisms, and then report the damage and remediation efforts to the Department (via e-mail to the JCP Compliance Officer). Reports of the video surveys shall include data regarding condition of organisms, data analysis and their interpretation. Reports shall be provided within 60 days of the completion of survey, but no later than November I of that year. The reports shall include accurate estimates of the extent of damage to hardbottom communities not previously restored, and failed restoration efforts. The final report shall also propose mitigation for any residual damage to the hardbottom community. The permittee shall conduct physical monitoring as stated below to assess the performance of the project and sediment dynamics over the period of record represented by the surveys. Results of physical monitoring data shall also be used to determine the extent of biological impabts. Physical monitoring data shall be compared to thehardbottom edge survey. All hardbottom cover seaward of the initial (preconstruction) location of the nearshore edge of the hardbottom shall be attributed to the project due to cross-shore sediment transport seaward of the applicant's estimated depth of closure. 11. Physical monitoring Pursuant to 62B-41.005(16), FA.C., physical monitoring ofthe project is required through acquisition of project-specific data to include, at a minimum, topographic and bathymetric surveys of the beach, offshore, and borrow site areas, aerial photography, and engineering analysis. The monitoring data is necessary in order for both the project sponsor and the DePartment to regularly observe and assess, with quantitative measurements, the performance' of the project, any adverse effects which have occurred, and the need for any adjustments, modifications, or mitigative response to the project. The scientific monitoring process also 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 10 of21 provides the project sponsor and the Department information necessary to plan. design, and optimize subsequent follow-up projects, potentially reducing the need for and costs of unnecessary work. as well as potentially reducing any environmental impacts that may have occurred or be expected. Prior to issuance of the Notice to Proceed, the permittee shall submit a detailed Monitoring Plan subject to review and approval by the Department. The Monitoring Plan shall indicate the project's predicted design life. The approved Monitoring Plan can be revised at any later time by written request of the permittee and with the written approval of the Department. If subsequent to approval of the Monitoring Plan there is a request for modification of the permit, the Department may require revised or additional monitoring requirements as a condition of approval of the permit modification. As guidance for obtaining Department approval, the plan shall generally contain the following items: Topographic and bathymetric profile surveys of the beach and offshore shall be conducted within 90 days prior to commencement of construction, and within 60 days following completion of construction of the project. Thereafter, monitoring surveys shall be conducted annually for a period of three (3) years, then biennially until the next beach nourishment event or the expiration of the project design life, whichever occurs first. The monitoring surveys shall be conducted during a spring or summer month and repeated as close as practicable during that same month of the year. If the time period between the immediate post-construction survey and the first annual monitoring survey is less than six months, then the permittee may request a postponement of the first monitoring survey until the following springlswnmer. A prior design survey of the beach and offshore may be submitted for the pre- construction survey if consistent with the other requirements of this condition. The monitoring area shall include profile surveys at each of the Department of Environmental Protection's DNR reference monuments within the bounds of the beach fill area and along at least 5,000 feet of the adjacent shoreline on both sides of the beach fill area. For those project areas that contain erosion control structures, such as groins or breakwaters, additional profile lines shall be surveyed at a sufficient number of intermediate locations to accurately identify patterns of erosion and accretion within this subarea. All work activities and deliverables shall be conducted in accordance with the latest update of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards for Beach Erosion Control Projects, Sections OJ 000 and 01100. ~. 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 11 of21 b. Aerial photography of the beach shall be taken concurrently with the post- construction survey and each annual and biennial monitoring survey required above, as close to the date of the beach profile surveys as possible. The limits of the photography shall include the surveyed monitoring area as described above. All work activities and deliverables shall be conducted in accordance with the latest update of the BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100. c. The permittee shall submit an engineering report and the monitoring data to the BBCS within 90 days following completion of the post-construction survey and each annual or biennial monitoring survey. The report shall summarize and discuss the data, the performance of the beach fill project, and identify erosion and accretion patterns Within the monitored area In addition, the report shall include a comparative review of project performance to performance expectations and identification of adverse impacts attributable to the project. Appendices shall include plots of survey profiles and graphical representations of volumetric and shoreline position changes for the monitoring area. Results shall be analyzed for patterns, trends, or changes between annual surveys and cumulatively since project construction. . d. Monitoring reports and data shall be submitted to the Bureau of Beaches and Coastal Systems, JCP Compliance Officer, in Tallahassee. Failure to submit reports and data in a timely manner constitutes grounds for revocation of the permit. When submitting any monitoring information to the Bureau, please include a transmittal cover letter clearly labeled with the following at the top of each page: "This monitoring information is submitted in accordance with Item No. [XX] of the approved Monitoring Plan for Permit No. 0222355-001-JC for the monitoring period [XX]. 12. Mitigation In order to offset impacts to an estimated 1.09 acres of nearshore hardbottom communities, which is associated with the seaward spreading offi)) to the estimated equilibrium toe of fill (ETOF), the permittee shall build 1.09 acres of)ow relief artificial reef as the initial mitigation. The construction of this mitigation reef should be completed prior to commencement of beach construction. However, if the construction schedule would not allow up-front mitigation, construction of the mitigation reef shall be completed no later than six months after the Completion of the initial nourishment event authorized by this permit. If the mitigation reef is not completed by one year after the commenceIllent of the initial beach nourishment, an additional 0.2 acres of artificial reef shall be added to the mitigation reef to address the time lag 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-00 I-JC Page 12 of21 associated with lost productivity. The mitigation requirement shall continue to increase by 0.2 acres for each additional year of delay. Furthermore, if the post-construction monitoring reveals damage to hardbottom communities (due to either burial or sedimentation) exceeding the initial estimate of 1.09 acres, the permittee shall build additional mitigation reef at a ratio of2:1, due to the time lag. The mitigative artificial reef shall be built oflimestone boulders and shall simulate a flat hardbottom with approximately 0.3 to 0.6 meters (1 to 2 feet) of vertical relief. The maximum vertical dimension of the boulders shall be no more than 1.5 m and not less than 1 m, and shall have an average vertical dimension of approximately 1.2 m. The artificial reef shall be constructed in a sandy area with sand thickness not less than 0.3 m (one foot) and not more than 0.6 m (two feet). The artificial reef shall remain at least 15 m (50 feet) away from the nearest hardbottom community (including populated hardbottom communities covered by a thin veneer of sand). The Mitigation Reef Construction Plans and Specifications shall be submitted to the Department no later than 60 days prior to the beginning of the beach fill construction (see Specific Condition 4.c). The Mitigation Reef Construction Plan shall include a map indicating the location of the initial 1.09 acres of artificial reef and also show possible locations for at least an additional acre of mitigation reef, which may be required later. The Plan shall also include a description of the artificial reef construction methods and material used, surveys which show the thickness of the sand in the selected mitigation area(s), the location of adjacent hardbottom communities, and the location of work spaces (e.g., anchoring area, staging areas, boat/barge access corridors, etc.). A notice of completion of the artificial reef construction shall be submitted to the BBCS (compliance officer) within seven days of construction completion. This notice shall include an as-built survey of the artificial reef. Monitoring of the artificial reef shall be conducted and reported according to Specific Condition 11. 13. In order to ensure that marine turtles are not adversely affected by construction activities, the following conditions shall be followed in order to protect nesting marine turtles: a. Beach nourishment shall be started after October 31 and be completed prior to May 1. b. All fill material placed on the beach must be analogous to that which naturally occurs within the project location or vicinity in quartz to carbonate ratio, color, median grain size, and median sorting. The material shall be similar in color and grain size distribution (sand grain frequency, mean and median grain size, and sorting coefficient) to the material in the existing coastal system at the disposal site and shall not contain: 1. Greater than five percent, by weight, silt, clay or colloids passing the #230 sieve; 11. Greater than five percent, by weight, fine gravel retained on the #4 sieve; t 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-00I-JC Page 13 of21 iii. Coarse gravel, cobbles, or material retained on the Y.. inch sieve in a percentage or size greater than found on the native beach; iv. Construction debris, toxic material or other foreign matter; and not result in contamination of the beach. v. These standards must not be exceeded in any 1,000 square foot section, extending through the depth of the nourished beach. If the natural beach exceeds any of the limiting parameters listed above, than the fill material must not exceed the naturally occurring level for that parameter. c. Immediately after completion of the beach fiU placement event and prior to February 1 for 3 subsequent years if placed sand still remains on the beach, the beach shaU be tilled as described below. Durfug the 3 years following each fill placement event, the permittee may measure sand compaction in the area of restoration in accordance with a protocol agreed to by the FWC, the Department, the U.S. Fish & Wildlife Service, and the applicant to determine if tilling is necessary. At a minimum, the protocol provided below shall be followed. lfrequired, the area shall be tilled to a depth of24 inches. I. All tilling activity must be completed prior to February 1. An annual summary of compaction surveys and the actions taken shall be submitted to the FWC. lfthe project is completed during the nesting season, tilling shall not occur in areas where nests have been left in place or relocated unless authorized by the U.S. Fish and Wildlife Service in an Incidental Take Statement. A report on the results of compaction monitoring shall be submitted to the FWC prior to any tilling actions being taken. This condition shall be evaluated annually and may be modified if necessary to address sand compaction problems identified during the previous year. 11. Compaction sampling stations shall be located at 50o-foot intervals along the project area. One station shall be at the seaward edge of the dune/bulkhead line (when material is placed in this area) and one station shall be midway between the dune line and the high water line (normal wrack line). iii. At each station, the cone penetrometer shall be pushed to a depth of 6, 12, and 18 inches three times (three replicates). Material may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need to be reset between pushes, especially if sediment layering exists. Layers of highly compact material may lie over less compact layers. Replicates shall be located as close to each other as possible, without interacting with the previous hole and/or disturbed sediments. The three replicate compaction values for each depth shall be averaged to produce final values for each depth at each station. Reports shall include all 18 values for each transects line, and the final 6 averaged compaction values. 1 OM Joint Coastal Pennit Collier County Beach Nourishment Project Permit No. 0222355-00 1-JC Page 14 of21 iv. If the average value for any depth exceeds 500 psi for any two or more adjacent stations, then that area shall be tilled prior to February 1. If values exceeding 500 psi are distributed throughout the project area but in no case do those values exist at two adjacent stations at the same depth, then consultation with the FWC shall be required to determine if tilling is required. If a few values exceeding 500 psi are present randomly within the project area, tilling shall not b~ required. v. Compaction measurements and tilling shall not occur within 'or adjacent to areas being utilized for nesting by shorebirds. d. Visual surveys for escarpments along the beach fill area shall be made immediately after completion of the beach nourishment project and prior to April 1 for the following three years if placed sand still remains on the beach. All scarps shall be leveled or the beach profile shall be reconfigured to minimize scarp formation. In addition, weekly surveys of the project area shall be conducted during the two nesting seasons folloWing completion of fill placement as follows. 1. The number of escarpments and their location relative to DNR-DEP reference monuments shall be recorded during each weekly survey and reported relative to the length of the beach surveyed (e.g.. 50% scarps). Notations on the height of these escarpments shall be included (0 to 2 feet, 2 to 4 feet, and 4 feet or higher) as well as the maximum height of all escarpments. ii. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled to the natural beach contour by . April 15. Any escarpment removal shall be reported relative to R-monument. iii. If weekly surveys during the marine turtle nesting season docWTIent subsequent reformation of escarpments that exceed 18 inches in height for a distance of 100 feet, the FWC shall be contacted immediately to determine the appropriate action to be taken. iv. No scarp removal shaU occur within or adjacent to areas being utilized for nesting by shorebirds. e. A lighting survey shall be condQCted from the nourished berm prior to April 15 of the first nesting season following nourishment and action taken to ensure that no lights or light sources are visible from the newly elevated beach. A report summarizing all lights visible, using standard survey techniques for such surveys, shall be submitted to FWC by May 15 and docWDenting all compliance and enforcement action. Additional lighting surveys shall be conducted monthly through August and results reported by the 15th of each month. f. Reports on all nesting activity shall be provided for the initial nesting season and for a minimum of three additional nesting seasons. Monitoring of nesting activity in the four seasons following construction shall include daily surveys and any additional ~ 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 15 of21 measures authorized by the FWC. Reports submitted shall include daily report sheets noting all activity, nesting success rates, hatching success of all relocated nests, hatching success of a representative sampling of nests left in place (if any), dates of construction and names of all personnel involved in nest surveys and relocation activities. Data should be reported separately for the nourished areas and for an equal length of adjacent beach that is not nourished in accordance with Table I below. Summaries of nesting activity shall be submitted in electronic format (Excel spreadsheets). All reports should submitted by January 15 of the following year. g. In the event a sea turtle nest is excavated during construction activities, all work shall cease in that area immediately and the permitted person responsible for egg relocation for the project should be notified so the eggs can be moved to a suitable relocation site. h. Upon locating a dead, injured, or sick endangered or threatened sea turtle specimen, initial notification must be made to the FWC at 1-888-404-FWCC. Care should be taken in handling sick or injured specimens to ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause of death. In conjunction with the care of sick or injured endangered or threatened species or preservation of biological materials from a dead animal, the finder has the responsibility to ensure that evidence intrinsic to the specimen is not unnecessarily disturbed. In the event a hopper dredge is utilized for sand excavation, all conditions in the National Marine Fisheries Service (NMFS) Biological Opinion for Dredging of Gulf of Mexico Navigation Channels and Sand Mining Borrow Areas Using Hopper Dredges by CaE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SER/2000/01287) must be followed, and the FWC shall be sent copies of the reports specified in the Biological Opinion. ~. 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 16 of21 Table 1. Marine Turtle Monitoring for Beaeb Restoration Projeets The following monitoring is required for beach restoration projects. Reports summarizing the nesting should be submitted to the Tequesta office with a copy to the Tallahassee office by January 15 of the subsequent year. Data for nesting activity on the nourished beach and on an equal length of beach that is not nourished shall be reported separately, and should include numbers of nests lost to er()sion or washed out. Summaries of nesting activity shall be submitted in electronic format (Excel spreadsheets). CharacteriStic Parameter Measurement Variable Nesting Success . False CIlIwls - Visual assessmcut.ofall false Number and location.ofmIse CIlIw1s:infill areas number cmwls andnonfiUedareas: any iJlteractionoftheturtle with obstructionS, such as groins, seawatIs, or scarps, should be noted. False crawl- Categorization of thestBge at Nwnber in each of the following categories: type whicb nesting was.abandoned emergence-no digging, preliminary body pit, abandoned egg chamber. .. Nests NUmber The number ofmarmeturdenestli in filled and nonfil1ed areas Should be riQted. . If possible, the location of all marine twtlenests shallbe marked on map of project. and approximate di.slBnce to sea walls or scaips me3sured using a meter tape. Any abnormal cavity morphologies Should be reported as wen as whether turtlctouched groins, seawalls, or Scarps during. nest excavation Lost Nests The nwnber of nests lost to inundation, erosion Or the number with lost markerS that could nofbe found. Lighting Disoriented sea turtles The number of disoriented hatchlings and adults Impacts shall be documented and reported in accOrdance with existingFWC protocol for disorientatiOn events. . Reproductive Emergence & Standard survey protocol Nwnbersofthe following: unhatched eggs, .. Success hatching success depredated nests and eggs, live pipped eggs, dead pipped eggs, live hatchlings in nest, dead hatchlings in nest, hatchlings emerged, disoriented hatclIlings, depredated hatchlings .< ~. 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 17 of21 14. In order to ensure that shorebirds are not adversely affected by construction activities, the following conditions shall be foUowed in order to protect shorebirds: a. Shorebird surveys should be conducted by trained, dedicated individuals using accepted, appropriate ecological survey procedures (for example, see "Breeding Season Population Census Techniques for Seabirds and Colonial Waterbirds Throughout North America" at URL: hrt.p://www.mo2-pwre.usw;.gov/cwb/manuaI/) during the shorebird nesting season. February 1 through September 1. 1. Nesting season surveys shall begin on February 1 or 45 days prior to construction commencement, whichever is later, and be conducted daily throughout the constnIction period or through September if no shorebird nesting activity is observed. ii. For projects conducted in piping plover habitat, surveys to detect piping plovers or concentrations of other wintering or migratory shorebirds should begin 14 days prior to construction commencement and be conducted once every 2 weeks for all work from December through April. Each shorebird species observed, a rough estimate of numbers of each species, the location of the birds, and their activity, (e.g., foraging, resting, nesting, courtship behavior) should be.logged and reported to the FWC Regional Wildlife Diversity Conservation Biologist monthly. iii. The FWC Regional Wildlife Diversity Conservation Biologist shall be contacted at (561) 625-5133 within 24 hours if shorebird nesting occurs within or immediately adjacent to the project area. b. Buffer Zones and Travel Corridors. Within the project area, the permittee shall establish a 300 ft-wide buffer zone around any location where shorebirds have been engaged in courtship or nesting behavior, or around areas where piping plovers occur or winter migrants congregate in significant numbers. Any and all construction activities, including movement of vehicles, should be prolnbited in the buffer zone. i. The width of the buffer zone shall be increased ifbirds appear agitated or disturbed by construction or other activities in adjacent areas. ii. Site-specific buffers may be implemented upon approval by FWC as needed. iii. Designated buffer zones must be posted with clearly marked signs around the perimeter. These markings shall be maintained until nesting is completed or terminated, the chicks fledge, or piping plovers or winter migrants depart. iv. No construction activities or stockpiling of equipment shall be allowed within the buffer area. v. FWC-approved travel corridors should be designated and marked outside the buffer areas. Heavy equipment, other vehicles, or pedestrians may transit past nesting areas in these corridors. However, other activities, such as stopping or t 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-00I-JC Page 18 of21 turning, shall be prohibited within the designated travel corridors adjacent to the nesting site. vi. Where such a travel corridor must be established within the project area it should avoid critical areas for shorebirds (known nesting sites, wintering grounds, FWC- designated Critical Wildlife Areas, and USFWS-designated critical piping plover habitat) as much as possible, and be marked with signs clearly delineating the travel corridor from the shorebird buffer areas described above. vii. To the degree possible, the permittee should maintain some activity within these corridors on a daily basis, without directly disturbing any shorebirds documented on site or interfering with sea turtle nesting, especially when those corridors are established prior to commencement of construction. Passive methods to modify nesting site suitability must be approved by the FWC Wildlife Diversity Conservation Biologist for that region. c. Notification. If shorebird nesting occurs within the project area, a bulletin board will be placed and maintained in the construction area with the location map of the construction site showing the bird nesting areas and a warning, clearly visible, stating that "BIRD NESTING AREAS ARE PROTECfED BY THE FLORIDA THREATENED AND ENDANGERED SPECmS ACT AND THE FEDERAL MIGRATORY BIRD ACf." d. Tilling. All tilling and scarp removal should be done outside the shorebird nesting season (February 1 through September I). Ifnecessary, contractors should contact the FWC Regional Wildlife Diversity Conservation Biologist at (561) 625-5133 to obtain data on known shorebird nesting areas. It is the responsibility of the contractors to avoid tilling or scarp removal in areas where nesting birds are present. 1. A relatively even surface, with no deep rots or furrows, shall be created during tilling. To do this, chain-linked fencing or other material shall be dragged over those areas as necessary after tilling. 11. The slope between the mean high water line and the mean low water line must be maintained in such a manner as to approximate natural slopes. e. If it will be necessary to extend construction pipes past a known shorebird nesting site or over-wintering area for piping plovers, then whenever possible, pipes should be placed landward of the site before birds are active in that area No sand shall be placed seaward of a known shorebird nesting site during the shorebird nesting season. 15. In order to ensure that manatees are not adversely affected by construction activities, the following conditions shall be followed in order to protect manatees: .... ~ii 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 19 of21 a The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-rCIated activities for the presence of manatee(s). b. The permittee shall advise all construction personnel that there are civil and criminal .penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. c. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secured, and are regularly monitored to avoid manatee entrapment. Barriers must not block manatee entry to or exist from essential habitat. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. e. Hmanatee(s) are seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure protection of the manatee. These precautions shall include the operation of all moving equipment no closer than 50 feet of a manatee. Operation of any equipment closer than 50 feet to a manatee shall necessitate immediate shutdown of that. equipment. Activities will not reswne until the manatee(s) has departed the project area of its own volition. f Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jackso:Q.ville (1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) in south Florida. g. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads Caution: Manatee Area will be posted in a location promiriently visible to water related construction crews. A second sign should be posted ifvessels are associated with the construction, and should be placed visible to the vessel operator. The second sign should be at least 8-112" by 11" which reads Caution: Manatee Habitat. Idle speed is required if operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1- 10M Joint Coastal Permit Collier County Beach Nourishment Project Permit No. 0222355-001-JC Page 20 of21 888-404-FWCC. The U.S. Fish and Wildlife Service should also be contacted in Jacksonville (l-904-131-2580)for north Florida or in Vero Beach (1-561-562-3909) for south Florida. 16. Water Quality - Turbidity - Nephelometric Turbidity Units (NTUs) Frequency: Twice daily at least 4 hours apart during all disposal operations. Location: Background: At mid-depth, at least 300 meters upcurrent from the dredge discharge point and clearly outside the influence of any turbidity generated by the project. Samples shall be coUected at the surface and mid-depth. Compliance: no more than 150 meters down current from the point where return water from the dredge discharge enters waters of the State, within the densest portion of any visible turbidity plume. Samples shall be collected at the surface and mid-depth. All monitoring data shall be submitted within one week of analysis with documents containing the following information: (1) "Permit Number 022235S-001-JC, CoUier County Beaeh Nourishment Project"; (2) dates of sampling and analysis; (3) a statement describing the methods used in collection, handling, storage and analysis of the samples; (4) a map indicating the sampling locations; (5) a statement by the individual responsible for implementation of the sampling program concerning the authenticity, precision, limits of detection and accuracy of the data Monitoring reports shall also include the following information for each sample that is taken: (a) time of day samples taken; (b) depth of water body; (c) depth of sample; (d) antecedent weather conditions; ( e) tidal stage and direction of flow; and (f) wind direction and velocity. The compliance locations given above shall be considered the limits of the temporary mixing zone for turbidity allowed during construction. If monitoring reveals turbidity levels at the compliance site greater than or equal to 29 NTIJs above background turbidity levels at the corresponding background site, construction activities shall cease immediately and not resume until corrective measures have been taken and turbidity has returned to acceptable levels. Any such occurrence shall also be immediately reported to DEP's Bureau of Beaches and Coastal Systems (JCP Compliance Officer), Phone: (850) 487-4471, and the DEP South District office in 2295 Victoria Ave, Suite #364, Ft. Myers, Florida 33901-3881, Phone: (239) 332-'6975. ~ 1 OM Joint Coastal Permit Collier County Beach Nourishment Project Permit No.. 0222355-00 I-JC Page 21 of21 Monitoring reports shall be submitted to the Bureau of Beaches and Coastal Systems in Tallahassee and to the DEP South District office. Failure to submit reports in a timely manner constitutes grounds for revocation of the permit. When submitting this infonnation to the DEP, please clearly include, at the top of each page or as a cover page to the submittal: "This information is provided in partial fulfillment of the monitoring requirements in Permit No. 0222355-001-JC, Collier County Beaeh Nourishment Project." Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION YJJJJ f-6. * Michael R. Barnett. P.E., Chief Bureau of Beaches and Coastal Systems FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. O~'" u..};;~#.A. J , Deputy Clerk I ~~/DS- Date 2L pages attached. EXlDBIT K-2 U.S. ARMY CORPS OF ENGINEERS PERMIT NO. 1994-3953 (IP-MN) (pENDING) AND USFWS BIOLOGICAL OPINION (pENDING) J 10M EXHIBIT K-3 EXTRACT FROM NATIONAL MARINE FISHERIES BIOLOGICAL OPINION DREDGING OF GULF OF MEXICO NAVIGATION CHANNELS AND SAND MINING (BORROW) AREAS USING HOPPER DREDGES BY COE JACKSONVILLE DISTRICT ~. 10M ION Biologieal Opinion Action Agency: United States Army Corps of Engineers (COE) Activity: Dredging of Gulf of Mexico Navigation Channels and Sand Mining (Borrow) Areas Using Hopper Dredges by COE Galveston, New Orleans, Mobile, and Jacksonville Districts (Consultation Number F/SERJ2000/01287) Consulting Agency: National Oceanic and Atmospheric Administration, National Marine Fisheries Service, Southeast Regional Office, Protected Resources Division, St. Petersburg, Florida 9.0 Reasonable and Prudent Measures Regulations (50 CFR 402.02) implementing section 7 of the ESA define reasonable and prudent measures as actions the Director believes necessary or appropriate to minimize the impacts, i.e., amount or extent, of incidental take. The reasonable and prudent measures that NOAA Fisheries believes are necessary to minimize the impacts of hopper dredging in the Gulf of Mexico have been discussed with the COE and include use of temporal dredging windows, intake and overflow screening, use of sea turtle deflector dragheads, observer and reporting requirements, and sea turtle relocation trawling. The following reasonable and prudent measures and associated terms and conditions are established to implement these measures, and to document incidental takes. Only incidental takes that occur while these measures are in full implementation are authorized. These restrictions remain valid until reinitiation and conclusion of any subsequent section 7 consultation. Seasonal Dredging Windows, Observer Requirements, Deflector Dragheads, and Relocation Trawlingl Experience has shown that injuries sustained by sea turtles entrained in the hopper dredge dragheads are usually fatal. Current regional opinions for hopper dredging require seasonal dredging windows and observer monitoring requirements, deflector dragheads, and conditions and guidelines for relocation trawling, which NOAA Fisheries' believes are necessary to minimize effects of these removals on listed sea turtle species that occur in inshore and nearshore Gulf and South Atlantic waters. Temperature- and date-based dredging windows: I The COE Wilmington District's sidecast dredges FRY, MERRlIT, and SCHWEIZER, and split- hull hopper dredge CURRlTUCK, are exempt from the above hopper dredging requirements (operating windows, deflectors, screening, observers, reporting requirements, etc.). Their small size and operating characteristics including small drag head sizes [2-ft by 2-ft, to 2-ft by 3-ft), small draghead openings [5-in by 5-in to 5 in by 8 in], small suction intake pipe diameters [10-14 in], and limited draghead suction [350-400 hp]) have been previously determined by NOAA Fisheries to not adversely affect listed species (March 9, 1999, ESA consultation with CaE Wilmington District, incorporated herein by reference). The aforementioned vessels and commercial hopper and sidecast dredges of the same or lesser sizes and operating characteristics working in the Gulf of Mexico would be considered similarly exempt by NOAA Fisheries' SERa after consultation with SERO. .. . J." (; M . U-4. Both the Mobile and Jacksonville Districts expressed comments opposing NOAA Fisheries' imposition of seasonal dredging windows in their respective Gulf of Mexico dredging areas. In their November 28, 2000, BA on their Florida west coast hopper dredging activities, the Jacksonville District indicated that sea turtles are present year-round in the Gulf, so windows would only be of limited effectiveness. In their October 30, 2002, comments to NOAA Fisheries, the Mobile District noted it did not want to be restricted to seasonal hopper dredging windows, indicating that these would potentially seriously and detrimentally impact its ability to complete its operations and maintain Federa] navigation projects due to "no excess of large dredges of the type required to perform maintenance of most Federa] projects" and other reasons related to dredging industry capacity, downsizing, "]oss of production" associated with the deflector draghead, and safety concerns. Sea turtles generally move inshore with warming waters and offshore with cooling waters. In East Coast channels, Dickerson et al. (I995) found reduced sea turtle abundance with water temperatures less than 160C. They found that 1,008 trawls conducted at or below 160C captured 22 turtles (4.4 per cent), while 1,791 trawls conducted above 160C resulted in 473 (95.6 percent) captures. Dickerson et al. also found that sea turtles tend to avoid water temperatures less than 150C; however, hopper dredging Kings Bay, Georgia between March 1-12, 1997 with surface water temperatures of 57-580F (I3.9-14.40C) resulted in 11 turtle takes in nine days (NMFS 1997). More recently, the Savannah District COE (COE 2003) reported that the average surface temperature at which recent hopper dredge turtle takes have occurred in Brunswick is 57.70F (14.30C) and that "there are scattered takes at lower temperatures than turtles would normally be expected to occur" but that "These lower temperatures may not have played a significant role in those takes." The lowest temperature at which multiple takes have occurred in Brunswick in 2003 is 570F (13.90C). Recognizing the relationship between water temperature and sea turtle presence and based on work by the NOAA Fisheries' Galveston Laboratory (Renaud et at. 1994, 1995) funded by the COE, NOAA Fisheries wrote in its September 22, 1995 RBO to the Ga]veston and New Orleans Districts that sea turtles might be taken by hopper dredges "in all ship channels in the northern Gu]f when temperatures exceed }2OC," and that "Lacking seasonal water temperature data, NMFS believes takes may occur from April through November northeast of Corpus Christi, Texas." Consequently, Term and Condition No.3 of the 1995 RBO required that observers be aboard hopper dredges year-round from Corpus Christi southwest to the Mexican border, but "Ifno turtle take is observed in December, then observer coverage can be terminated during January and February or until water temperatures again reach 120." It also required that "In channels northeast of Corpus Christi (except for MR-SWP), observers shall be aboard whenever surface water temperatures are 120C or greater, and/or between April I and November 30." NOAA Fisheries recently published a fmal rule (67 FR 71895, December 3, 2002) effective January 2, 2003, to reduce the impact of large-mesh gillnet fisheries on the Atlantic Coast on sea turtles. This rule was directed primarily at the monkfish fishery, which uses large-mesh gillnet gear and operates in the area when sea turtles are present. The rule reduces impacts on endangered and threatened species of sea turtles by closing portions of the Mid-Atlantic Exclusive Economic Zone (EEZ) waters to fishing with gillnets with a mesh size larger than 8-inch (20.3-cm) stretched mesh. The timing of the restrictions was based upon an analysis of sea surface temperatures for the above areas. Sea turtles are known to migrate into and through these waters when the sea surface temperature is 11 oC or greater (Epperly and Braun- McNeill 2002). The January 15 date for the re-opening of the areas north of Oregon In]et, North Carolina to the large-mesh gillnet fisheries was also based upon the 110C threshold and is consistent with the seasonal boundary established for the summer flounder fishery-sea turtle protection area (50 CFR 223.206(d)(2) (iii)(A)). In summary, NOAA Fisheries believes that the IIOC threshold established to I 10M ,r protect East Coast is reasonable and prudent to protect sea turtles in the Gulf of Mexico from hopper dredging operations. Temperature- and date-based dredging windows appear to have been very effective in reducing sea turtle entrainments, and observer requirements and monitoring including assessment and relocation trawling have provided valuable real-time estimates of sea turtle abundance, takes, and distribution which have been helpful to COE project planning efforts. Evidence that the windows and observer requirements are effective and valuable is that neither the Galveston or New Orleans District's hopper dredging projects have exceeded their anticipated incidental takes since their combined RBO was issued in ] 995; SAD has not exceeded its anticipated incidental take since its RBO was amended in 1997. NMFS-approved observers monitor dredged material inflow and overflow screening baskets on many projects; however, screening is only partially effective and observed, documented takes provide only partial estimates oftotal sea turtle and Gulf sturgeon mortality. NOAA Fisheries believes that some listed species taken by hopper dredges go undetected because body parts are forced through the sampling screens by the water pressure and are buried in the dredged material, or animals are crushed or killed but not entrained by the suction and so the takes may go unnoticed. The only mortalities that are documented are those where body parts either float, are large enough to be caught in the screens, and can be identified as from sea turtle or sturgeon species. However, this Opinion estimates that with 4-inch inflow screening in place, the observers probably detect and record at least 50% of total mortality. Relocation trawling has proved to be a useful conservation tool in most dredging projects where it has been implemented. The September 22, ] 995, REO included a Conservation Recommendation for relocation trawling which stated that "Relocation trawling in advance of an operating dredge in Texas and Louisiana channels should be considered if takes are documented early in a project that requires use of a hopper dredge during a period in which large number of sea turtles may occur." That RBO was amended by NOAA Fisheries SER (Amendment No. ], June 13, 2002), to change the Conservation Recommendation to a Term and Condition of the REO. Overall, it is NOAA Fisheries' opinion that the COE Districts choosing to implement relocation trawling have benefitted from their decisions. For example, in the Galveston District, Freeport Harbor Project (July 13-September 24, 2002), assessment and relocation trawling resulted in one loggerhead capture. In Sabine Pass (Sabine-Neches Waterway), assessment and relocation trawling in July-August 2002 resulted in five loggerhead and three Kemp's ridley captures. One turtle was killed by the dredge; this occurred while the relocation trawler was in port repairing its trawl net (P. Bargo, pers. comm. 2002). In the Jacksonville District, sea turtles have been relocated out of the path of hoppers dredges operating in Tampa Bay and Charlotte Harbor or their entrance channels. During 51. Petersburg Harbor and Entrance Channel dredging in the fall of 2000, a pre-dredging risk assessment trawl survey resulted in capture, tagging, and relocation of two adult loggerheads and one subadult green turtle. In February 2002 during the Jacksonville District's Canaveral Channel emergency hopper dredging project for the Navy, two trawlers working around the clock captured and relocated 69 loggerhead and green turtles in seven days, and no turtles were entrained by the hopper dredge. In the Wilmington District's Bogue Banks Project in North Carolina, two trawlers successfully relocated five turtles in ]5 days between March 13 and 27, 2003; one turtle was taken by the dredge. Most recently, Aransas Pass relocation trawling associated with hopper dredging resulted in 71 turtles captured and released (with three recaptures) in three months of dredging and relocation trawling. Five turtles were killed by the dredge. This Opinion authorizes the per-fiscal-year non-lethal non-injurious take (minor skin abrasions resulting from trawl capture are considered non-injurious), external flipper-tagging, and taking oftissue samples of 300 sea turtles and eight Gu]f sturgeon in association with all relocation trawling conducted by the COE throughout the Gulf of Mexico. This take shall not be broken down by District but rather is a Gulf-wide take limit This take is limited to relocation trawling conducted during the 0-3 days immediately 10M preceding the start of hopper dredging (as a means to determine/reduce the initial abundance of sea turtles in the area and determine if additional trawling efforts are needed); and during actual hopper dredging. Relocation trawling performed to reduce endangered specieslhopper dredge interactions is subject to the requirements detailed in the terms and conditions of this Opinion. NOAA Fisheries estimates that 0-2 turtles and 0-1 Gulf sturgeon will be killed or injured annually pursuant to annual relocation trawling in the Gulf of Mexico. Lethal or injurious takes which result from relocation trawling (including capturing, handling, weighing, measuring, tagging, holding, and releasing) are limited to one sea turtle and one Gulf sturgeon per District per fiscal year and will be subtracted from (counted against) the authorized, anticipated take levels discussed previously for hopper dredging. For example: a Kemp's ridley injury or lethal take during a COE District's relocation trawling effort shall be counted as a documented take against that District's fiscal year anticipated take level ("quota") for that species. NOAA Fisheries shall be immediately notified of any mortalities or injuries sustained by protected species during relocation/assessment trawling. Deflector Dragheads V-shaped, sea turtle deflector dragheads prevent an unquantifiable yet significant number of sea turtles from being entrained and killed in hopper dredges each year. Without them, turtle takes during hopper dredging operations would unquestionably be higher. Draghead tests conducted in May-June 1993 by the COE's Waterways Experiment Station in clear water conditions on the sea floor off Fort Pierce, Florida, with 300 mock turtles placed in rows, showed convincingly that the newly-developed WES deflector draghead "performed exceedingly well at deflecting the mock turtles." Thirty-seven of 39 mock turtles encountered were deflected, two turtles were not deflected, and none were damaged. As well, "the deflector draghead provided better production rates than the unmodified California draghead, and the deflector draghead was easier to operate and maneuver than the unmodified California flat-front draghead. The V -shape reduced forces encountered by the draghead, and resulted in smoother operation (WES, Sea Turtle Project Progress Report, June 1993)." V-shaped deflecting dragheads are now a widely accepted conservation tool, the dredging industry is familiar with them and their operation, and they are used by all COE Districts conducting hopper dredge operations where turtles may be present, with the exception of the Mobile District. In Gulf of Mexico coastal waters, evidence indicates that turtles are present year-round, further arguing for year-round deflector draghead use by all COE Districts of the Gulf of Mexico. Recent comprehensive NOAA Fisheries' Southeast Fishery Science Center (SEFSC) review and analyses (unpublished data., December 2002: Environmental Assessment/Regulatory Impact Review of Technical Changes to the Turtle Excluder Device (TED) Regulations to Enhance Turtle Protection in the Southeastern United States) of seasonal sea turtle distribution and strandings throughout the Gulf of Mexico (including coastal waters dredged by the Mobile District) noted that "Aerial surveys and observer data have indicated the presence of turtles in areas where strandings data are sparse" and "Turtles were in all areas at all times." (September 13, 2002, e-mail, Epperly to Hawk). NOAA Fisheries' SEFSC's sea turtle team leader Epperly also recommended against hopper dredges operating in those same areas "without monitoring, relocation, and specialized gear (i.e., deflectors) on the dragheads." It wasn't until late-summer 2002 that the Mobile District started requiring observers and screening on its hopper dredges. REMSA recently completed ten days of 24-hr relocation trawling/dredged material monitoring for the Mobile District during ten days of emergency maintenance hopper dredging of the Mobile Bay ship channel (July 10-20, 2003). No sea turtle specimens or parts of specimens were observed during the ten days by either the relocation trawler observers or the shipboard dredge observers. Dredging is currently conducted in the Mobile District with onboard observers and 4-inch inflow screening but without deflector dragheads (Ladner, pers. comm. to Hawk, November 26, 2002). Mobile 1 OAf District, in written comments dated October 30, 2002, on a draft version of the present Opinion, noted that "The District recognizes the benefits of deflector dragheads to conservation of the species in areas where sea turtle takes occur. However, dragheads reduce dredging efficiency and result in dredges being onsite for a longer period of time. Consequently, the District finds no overriding need to utilize deflectors until it is proven, through use of screens and observers, that the Mobile District actually takes sea turtles during normal operations." Habitat Protection Buffers COE Jacksonville District biologists expressed concern (Yvonne Haberer, email to Eric Hawk, April 2003; Terri Jordan, pers. comm. August 11,2003) over a NOAA Fisheries' draft version of the current Opinion proposed requirement of a 200-m buffer zone around hardgrounds in the vicinity of COE- proposed sand mining areas off Florida. In discussions over the Pinellas County Shore Protection Project, the COE noted that NOAA Fisheries has previously required only a 200-ft zone around hardgrounds adjacent to COE sand mining operations in the Gulf of Mexico. NOAA Fisheries' Protected Resources Division consulted with NOAA Fisheries Habitat Conservation Division, which stated that as a general rule, buffer zones should not be less than 400 feet to protect essential fish habitat. In its response to the COE, which included a request for additional information (Eric Hawk em ail to Yvonne Haberer, May 14, 2003), NOAA Fisheries' Protected Resources Division concluded that a 200-ft buffer was inadequate and that a 200-meter buffer zone is appropriate to protect sea turtles which may be foraging on or around hardgrounds adjacent to mining sites from hopper dredge entrainment. NOAA Fisheries noted that hopper dredge vessels are large (typically 300-400 ft long); limited in their ability to maneuver; and given other variable factors such as wind, tide, weather, sea state, currents, operator fatigue, operator error, and instrument error, a 200-ft margin of safety around hardgrounds was inadequate to protect NOAA Fisheries trust resources and sea turtles which could be expected to frequent hardgrounds and their vicinity. Subsequently, however, conversations with hopper dredge industry officials and dredge operators have led NOAA Fisheries to conclude that based on advances in hopper dredge construction, including the use of highly maneuverable Z-drives (on some dredges), enhanced station-keeping ability, and industry-standard navigation practices and technologies including routine use of differential global positioning systems (DGPS), dredge operators will be able to routinely and safely maintain desired safe distances from hardgrounds that are marked on their charts (E. Hawk, August 14 and 18, 2003, pers. comms. with R. Richardson, Manson Dredging; Mark Sickles, Dredge Contractors of America; and W. Murcheson, NATCO Dredging). NOAA Fisheries has determined that 400 feet is an adequate, reasonable buffer zone that should be maintained around hardgrounds, to protect endangered living resources-i.e., sea turtles that may be foraging in their vicinity-and 400 feet also provides the additional benefit of protecting hardgrounds from some of the probable adverse effects of sedimentation from the dredged material plume. Summary NOAA Fisheries has carefully reviewed and fully considered these and all other comments received from the affected COE Districts; however, in summary, after review of WES studies, SEFSC survey data, and based on past experience, NOAA Fisheries believes that seasonal dredging windows, deflector dragheads, observer and screening requirements, and relocation trawling have proved convincingly over the last decade to be an excellent combination of reasonable and prudent measures for minimizing the number and impact of sea turtle takes, enabling NOAA Fisheries to assess the quantity of turtles being taken, and allowing the affected COE Districts (Wilmington, Charleston, Savannah, Jacksonville, New Orleans, and Galveston) to meet their essential dredging requirements to keep Federal navigation channels open. There are increased costs associated with observers and relocation trawling (current estimates are $3,500- $5,000/day for 24 hours of relocation trawling, $150-$200/day for a hopper dredge endangered species 10M observer); delays sometimes occur, particularly when two turtles are taken in 24 hours, or when clay-like materials clog the inflow screening boxes; and dredging projects may take longer to complete. However, overall, NOAA Fisheries believes that loss of production associated with the deflector draghead is insignificant, while saving significant numbers of sea turtles from almost-certain death by dismemberment in suction dragheads; increased production costs, including costs of observers and relocation trawlers, pale in comparison to overall project costs; and NOAA Fisheries' experience over the past decade with the COE's SAD Districts and the GulfofMexico's Galveston and New Orleans Districts has shown that Federal hopper dredging projects get completed in a timely fashion. Also, allowable overdredging by the COE reduces to some degree the need for frequent maintenance dredging, and the conservation measures required by the biological opinions in place result in significantly reduced dredge interactions with sea turtles-interactions which usually prove fatal. NOAA Fisheries considers that PIT tagging, external flipper tagging, and tissue sampling of turtles captured pursuant to relocation trawling, including genetic analysis of tissue samples taken from dredge- and trawl-captured turtles, will provide benefits to the species by providing data which will enable NOAA Fisheries to make determinations on what sea turtle stocks are being impacted, and how that may change over time as the population growth rates change among the different stocks (Sheryan Epperly, pers. corom. to Eric Hawk). NOAA Fisheries estimates that 150-300 sea turtle tissue samples will be taken annually in the Gulf of Mexico during COE dredging and relocation trawling operations. Depending on the species, a few years of collection will provide sufficient sample size to assess stock composition (Peter Dutton, pers. comm. to Eric Hawk). Samples will continue to be collected and archived, until a follow-up analysis can be done two to three years after that if it is deemed necessary. NOAA Fisheries estimates that genetic analysis of tissue samples, including labor, costs about $100-150 per sample (Peter Dutton, pers. comm. to Eric Hawk); thus, the cost of analysis of 300 samples will be between $30,000 and $45,000. NOAA Fisheries believes that, minimally, the COE should provide $10,000 to help defray the cost of analysis of the first 300 samples taken. COE funds should be provided to NOAA Fisheries' Southwest Fisheries Center's Dr. Peter Dutton, preferably in a lump-sum, one-time payment as a part of a Memorandum of Understanding (MOU) do be developed between Dr. Dutton and the COE's combined Gulf of Mexico Districts (similar to the current MOU nearing completion between the COE's South Atlantic Division and the Southwest Fisheries Science Center for hopper dredging/relocation trawling conducted by the South Atlantic Divisions four Atlantic Districts). After the initial financial contribution by the COE, NOAA Fisheries would continue to archive and store samples gathered by the COE but the COE's responsibility would be limited to taking the samples and shipping them to NOAA Fisheries' Southwest Fisheries Science Center. Incorporation of this funding requirement as a reasonable and prudent measure oftms Opinion will result in the gathering of knowledge that is expected to reduce the effect of the takes expected from Gulf of Mexico dredging projects. The dredging windows set forth in the terms and conditions of the 1995 Gulf of Mexico hopper dredging RBO, while very strongly encouraged by NOAA Fisheries for previously stated reasons, were ultimately discretionary activities by the COE and could be deviated from by the SAD or the Galveston or New Orleans Districts when they deemed essential or necessary after consultation with NOAA Fisheries, though this was infrequent. This flexibility is also stipulated in the Proposed Action section of the present Opinion which applies to all four COE Districts. Terms and conditions of the present Opinion remain largely the same, with the following significant exceptions: A) The allowable window for hopper dredging has been extended to include the Mobile and Jacksonville Districts so that the December-March window is now Gulf-wide, from the Texas-Mexico border to Key West channels; 10,. lOAf B) Previous temperature requirements of Term and Condition No.3 of the 1995 RBO (Le., "If no turtle take is observed during December, observer coverage can be terminated during January and February or until water temperatures again reach 120C; In channels northeast of Corpus Christi, Texas [except for Southwest Pass as discussed below], observers shall be aboard whenever surface water temperatures are 120 or greater, and/or between April I and November 30.") have been modified downward to II oc based on new sea turtle distribution information which indicates that sea turtles are more tolerant of cold than was previously thought. The discussion of temperature/sea turtle distribution supporting this change is incorporated herein by reference to the Monkfish Biological Opinion (dated April 14,2003, prepared by NOAA Fisheries Northeast Region). C) The September 22, 1995, RBO included a Conservation Recommendation for relocation trawling which stated that "Relocation trawling in advance of an operating dredge in Texas and Louisiana channels should be considered if takes are documented early in a project that requires use of a hopper dredge during a period in which large number of sea turtles may occur." That RBO was amended by NOAA Fisheries SER (Amendment No. I, June 13, 2002), to change the Conservation Recommendation to a Term and Condition of the RBO. Term and Condition No. 10 of the amended RBO specified conditions under which relocation trawling "should be considered" and subject to what precautions it should be carried out, and authorized unlimited non-lethal, non-injurious take of sea turtles and Gulf sturgeon in association with relocation trawling deemed necessary the by COE. This amount of discretion has since been determined to be inappropriate for a non-discretionary term and condition of an ITS. Thus, the present Opinion's requirement for relocation trawling is more non-discretionary than as written in Amendment No. I in that it requires the use of relocation trawlers under specific conditions as a way to minimize turtle interactions, rather than only requiring that it be "considered" by the COE. D) In the present Opinion, the COE Districts are authorized to request waivers from the relocation trawling requirement (which may be delivered and responded to by both agencies via electronic mail) for projects where the COE Districts do not feel relocation trawling is feasible, necessary or warranted. E) The Districts are required to fund the cost of tissue sampling and genetic analyses of tissue samples from turtles taken during projects in their respective Districts. The following terms and conditions implement the reasonable and prudent measures discussed above: Terms and Conditions 1. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico-Texas border to Key West, Florida up to one mile into rivers shall be completed, whenever possible, between December I and March 31, when sea turtle abundance is lowest throughout Gulf coastal waters. Hopper dredging of Key West channels is covered by the existing August 25, 1995, RBO to the COE's SAD. The COE shall discuss with NOAA Fisheries why a particular project cannot be done within the December I-March 31 "window." 2. Non-hopper-type Dredging: Pipeline or hydraulic dredges, because they are not known to take turtles, must be used whenever possible between April I and November 30 in Gulf of Mexico waters up to one mile into rivers. This should be considered particularly in channels such as those associated with Galveston Bay and Mississippi River - Gulf Outlet (MR-GO), where lethal takes of endangered Kemp's ridleys have been documented during summer months, and Aransas Pass, where large numbers of loggerheads may be found during summer months. In the MR-GO, incidental takes and sightings of threatened loggerhead sea turtles have historically been highest during April and October. ...~. 1 OM IV 3. Annual Reports: The annual summary report, discussed below (#9), must give a complete explanation of why alternative dredges (dredges other than hopper dredges) were not used for maintenance dredging of channels between April and November. 4. Observers: The COE shall arrange for NOAA Fisheries-approved observers to be aboard the hopper dredges to monitor the hopper spoil, screening, and dragheads for sea turtles and Gulf sturgeon and their remains. a. Brazos Santiago Pass east to Key West., Florida: Observer coverage sufficient for 100% monitoring (i.e., two observers) of hopper dredging operations is required aboard the hopper dredges year-round from Brazos Santiago Pass to (not including) Key West, Florida between April 1 and November 30, and whenever surface water temperatures are 11 oc or greater. b. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring (i.e., one observer). c. Observers are not required at any time in Mississippi River - Southwest Pass (MR-SWP). 5. Operational Procedures: During periods in which hopper dredges are operating and NOAA Fisheries-approved observers are not required, (as delineated in 3. above), the appropriate COE District must: a. Advise inspectors, operators and vessel captains about the prohibitions on taking, hanning, or harassing sea turtles b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between the dredge site and offshore disposal area, and to immediately contact the COE if sea turtles or whales are seen in the vicinity. c. NotifY NOAA Fisheries if sea turtles are observed in the dredging area, to coordinate further precautions to avoid impacts to turtles. d. NotifY NOAA Fisheries immediately by phone (727/570-5312) or fax (727/570-5517) if a sea turtle or Gulf sturgeon is taken by the dredge. 6. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph, but 100% overflow screening is then required. NOAA Fisheries must be consulted prior to the reductions in screening and an explanation must be included in the dredging report. a Screen Size: The hopper's inflow screens should have 4-inch by 4-inch screening. If the COE, in consultation with observers and the draghead operator, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Clogging should be greatly reduced with these flexible options; however, further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening is mandatory. The COE shall notifY NOAA Fisheries beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. 1 OM b. Need for Flexible, Graduated Screens: NOAA Fisheries believes that this flexible, graduated- screen option is necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment. Additionally, there are increased risks to sea turtles in the water column when the inflow is halted to clear screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge the clay by applying suction. c. Exemption - MR-SWP: Screening is not required at any time in MR-SWP. 7. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the dragheads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations when the draghead frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the high spots the drag head is trimming off. 8. Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year except that the rigid deflector draghead is not required in MR-SWP at any time ofthe year. 9. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed to NOAA Fisheries' Southeast Regional Office (727-570-5517) by onboard endangered species observers within 24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed. A preliminary report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes must be submitted to NOAA Fisheries within 30 working days of completion of any dredging project. Reports shall contain information on project location (specific channel/area dredged), start-up and completion dates, cubic yards of material dredged, problems encountered, incidental takes and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent observer coverage, and any other information the COE deems relevant. An annual report (based on fiscal year) must be submitted to NOAA Fisheries summarizing hopper dredging projects and documented incidental takes. 10. Sea Turtle Strandings: The COE Project Manager or designated representative shall notify the Sea Turtle Stranding and Salvage Network (STSSN) state representative (contact information available at: http://www.sefsc.noaa.gov/seaturtleSTSSN.isp) of the start-up and completion of hopper dredging operations and bed-leveler dredging operations and ask to be notified of any sea turtle/sturgeon strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Information on any such strandings shall be reported in writing within 30 days of project end to NOAA Fisheries' Southeast Regional Office. Because of different possible explanations for, and subjectivity in the interpretation of potential causes ofstrandings, these strandings will not normally be counted against the COE's take limit; however, if compelling STSSN observer reports and evidence indicate that a turtle was killed by a hopper dredge or a bed-leveling type dredge, that take will be deducted from the ITS' anticipated take level for that COE District where the take occurred. 10M 11. Reporting - Strandings: Each COE District shall provide NOAA Fisheries' Southeast Regional Office with an annual report detailing incidents, with photographs when available, of stranded sea turtles and Gulf sturgeon that bear indications of draghead impingement or entrainment. This reporting requirement may be included in the end-of-year report required in Term and Condition No.9, above. 12. District Annual Relocation Trawling Report: Each COE District shall provide NOAA Fisheries' Southeast Regional Office with end-of-project reports within 30 days of completion of relocation trawling projects, and an annual report summarizing relocation trawling efforts and results within their District. The annual report requirement may be included in the end-of-year report required in Term and Condition No.9, above. 13. Conditions Requiring Relocation Trawling: Handling of sea turtles captured during relocation trawling in association with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas shall be conducted by NOAA Fisheries-approved endangered species observers and shall be undertaken by the COE ifillTI:' of the following conditions are met: a. Two or more turtles are taken in a 24-hour period in a project. b. Four or more turtles are taken in a project. c. 75% of a District's sea turtle species quota for a particular species has previously been met. 14. Relocation Trawling Waiver: For individual projects the affected COE District may request by letter to NOAA Fisheries a waiver of part or all of the relocation trawling requirements. NOAA Fisheries will consider these requests and decide favorably if the evidence is compelling. 15. Relocation Trawling - Annual Take Limits: This Opinion authorizes the annual (by fiscal year) take of 300 sea turtles (of one species or combination of species) and eight Gulf sturgeon by duly- permitted, NOAA Fisheries-approved observers in association with all relocation trawling conducted or contracted by the four Gulf of Mexico COE Districts to temporarily reduce or assess the abundance of these listed species during (and in the 0-3 days immediately preceding) a hopper dredging project in order to reduce the possibility of lethal hopper dredge interactions, subject to the following conditions: a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in - doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling During Trawling: Sea turtles and sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). Resuscitation guidelines are attached (Appendix IV). c. Captured Turtle Holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible, until they are released. d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including body depth) and tagged, and weighed when safely possible, prior to release; Gulf sturgeon shall be measured (fork length and total length) and-when safely possible- tagged, weighed, and a tissue sample taken prior to release. Any external tags shall be noted and ~~ 1 OM data recorded into the observers log. Only NOAA Fisheries-approved observers or observer candidates in training under the direct supervision of a NOAA Fisheries-approved observer shaH conduct the tagging/measuringlweighingltissue sampling operations. e. Take and Release Time During Trawling - Turtles: Turtles shaH be kept no longer than 12 hours prior to release and shaH be released not less than three nautical miles (nmi) from the dredge site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than five nmi away. If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling - Gulf Sturgeon: Gulf sturgeon shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable (not less than: 2 ft high by 2 ft wide by 8 ft long), well- aerated seawater holding tank where a maximum of one sturgeon may be held for not longer than Y2-hour until it may be released, or relocated away from the dredge site. g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the appropriate COE District's incidental take quota Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. h. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This Opinion serves as the permitting authority for any NOAA Fisheries-approved endangered species observer aboard these relocation trawlers to flipper-tag with external tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. i. Gulf Sturgeon Tagging: Tagging of live-captured Gulf sturgeon may also be done under the permitting authority of this Opinion; however, it may be done only by personnel with prior fish tagging experience or training, and is limited to external tagging only, unless the observer holds a valid sturgeon research permit (obtained pursuant to section 10 of the ESA, from the NOAA Fisheries' Office of Protected Resources, Permits Division) authorizing sampling, either as the permit holder, or as designated agent of the permit holder. j. PIT-Tag Scanning: All sea turtles captured by relocation trawling (or dredges) shall be thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125 and 134 kHz) and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Biomark or Avid). Turtles which scans show have been previously PIT tagged shall never-the-Iess be externaHy flipper tagged. The data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shaH be submitted in electronic format within 60 working days to Lisa.Belskis@noaa.gov. k. CMTTP: External flipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. 10M 1. Tissue sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissue-sampled prior to release, according to the protocols described in Appendix II or Appendix III of this Opinion. Tissue samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shaH be submitted in electronic format within 60 working days to Lisa.Be1skis@noaa.gov. This Opinion serves as the permitting authority for any NOAA Fisheries-approved endangered species observers aboard relocation trawlers or hopper dredges to tissue-sample live- or dead-captured sea turtles, without the need for a section 10 pennit. m. Cost Sharing olGenetic Analysis: The COE shaH provide a one-time payment of $10,000 to NOAA Fisheries to share the cost of NOAA-Fisheries' analysis of 300 tissue samples taken during COE hopper dredging/trawling operations in the Gulf of Mexico. This cost is currently estimated by NOAA Fisheries to be about $100-150 per sample, or $30,000-$45,000. COE funds shaH be provided to NOAA Fisheries' Southwest Fisheries Center's Dr. Peter Dutton as a part of a Memorandwn of Understanding (MOU) to be developed between Dr. Dutton and the COE's combined Gulf of Mexico Districts and Divisions within 6 months of the issuance of this Opinion. n. PIT Tagging: PIT tagging is not required or authorized for. and shall not be conducted by, ESOs who do not have 1) section 10 permits authorizing said activity and 2) prior training or experience in said activity; however, if the ESO has received prior training in PIT tagging procedures and is also authorized to conduct said activity by a section 10 permit, then the ESO must PIT tag the animal prior to release (in addition to the standard external flipper tagging). PIT tagging must then be performed in accordance with the protocol detailed at NOAA Fisheries' Southeast Science Center's webpage: http://www.sefsc.noaa.gov/seaturtlefisheriesobservers.jsp. (See Appendix C on SEe's "Fisheries Observers" webpage). PIT tags used must be sterile, individually wrapped tags to prevent disease transmission. PIT tags should be 125 kHz, glass- encapsulated tags - the smaHest ones made. Note: If scanning reveals a PIT tag and it was not difficult to find, then do not insert another PIT tag; simply record the tag number and location, and frequency, if known. If for some reason the tag is difficult to detect (e.g., tag is embedded deep in muscle, or is a 400 mHz tag), then insert one in the other shoulder. o. Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., PIT tagging, blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) performed on live sea turtles or live sturgeon are not permitted under this Opinion unless the observer holds a valid sea turtle or sturgeon research permit (obtained pursuant to section 10 of the ESA, from the NOAA Fisheries' Office of Protected Resources, Permits Division) authorizing the activity, either as the permit holder, or as designated agent of the permit holder. p. Handling Fibropapillomatose Turtles: Observers handling sea turtles infected with fibropapilloma tumors shall either: I) clean all equipment that comes in contact with the turtle (tagging equipment, tape measures, etc.) with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying fibropapiIloma tumors or lesions. Tissue/tumor samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis@noaa.gov. This Opinion serves as the permitting authority for aH NOAA Fisheries-approved endangered species observers aboard a l, . 10M relocation trawler or hopper dredge to tissue-sample fibropapilloma-infected sea turtles without the need for a section 10 permit. 16. Hardground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not occur within a minimum of 400 feet from any significant hardground areas or bottom structures that serve as attractants to sea turtles for foraging or shelter. NOAA Fisheries considers (for the purposes of this Opinion only) a significant hardground in a project area to be one that, over a horizontal distance of 150 feet, has an average elevation above the sand of 1.5 feet or greater, and has algae growing on it. The COE Districts shall ensure that sand mining sites within their Districts are adequately mapped to enable the dredge to stay at least 400 feet from these areas. If the COE is uncertain as to what constitutes significance, it shall consult with NOAA Fisheries' Habitat Conservation Division and NOAA Fisheries' Protected Resources Division for clarification and guidance. 17. Training - Personnel on Hopper Dredges: The respective COE Districts must ensure that all contracted personnel involved in operating hopper dredges (whether privately-funded or federally- funded projects) receive thorough training on measures of dredge operation that will minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish operating procedures that are consistent with those that have been used successfully during hopper dredging in other regions of the coastal United States, and which have proven effective in reducing turtle/dredge interactions. Therefore, COE Engineering Research and Development Center (ERDC, formerly Waterways Experiment Station, Vicksburg, Mississippi) experts or other persons with expertise in this matter shall be involved both in dredge operation training, and installation, adjustment, and monitoring of the rigid deflector draghead assembly. 18. From May 1 through October 31, sea turtle nesting and emergence season, all lighting aboard hopper dredges and hopper dredge pumpout barges operating within three nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or OSHA requirements. All non-essential lighting on the dredge and pumpout barge shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches. 10.0 Conservation Recommendations Pursuant to section 7(a)( 1) of the ESA, the following conservation recommendations are made to assist the COE in contributing to the conservation of sea turtles and Gulf sturgeon by further reducing or eliminating adverse impacts that result from hopper dredging. 1. Channel Conditions and Seasonal Abundance Studies: Channel-specific studies should be undertaken to identity seasonal relative abundance of sea turtles and Gulf sturgeon within Gulf of Mexico channels. The December 1 through March 31 dredging window and associated observer requirements listed above may be adjusted (after consultation and authorization by NOAA Fisheries) on a channel-specific basis, if (a) the COE can provide sufficient scientific evidence that sea turtles and Gulf sturgeon are not present or that levels of abundance are extremely low during other months of the year, or (b) the COE can identifY seawater temperature regimes that ensure extremely low abundance of sea turtles or Gulf sturgeon in coastal waters, and can monitor water temperatures in a real-time manner. Surveys may indicate that some channels do not support significant turtle populations, and hopper dredging in these channels may be unrestricted on a year- round basis, as in the case of MR-SWP. To date, sea turtle deflector draghead efficiency has not reached the point where seasonal restrictions can be lifted. I l , 10M 2. Draghead Modifications and Bed Leveling Studies: The New Orleans, Galveston, Mobile, and Jacksonville Districts should supplement the efforts of SAD and WES to develop modifications to existing dredges to reduce or eliminate take of sea turtles, and develop methods to minimize sea turtle take during "cleanup" operations when the draghead maintains only intermittent contact with the bottom. Some method to level the "peaks and valleys" created by dredging would reduce the amount oftime dragheads are off the bottom. 3. Draghead Evaluation Studies and Protocol: Additional research, development, and improved performance is needed before the V -shaped rigid deflector draghead can replace seasonal restrictions as a method of reducing sea turtle captures during hopper dredging activities. Development of a more effective deflector draghead or other entrainment-deterring device (or combination of devices, including use of acoustic deterrents) could potentially reduce the need for sea turtle relocation or result in expansion of the winter dredging window. NOAA Fisheries should be consulted regarding the development of a protocol for draghead evaluation tests. NOAA Fisheries recommends that the COE's Galveston, New Orleans, Mobile, and Jacksonville Districts coordinate with ERDC, SAD, the Association of Dredge Contractors of America, and dredge operators (Manson, Bean-Stuyvesant, Great Lakes, Natco, etc.) regarding additional reasonable measures they may take to further reduce the likelihood of sea turtle and Gulf sturgeon takes. 4. Continuous Improvements in Monitoring and Detecting Takes: The COE should seek continuous improvements in detecting takes and should determine, through research and development, a better method for monitoring and estimating sea turtle and Gulf sturgeon takes by hopper dredge. Observation of overflow and inflow screening is only partially effective and provides only partial estimates of total sea turtle and Gulf sturgeon mortality. Overflow Screening: The COE should encourage dredging companies to develop or modify existing overflow screening methods on their company's dredge vessels for maximum effectiveness of screening and monitoring. Horizontal overflow screening is preferable to vertical overflow screening because NOAA Fisheries considers that horizontal overflow screening is significantly more effective at detecting evidence of protected species entrainment than vertical overflow screening. Preferential Consideration for Horizontal Overflow Screening: The COE should give preferential consideration to hopper dredges with horizontal overflow screening when awarding hopper dredging contracts for areas where new materials, large amounts of debris, or clay may be encountered, or have historically been encountered. Excessive inflow screen clogging may in some instances necessitate removal of inflow screening, at which point effective overflow screening becomes more important. 5. Section 10 Research Permits and Relocation Trawling: NOAA Fisheries recommends that the COE's Galveston, New Orleans, Mobile, and Jacksonville Districts, either singly or combined, apply to NOAA Fisheries for an ESA section 10 research permit to conduct endangered species research on species incidentally captured during relocation trawling. For example, satellite tagging of captured turtles could enable the COE Districts to gain important knowledge on sea turtle seasonal distribution and presence in navigation channels and sand mining sites and also, as mandated by section 7(a)(l) of the ESA, to utilize their authorities in furtherance of the purposes of the ESA by carrying out programs for the conservation of listed species. SERO shall assist the COE Districts with the permit application process. t \ , 10M 6. Draghead Improvements - Water Ports: NOAA Fisheries recommends that the COE's Gulf of Mexico Districts require or at least recommend to dredge operators that all dragheads on hopper dredges contracted by th e top of the dragheads to help prevent the dragheads from becoming plugged with sediments. When e COE for dredging projects be eventually outfitted with water ports located in th the dragheads become plugged with sediments, the dragheads are often raised off the bottom (by the dredge operator) with the suction pumps on in order to take in enough water to help clear clogs in the dragarm pipeline, which increases the likelihood that sea turtles in the vicinity of the draghead will be taken by the dredge. Water ports located in the top of the dragheads would relieve the necessity of raising the draghead off the bottom to perform such an action, and reduce the chance of incidental take of sea turtles. 7. Economic Incentives for No Turtle Takes: The COE should consider devising and implementing some method of significant economic incentives to hopper dredge operators such as financial reimbursement based on their satisfactory completion of dredging operations, or X number of cubic yards of material moved, or hours of dredging performed, without taking turtles. This may encourage dredging companies to research and develop 'turtle friendly' dredging methods; more effective, deflector dragheads; pre-deflectors; top-located water ports on dragarms, etc. 8. Sedimentation Limits to Protect Resources (Hardbottoms/Reefs): NOAA Fisheries recommends water column sediment load deposition rates of no more than 200 mg/cm2/day, averaged over a 7- day period, to protect coral reefs and hard bottom communities from dredging-associated turbidity impacts to listed species foraging habitat. 9. Boca Grande Pass - Conditions: If the COE's Jacksonville District decides to renew dredging permits for the Boca Grande Pass, NOAA Fisheries recommends that the District conduct or sponsor a Gulf sturgeon study, including gillnetting and tagging utilizing ultrasonic and radio transmitters, and mtDNA sampling, to help determine the genetic origins, relative and seasonal abundance, distribution and utilization of estuarine and marine habitat by Gulf sturgeon within Charlotte Harbor estuary and Charlotte Harbor Entrance Channel, and shall report to NOAA Fisheries biannually on the progress and final results of said study. 10. Relocation Trawling - Guidelines: Within 6 months of the issuance of this Opinion, the COE's Gulf of Mexico Districts, in coordination with COE's SAD, shall develop relocation trawling guidelines to ensure safe handling and standardized data gathering techniques for sea turtles and Gulf sturgeon by COE contractors, and forward copies to NOAA Fisheries' Protected Resources Division. 11. Sodium Vapor Lights on Offshore Equipment: On offshore equipment (Le., hopper dredges, pumpout barges) shielded low pressure sodium vapor lights are highly recommended for lights that cannot be eliminated. 11.0 Reinitiation OfCODsultation Requirements for Reinitiation of Consultation: Reinitiation of formal consultation is required if (a) the amount or extent of taking specified in the incidental take statement is exceeded, (b) new information reveals effects of the action that may affect listed species or critical habitat when designated in a manner or to an extent not previously considered, (c) the identified action is subsequently modified in a manner that causes an effect to listed species or critical habitat that was not considered in the Opinion, or (d) a new species is listed or critical habitat designated that may be affected by the identified action. 110M EXHIBIT L STANDARD DETAILS TPA#1953633.11 GC-CA-L-1 EXIllBIT M PLANS AND SPECIFICATIONS CONSTRUCTION PLANS SHEET INDEX I. CS-l: COVER SHEET 2. SC-l: SURVEY CONTROL SHEET 3. PV-l: PLAN VIEW (R22-R24) 4. PV -2: PLAN VIEW (R25-R27) 5. PV -3: PLAN VIEW (R28-R29) 6. PV -4: PLAN VIEW (R30-R32) 7. PV-5: PLAN VIEW (R33-R35) 8. PV-6: PLAN VIEW (R36-R38) 9. PV-7: PLAN VIEW (R42-R44) 10. PV-8: PLAN VIEW (R45-R47) 11. PV-9: PLAN VIEW (R48-R50) 12. PV-I0: PLAN VIEW (R51-R53) 13. PV-l1: PLAN VIEW (R54-R55) 14. PV-12: PLAN VIEW (R56-R58) 15. PV-13: PLAN VIEW (R59-R60) 16. PV-14: PLAN VIEW (R61-R63) 17. PV-15: PLAN VIEW (R64-R67) 18. PV-16: PLAN VIEW (R67-R70) 19. PV-17: PLAN VIEW (R71-R74) 20. PV-18: PLAN VIEW (R75-R77) 21. PV-19: PLAN VIEW (R78-R80) 22. PR-l: FILL CROSS SECTIONS (TYP.) 23. BA-l: BORROW AREA Tl BATHYMETRIC SURVEY 24. BA-2: BORROW AREA Tl ISOPACH SURVEY 25. BA-3: BORROW AREA Tl CROSS SECTIONS 26. PL-l: DREDGE PIPELINE CORRIDORS 27. PL-2: PIPELINE CORRIDOR PI 28. PL-3: PIPELINE CORRIDOR P2 29. PL-4: PIPELINE CORRIDOR P3 30. 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