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CAC Agenda 05/08/2014 Coastal Advisory Committee Agenda May 8 , 2014 COASTAL ADVISORY COMMITTEE(CAC) THURSDAY, MAY 8, 2014-1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR,COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES • Sunshine Law on Agenda Questions • 2014 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI.Approval of CAC Minutes 1. April 10, 2014 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. Election of Chairman and Vice Chairman 2. Current Industry Trends Relating to Beach Renourishment 3. Marco North Beach -Conceptual Study Report 4. Doctors Pass Jetty/ ECS-Selection Recommendation 5. Naples Beach Renourishment Contractor Selection Recommendation * RFP 14-6256 ** Final Ranking 6. Summer Schedule 7.Tropical Storm Project * Naples Beach * Marco Island 8. Marco Island Central Beach Re-Grade/Marco Sand Mining IX. Old Business X.Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location June 12, 2014 Government Center, 3rd Floor XIII.Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at(239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. OFFICE OF THE COUNTY ATTORNEY MEMORANDUM TO: Anthony P. Pires,Jr., Esq., Chairman Coastal Advisory Committee Clam Bay Subcommittee FROM: Colleen M. Greene, Assistant County Attorne elli - DATE: March 18, 2010 RE: Sunshine Law and Agenda question The issue presented is whether the Sunshine Law requires that an agenda be made available prior to board meetings. In summary,the answer is no. The Sunshine Law Manual(2009 Ed. Vol. 31)provides the following: The Attorney General's Office recommends publication of an agenda, if available, in the notice of the meeting;. if an agenda is not available, subject matter summations might be used. However, the courts have held that the Sunshine Law does not mandate that an agency provide notice of each item to be discussed via a published agenda. Such a specific requirement has been rejected because it could effectively preclude access to meetings by members of the general public who wish to bring specific issues before a governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And see Yarbrough v. Young, 462 So. 2d 515 (Fla. 1st DCA 1985) (posted agenda unnecessary; public body not required to postpone meeting due to inaccurate press report which was not part of the public body's official notice efforts). Thus, the Sunshine Law has been interpreted to require notice of meetings, not of the individual items which may be considered at that meeting. However, other statutes, codes or ordinances may impose such a requirement and agencies subject to those provisions must follow them. Accordingly, the Sunshine Law does not require boards to consider only those matters on a published agenda. "[W]hether to impose a requirement that restricts every relevant commission or board from considering matters not on an agenda is a policy decision to be made by the legislature." Law and Information Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996). Today's Coastal Advisory Committee Clam Bay Subcommittee was properly noticed in compliance with the Sunshine Law on or about February 1, 2010. Further, the agenda for today's meeting was also publically noticed on the County's website on Monday, March 15, 2010. The related back-up materials for the agenda were supplemented and available on the County's website on Wednesday, March 17, 2010. In addition, a number of these materials also appeared on the agenda for the Coastal Advisory Committee meeting on Thursday, March 11, 2010. In my opinion, there is no violation of the Sunshine Law and no legal issue regarding the date the agenda was published. cc: Gary McAlpin, Director, Coastal Zone Management Cotter County Gro Management Division Planning & Regulation Natural Resources MEMORANDUM TO: CAC Board Members FROM: Gail Hambright, Accountant DATE: December 10, 2013 SUBJECT: 2014 CAC Scheduled Meetings Please mark your calendar for the following 2013 CAC scheduled meeting dates: January 9, 2014 February 13, 2014 March 13, 2014 April 10,2014 May 8, 2014 June 12,2014 July 10, 2014 August 14, 2014 September 11, 2014 October 9,2014 November 13, 2014 December 11, 2014 All meetings will be held in the Board of County Commissioner's chambers,third floor,Collier County Government Center, 3299 Tamiami Trail East, Naples,unless otherwise noted. A public notice will be sent out before each meeting. .4» Naples FL S4104 239-232-2.963 FAX 2A-252-295U ; CAC May 8,2014 VI-1 New Business 1 of 9 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, April 10, 2014 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3Id Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Jim Burke Robert Raymond Joseph A. Moreland Victor Rios Nick Penniman Debbie Roddy Robert Brown Ian Butler ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Dr. Michael Bauer, City of Naples CAC May 8,2014 VI-1 New Business 2 of 9 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Sorey called the meeting to order at 1:00PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. Rios moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 9—0. V. Public Comments None VI. Approval of CAC Minutes 1. February 24,2014 Mr. Rios moved to approve the minutes of the February 24, 2014 meeting as submitted. Second by Mr. Burke. Carried unanimously 9—0. VII. Staff Reports 1. Expanded Revenue Report The Committee reviewed the"FY14 TDC Revenue Report"updated through March 31, 2014. VIII. New Business 1. Beach Renourishment BCC Workshop Presentation Mr. McAlpin presented the Slideshow "Beach Renourishment Workshop—4/1/2014"and provided an overview of the Workshop held by the Board of County Commissioners on April 1, 2014. 2. 10 Year Capital Planning Review Mr. McAlpin presented the "TDC Beach Renourishment Capital Fund(195) 195 Fund Projections Preliminary for FY 15"for information purposes noting the document is intended to be used for financial planning purposes. 3. FY 14/2015 CAC Grant Applications Backup Material (Pages 1-75) Backup Material (Pages 75-151) Mr. McAlpin presented the Executive Summary "Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, the City of Marco Island and Collier County for FY-2014/2015 in the amount of$5,653,971 authorize the CAC May 8,2014 VI-1 New Business 3 of 9 Chairman to sign grant agreements following County Attorney's approval, and make a finding that these expenditures will promote tourism" dated April 10, 2014 for consideration. He provided the following Grant Requests for consideration: 1.Re gulatory and Permit Compliance Sea Turtle Protection Program—Collier County- $160,000 Speaker Bob Krasowski requested a requirement be added to the"list of responsibilities" for Staff to report any violations of permit conditions to the Florida Department of Environmental Protection (FDEP) and the Florida Fish and Wildlife Conservation Commission. Mr. McAlpin noted violations are reported to Staff who is required to address the issue. Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$160,000.00 for the Sea Turtle Protection Program and hereby finds the item promotes tourism. Second by Mr. Burke. Carried unanimously 9—0. Beach Tilling—Collier County-80171 - $40,000 Mr. Penniman moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$40,000.00 for Beach Tilling—Collier County and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9— 0. Physical Beach Monitoring—(Vanderbilt, Clam Pass, Beach, Park Shore, Naples and Marco South) 90536 - $200,000 Mr. Penniman moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$200,000 for Physical Beach Monitoring—(Vanderbilt, Clam Pass,Beach,Park Shore,Naples and Marco South) and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. The Committee requested the monitoring results be made available on the Coastal Zone Management website. Physical Pass Monitoring(Wiggins, Clam, Doctors) 90536 - $70,000 Mr. McAlpin reported the work assists in determining the dredging schedule for the Pass. Mr. Burke moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$70,000.00 for Physical Pass Monitoring(Wiggins, Clam, Doctors) and hereby finds the item promotes tourism. Second by Mr.Moreland. Carried unanimously 9—0. Biological Monitoring(Vanderbilt, Clam Pass Beach, Park Shore,Naples and Marco South) - $150,000 Mr. Brown moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$150,000.00 for Biological Monitoring(Vanderbilt, Clam Pass CAC May 8,2014 VI-1 New Business 4 of 9 Beach,Park Shore,Naples and Marco South) and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. Shorebird Monitoring(Vanderbilt, Clam Pass Beach, Park Shore,Naples and Marco South) - $10,000 Mr. McAlpin reported the work will be completed by the Conservancy of Southwest Florida. Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$10,000.00 for Shorebird Monitoring (Vanderbilt, Clam Pass Beach,Park Shore,Naples and Marco South) and hereby finds the item promotes tourism. Second by Mr. Moreland. Carried unanimously 9—0. 2. P rojects Engineering— 15 Year Multi-Use Beach Renourishment Permit- $110,000 Mr. Burke moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$110,000.00 for Engineering—15 Year Multi-Use Beach Renourishment Permit and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. Engineer/NTP—Naples Beach Renourish (TS Debbie Plus) - $75,000 Mr. McAlpin reported the work will be completed under the existing FDEP permit. Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$75,000.00 for Engineer/NTP—Naples Beach Renourish (TS Debbie Plus) and hereby finds the item promotes tourism. Second by Mr. Burke. Carried unanimously 9—0. Construction-Naples Beach Renourish (TS Debbie Plus)- $2,425,000 Mr. McAlpin reported the work is expected to be completed after 11/1/14. Mr. Burke moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$2,425,000.00 for Construction-Naples Beach Renourish (TS Debbie Plus) and hereby finds the item promotes tourism. Second by Mr. Butler. Carried unanimously 9—0. Engineer/Permit—Doctors Pass South Jetty Rebuild&New Erosion Control Structure - $150,000 Mr. Moreland moved to recommend the Board of County Commissioners approve a Grant Request in the amount of $150,000.00 for Engineer/Permit—Doctors Pass South Jetty Rebuild&New Erosion Control Structure and hereby finds the item promotes tourism. Second by Mr. Burke. Carried unanimously 9—0. Engineer/NTP Marco South Renourishment(TS Debbie) - $75,000 Mr. Brown moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$75,000.00 for Engineer/NTP Marco South Renourishment CAC May 8,2014 VI-1 New Business 5 of 9 (TS Debbie) and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. Engineering/Permit/Modeling- Sand Mining North Marco Beach - $185,000 Mr. Brown moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$185,000.00 for Engineering/Permit/Modeling-Sand Mining North Marco Beach and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. 3.Be ach Maintenance Beach Maintenance—Collier County/Marco Island—90533 - $250,600 Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$250,600.00 for Beach Maintenance—Collier County/Marco Island and hereby finds the item promotes tourism. Second by Ms. Roddy. Carried unanimously 9—0. Naples Pier Annualized Repair&Maintenance—City of Naples (Category D funded by Fund 195) - 90096 - $692,449 Mr. McAlpin and Chairman Sorey reported: • The request has been made by the City of Naples for extensive repairs required to the Pier. • The concept is for the funds to be distributed as a"grant loan"with pay back required through grant requests over future years. • The Ordinance currently has a cap on the amount of funds that may be awarded in any one year and a grant approval of this format will require an amendment to the Ordinance governing the Tourist Development Tax. Speakers Amanda Townsend,Director,Public Services Division reported the County is aware that the format of the request will require and exception to, or Amendment of the Ordinance. David Lykins Community Services Department Director, City of Naples reported, in order to promote the safety of pelicans in the vicinity of the structure,the City has banned the use of treble hooks for those fishing on the Pier. Bob Krasowski supports the project and recommended the project incorporates the concept of re-purposing the existing materials intended to be removed from the structure. Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$692,449.00 for Naples Pier Annualized Repair& Maintenance—City of Naples(Category D funded by Fund 195)and hereby finds the item promotes tourism. Second by Mr. Raymond. Carried unanimously 9—0. Beach Maintenance—City of Naples—90527 - $160,922 Mr. Rios moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$160,922.00 for Beach Maintenance—City of Naples and CAC May 8,2014 VI-1 New Business 6 of 9 hereby finds the item promotes tourism. Second by Mr. Burke. Carried unanimously 9— 0. Vegetation Repairs/Exotic Removal—County Wide—90044 - $75,000 Mr. Brown moved to recommend the Board of County Commissioners approve a Grant Request in the amount of$75,000.00 for Vegetation Repairs/Exotic Removal—County Wide and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. 4.Adm inistration Mr. Rios moved to recommend the Board of County Commissioners approve the following Grant Requests and hereby finds the items promote tourism: Project Management and Administration-$520,000.00;Indirect Administration Cost- $90,000.00;Department Rent- $10,000.00;Division Fiscal Support- $60,000.00; Tax Collector-Fee's(2.5%) - $145,000.00. Second by Mr. Burke. Carried unanimously 9—0. 4. Selection Committee Recommendations 15 Year Multi Use Permit * Backup Material (Request for Proposal) * Backup Material (Ranking Shortlist) Mr. McAlpin presented the Executive Summary"Recommendation to approve the short list of design professionals pursuant to RFP No. 14-6228, "Collier County Beach Renourishment 15-year Permit, "and authorize staff to negotiate contracts with the top ranked firm for subsequent Board approval and make a finding that this item promotes tourism" dated April 10, 2014 for consideration. The request is for Staff to negotiate a contract with the highest ranked firm. Mr. Burke moved to recommend the Board of County Commissioners approve the short list of design professionals pursuant to RFP No. 14-6228, Collier County Beach Renourishment 15 year Permit, and authorize staff to negotiate contracts with the top ranked firm for subsequent Board approval and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. 5. Conceptual Study Results Sand Mining Marco Island Mr. McAlpin presented the "Conceptual Plans for Macro Island Beach Regrade. " He noted: • The work proposed is for regrading the area in question to prevent long term ponding of water on the beach. • The FDEP supports the concept. • The work will take place from markers R136 to R145 (approximately) and incorporates dune plantings to aid in protecting the shoreline. • It will take 6—9 months to obtain the necessary permits with construction lasting 2 —3 months. Speakers Nancy Richie,Environmental Specialist,City of Marco Island reported the City supports the project which may require an educational component for the residents on the value of CAC May 8,2014 VI-1 New Business 7 of 9 incorporating dune plantings into the project. The plantings provide storm protection to the shoreline, an aesthetic value to the beach and provide habitat for birds. Mr. Sorey moved to endorse the conceptual plan subject to the proposal being consistent with Board of County Commissioner's policy for dune planting and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 9—0. Mr. Penniman left the meeting at 3:00pm 6. CBI-Beach Benchmark Vegetation Line Proposal * Backup Material Mr. McAlpin presented the Executive Summary "Recommendation to approve a proposal from CB&I Coastal Planning&Engineering, Inc., dated April 8, 2014 to support the County with preparing a Beach Renourishment Baseline Map under Contract No. 13-6164 for time and material not to exceed$1,499 and make a finding that this expenditure promotes tourism" dated April 10, 2014 for consideration. Mr. Moreland moved to recommend the Board of County Commissioners approve a proposal from CB&I Coastal Planning&Engineering,Inc., dated April 8, 2014 to support the County with preparing a Beach Renourishment Baseline Map under Contract No. 13-6164 for time and material not to exceed$1,499.00 and hereby finds the expenditure promotes tourism. Second by Mr. Brown. Carried unanimously 8—0. 7. CB&I LGFR Information * Backup Material Mr. McAlpin presented the Executive Summary"Recommendation to approve a proposal from CB&I Coastal Planning&Engineering, Inc., dated March 21, 2014 to support FDEP FY 2014/15 Local Government Funding Request (LGFR) application and scope eligibility discussions and determination under Contact No. 13-6164,for time and material not to exceed$2,455, and make a finding that this expenditure promotes tourism" dated April 10, 2014 for consideration. Mr. Brown moved to recommend the Board of County Commissioners approve a proposal from CB&I Coastal Planning&Engineering,Inc., dated March 21, 2014 to support FDEP FY2014/15 Local Government Funding Request(LGFR) application and scope eligibility discussions and determination under Contact No. 13-6164 for time and material not to exceed$2,455.00 and hereby finds the expenditure promotes tourism. Second by Mr. Rios. Carried unanimously 8—0. 8. Program - Funding FEMA Reimbursement Mr. McAlpin presented the document "Program Funding—FEMA Reimbursement Potential" for information purposes. He provided an update on the status of the reimbursements noting the funds will be held in reserves and not released for use in projects until FEMA indicates in writing they are approved and the funds will be credited against any de-obligation of funds owed to them. CAC May 8,2014 VI-1 New Business 8 of 9 He reported FEMA has not made a decision on the County's appeal of the de-obligation of funds. 9. FDEP * Clam Pass/Seagate Beach Critical Erosion Designation Mr. McAlpin reported the Florida Department of Environmental Protection(FDEP)has designated the beach areas"critically eroded" qualifying them for the Department's cost sharing program. * Wiggins Pass Inlet Management Plan Mr. McAlpin reported the FDEP has requested the County submit an Inlet Management Plan for the Pass. * FY 14/2015 Cost Share Funding None IX. Old Business 1. RFP Update * Naples Beach Renourishment RFP Mr. McAlpin reported the Request for Proposal has been disseminated to the public with 2 consultant's responses under review. * Doctors Pass Jetty &Erosion Control Structure Mr.McAlpin reported the proposals have been disseminated to the public and Staff is awaiting responses from consultants. X. Announcements None XI. Committee Member Discussion Mr. Moreland reported the Estuary Conservation Commission would be willing to assist any parties (the County, etc.) in providing the results of the Wiggins Pass project to the representatives of any Florida Counties who showed interest in the project. XII. Next Meeting Date/Location May 8,2014—Government Center,Administration Bldg. F,3rd Floor There being no further business for the good of the County,the meeting was adjourned by order of the chair at 3:18P.M. Collier County Coastal Advisory Committee CAC May 8,2014 VI-1 New Business 9 of 9 John Sorey,III, Chairman These minutes approved by the Board/Committee on as presented or as amended . CAC May 8,2014 VIII-1 New Business 1 of 1 EXECUTIVE SUMMARY Election of Chairman and Vice-Chairman OBJECTIVE: Election of Chairman and Vice-Chairman. CONSIDERATIONS: Councilman Sorey has completed the one-year term as chairman. In accordance with ordinance No. 2001-03 at its earliest opportunity, the membership of the Committee shall elect a chairman and vice-chairman from among the members. Officers' terms shall be for a period of one (1) year, with eligibility for reelection. ADVISORY COMMITTEE RECOMMENDATIONS: N/A FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: N/A PREPARED BY: Gail Hambright, CZM CAC May 8,2014 VIII-5 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to approve the ranked list of design professionals pursuant to RFP No. 14-6256, "Naples Beach Renourishment," and authorize staff to negotiate a contract with the top ranked firm for subsequent Board approval, and make a finding that this item promotes tourism. OBJECTIVE: To obtain professional engineering services to renourish the Naples Beach. CONSIDERATIONS: Federal Emergency Management Agency (FEMA) has authorized renourishment of 3.56 miles (18,829 LF of beach, 105 feet wide) as a result of damages incurred from Tropical Storm Debbie (Disaster-4068 and PW-0679(0). To correct these damages and address other critical hot spots on the Naples and Park Shore beaches, staff solicited qualified firms capable of providing engineering services as required to obtain a Notice to Proceed (NTP) authorization from FDEP/USACE. A November 2014 renourishment is anticipated that utilizes the existing 10 year Joint Coastal Permit(JCP). This permit expires on 1/12/2015. The project will consist of a 52,452 cubic yard (CY) truck haul beach renourishment as authorized by FEMA within the City of Naples with additional hot spot repairs throughout Naples and the Park Shore areas. The expected quantity total for renourishment is not expected to exceed 60,000 CY's. A Request for Proposal (RFP) was solicited in order for the project's design to be in compliance with the applicable Consultants' Competitive Negotiations Act (CCNA)requirements. On March 14, 2014 RFP No. 14-6256, "Naples Beach Renourishment," was posted. One thousand two hundred and three (1,203) notices were sent out and fifty three (53) firms downloaded full document packages. Two (2) responsive proposals were received on April 4, 2014. On April 15, 2014, a selection committee short-listed the two (2) firms based on an evaluation of their technical proposals. The selection committee ranked the firms as shown below: Name of Firm Final Ranking Atkins North America, Inc. 1 CB&I Coastal Planning and Engineering 2 The top firm, Atkins North America, Inc. is sufficiently familiar with the scope of this project and is qualified with similar experience in Collier County. Staff recommends approval of the final ranking and requests authorization to commence contract negotiations, in compliance with the CCNA, with Atkins North America, Inc. for this work. If contract negotiations are not successful with Atkins North America, Inc., then staff is seeking authorization to commence contract negotiations with the second ranked proposer CB&I Coastal Planning and Engineering with the objective of bringing an acceptable negotiated contract back to the Board for approval. FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and approved, funding is available in Fund 195 Renourishment Reserves for this project. CAC May 8,2014 VIII-5 New Business 2 of 2 GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts as a result of this project at this time. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: That the Board of County Commissioners approves the ranked list of design professionals pursuant to RFP #14-6256, "Naples Beach Renourishment", authorize staff to negotiate a contract with the top ranked firm for subsequent Board approval, and make a finding that this item promotes tourism. Prepared by: J. Gary McAlpin, PE Coastal Zone Management Manager of the Natural Resources Department Attachments: (1) Request for Proposal; and (2) Final Ranking CAC May 8,2014 VIII-5*New Business 1 of 33 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. 7 r County Admmistrative Sevices Drvision Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 14-6256 — Naples Beach Renourishment Adam Northrup, Procurement Strategist (239)252-6098(Telephone) (239)252-6302(Fax) adamnorthrup @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. cP -kr!,x01Dooa-::e ,Z [as( 4..}Its 1,), i4ii2 49;'1 eww CCNA(Revision 01012014) CAC May 8,2014 VIII-5*New Business 2 of 33 Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 17 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 24 ATTACHMENT 2: CONSULTANT CHECK LIST 25 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 26 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 27 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 29 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 30 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 31 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 33 14-6256—Naples Beach Renourishment 2 CAC May 8,2014 VIII-5`New Business 3 of 33 CO _ County Adiniste Service Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Engineering services for a truck haul beach renourishment project within the City of Naples will be received until 3:00 PM, Naples local time, on 04/03/2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 14-6256—Naples Beach Renourishment Services to be provided may include, but not be limited to the following: Engineering services for a truck haul beach renourishment project within the City of Naples. ® A pre-proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on . 14-6256—Naples Beach Renourishment 3 CAC May 8,2014 VIII-5*New Business 4 of 33 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Coastal Zone Manaement Department(hereinafter, the"Division or Department"), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The Board of County Commissioners of Collier County is seeking qualified firms capable of providing engineering services as required to obtain a Notice to Proceed (NTP) authorization from FDEP/USACE to conduct a 52,452 cubic yard (CY) truck haul beach renourishment project within the City of Naples in the Fall 2014 utilizing the existing 10 year Joint Coastal Permit(JCP) for Collier County's beach renourishment program. The detailed scope of work may be expanded to also include portions of the Park Shore and Naples beaches where additional hot spot erosion has recently occurred. A decision on this additional work not covered in the FEMA PW authorization is expected to be made after the beach surveys are completed. Background Federal Emergency Management Agency (FEMA) has authorized this renourishment (3.56 miles, 18,829 LF of beach, 105 feet wide) as a result of damages incurred from TS Debbie (Disaster-4068 and PW-0679(0)). Detailed Scope of Work Time is of the essence. Renourishment activities must begin on 11/1/2014 and be complete by 1/1/2015. The existing 10-year renourishment permit will expire on 1/12/2015. The awarded firm will provide the following. • Survey existing beach for actual beach conditions • Engineer the project consistent with FEMA's PW authorization • Make application for and obtain a FDEP NTP to accomplish this work • Develop the plans and Specifications to accomplish this work utilizing a truck haul renourishment • Estimate of Most Probable Costs • Bid Package generation 14-6256—Naples Beach Renourishment 4 CAC May 8,2014 VIII-5*New Business 5 of 33 • Evaluation and Recommendation of bidders • Coordinate as needed to complete this project. Term of Contract The contract term, if an award(s) is/are made is intended to be for current needs. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 03/14/2014 Last Date for Receipt of Written Questions 03/31/2014, 3:00PM Solicitation Deadline Date and Time 04/04/2014, 3:00PM Anticipated Evaluation of Submittals April 2014 Anticipated Completion of Contract Negotiations April 2014 Anticipated Board of County Commissioner's Contract May 2014 Approval Date Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. 14-6256—Naples Beach Renourishment 5 CAC May 8,2014 VIII-5*New Business 6 of 33 The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled,with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary In this tab, include: • Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. 2. Tab II, Business Plan (20 Points) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Firm Credentials and Experience (30 Points) In this tab, include: • Provide a"not to exceed"two page "Firm Credential and Experience" narrative that identifies and highlights the firms credentials and experience relative to JCP multi-year beach renourishment permitting, success and cost effectiveness. • Provide the resumes of key individual and qualifying experience relative to major beach renourishment JCP permitting that are available resources and assigned to this project. Include details of unique benefits that the firm offers on this project. • Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. 4. Tab IV, Discipline Experience and Specialized Expertise of Team Members (20 Points) In this tab, include: • Provide a list of projects that includes sufficient detailed description and outlines the firms experience in JCP multi-year beach renourishment permitting, success and cost effectiveness. Include start date, end date, original budget, final project cost and number of change orders. • Description of the proposed contract team and the role to be played by each member of the proposed team. 14-6256—Naples Beach Renourishment 6 CAC May 8,2014 VIII-5*New Business 7 of 33 • • Describe the various team members' successful experience in working with one another on previous projects. • Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5. Tab V, References—5 Completed and Returned (20 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Total Consultant Name Points Awarded Reference Score Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, 14-6256—Naples Beach Renourishment 7 CAC May 8,2014 VIII-5*New Business 8 of 33 contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Availability and Responsiveness (10 Points) Provide a "not to exceed"two page narrative that identifies demonstrated responsiveness to county needs and availability of resources. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration,depending on the extent of the exception(s). Such determination shal be at the sole discretion of the County and Selection Committee. 8. Tab VIII, Required Form Submittals • Attachment 2:C onsultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4:C onsultant Declaration Form' • Attachment 5: Immigration Affidavit and company's E-Verify profile page and memorandum of understanding • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: Licenses, Certifications, etc. 14-6256—Naples Beach Renourishment 8 CAC May 8,2014 VIII-5*New Business 9 of 33 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will recei.e oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals 14-6256—Naples Beach Renourishment 9 CAC May 8,2014 VIII-5*New Business 10 of 33 All proposals are to be delivered before 3:00PM, Naples local time, on or before 04/04/2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master," and 6 compact disks (CD's)with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3)firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposal or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. 14-6256—Naples Beach Renourishment 10 CAC May 8,2014 VIII-5*New Business 11 of 33 The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one(1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including,without limitation, additional information Collier County may request, interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publidy announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. 14-6256—Naples Beach Renourishment 11 CAC May 8,2014 VIII-5*New Business 12 of 33 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Business Plan 20 Points Tab III, Experience and Capacity of the Firm 30 Points Tab IV, Specialized Expertise of Team Members 20 Points Tab V, References 20 Points Tab VI, Availability and Responsiveness 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant(as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional,obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. 14-6256—Naples Beach Renourishment 12 CAC May 8,2014 VIII-5"New Business 13 of 33 Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer regulations. Risk of loss of any goods This offer is subject to cancellation by the sold hereunder shall transfer to the COUNTY without notice if not accepted by COUNTY at the time and place of VENDOR within fourteen (14) days of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the COUNTY nonetheless remain with 2. Acceptance and Confirmation VENDOR. This Purchase Order (including all b) No charges will be paid by the COUNTY documents attached to or referenced for packing, crating or cartage unless therein) constitutes the entire agreement otherwise specifically stated in this between the parties, unless otherwise Purchase Order. Unless otherwise specifically noted by the COUNTY on the provided in Purchase Order, no invoices face of this Purchase Order. Each delivery shall be issued nor payments made of goods and/or services received by the prior to delivery. Unless freight and COUNTY from VENDOR shall be deemed to other charges are itemized, any be upon the terms and conditions contained discount will be taken on the full amount in this Purchase Order. of invoice. c) All shipments of goods scheduled on the No additional terms may be added and same day via the same route must be Purchase Order may not be changed except consolidated. Each shipping container by written instrument executed by the must be consecutively numbered and COUNTY. VENDOR is deemed to be on marked to show this Purchase Order notice that the COUNTY objects to any number. The container and Purchase additional or different terms and conditions Order numbers must be indicated on bill contained in any acknowledgment, invoice of lading. Packing slips must show or other communication from VENDOR, Purchase Order number and must be notwithstanding the COUNTY'S acceptance included on each package of less than or payment for any delivery of goods and/or container load (LCL) shipments and/or services, or any similar act by VENDOR. with each car load of equipment. The COUNTY reserves the right to refuse or 3. Inspection return any shipment or equipment at All goods and/or services delivered VENDOR'S expense that is not marked hereunder shall be received subject to the with Purchase Order numbers. COUNTY'S inspection and approval and VENDOR agrees to declare to the payment therefore shall not constitute carrier the value of any shipment made acceptance. All payments are subject to under this Purchase Order and the full adjustment for shortage or rejection. All invoice value of such shipment. defective or nonconforming goods will be d) All invoices must contain the Purchase returned pursuant to VENDOR'S instruction Order number and any other specific at VENDOR'S expense. information as identified on the Purchase Order. Discounts of prompt To the extent that a purchase order requires payment will be computed from the date a series of performances by VENDOR, the of receipt of goods or from date of COUNTY prospectively reserves the right to receipt of invoices, whichever is later. cancel the entire remainder of the Purchase Payment will be made upon receipt of a Order if goods and/or services provided proper invoice and in compliance with early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise non-conforming or otherwise rejected by the known as the "Local Government COUNTY. Prompt Payment Act," and, pursuant to 4. Shipping and Invoices the Board of County Commissioners a) All goods are FOB destination and must Purchasing Policy. be suitably packed and prepared to secure the lowest transportation rates 5. Time Is Of the Essence and to comply with all carrier 14-6256—Naples Beach Renourishment 13 CAC May 8,2014 VIII-5*New Business 14 of 33 Time for delivery of goods or performance of the Occupational Health and Safety Act, the services under this Purchase Order is of the Federal Transportation Act and the Fair essence. Failure of VENDOR to meet Labor Standards Act, as well as any law or delivery schedules or deliver within a regulation noted on the face of the Purchase reasonable time, as interpreted by the Order. COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available 9. Advertising to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for further agrees that undiscovered delivery of goods and/or services, or appropriate or nonconforming goods and/or services is not make use of the COUNTY'S name or other a waiver of the COUNTY'S right to insist identifying marks or property without the upon further compliance with all prior written consent of the COUNTY'S specifications. Purchasing Department. 6. Changes 10. Indemnification The COUNTY may at any time and by VENDOR shall indemnify and hold harmless written notice make changes to drawings the COUNTY from any and all claims, and specifications, shipping instructions, including claims of negligence, costs and quantities and delivery schedules within the expenses, including but not limited to general scope of this Purchase Order. attorneys' fees, arising from, caused by or Should any such change increase or related to the injury or death of any person decrease the cost of, or the time required for (including but not limited to employees and performance of the Purchase Order, an agents of VENDOR in the performance of equitable adjustment in the price and/or their duties or otherwise), or damage to delivery schedule will be negotiated by the property (including property of the COUNTY COUNTY and VENDOR. Notwithstanding or other persons), which arise out of or are the foregoing, VENDOR has an affirmative incident to the goods and/or services to be obligation to give notice if the changes will provided hereunder. decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) 11. Warranty of Non-Infringement days from the date the change is ordered or VENDOR represents and warrants that all within such additional period of time as may goods sold or services performed under this be agreed upon by the parties. Purchase Order are: a) in compliance with applicable laws; b) do not infringe any 7. Warranties patent, trademark, copyright or trade secret; VENDOR expressly warrants that the goods and c)do not constitute unfair competition. and/or services covered by this Purchase Order will conform to the specifications, VENDOR shall indemnify and hold harmless drawings, samples or other descriptions the COUNTY from and against any and all furnished or specified by the COUNTY, and claims, including claims of negligence, costs will be of satisfactory material and quality and expense, including but not limited to production, free from defects and sufficient attorneys' fees, which arise from any claim, for the purpose intended. Goods shall be suit or proceeding alleging that the delivered free from any security interest or COUNTY'S use of the goods and/or other lien, encumbrance or claim of any third services provided under this Purchase Order party. These warranties shall survive are inconsistent with VENDOR'S inspection, acceptance, passage of title and representations and warranties in section 11 payment by the COUNTY. (a). 8. Statutory Conformity If any claim which arises from VENDOR'S Goods and services provided pursuant to breach of section 11 (a) has occurred, or is this Purchase Order, and their production likely to occur, VENDOR may, at the and transportation shall conform to all COUNTY'S option, procure for the COUNTY applicable laws, including but not limited to the right to continue using the goods or 14-6256—Naples Beach Renourishment 14 CAC May 8,2014 VIII-5'New Business 15 of 33 services, or replace or modify the goods or this Purchase Order, VENDOR shall services so that they become non-infringing, immediately give notice thereof, including all (without any material degradation in relevant information with respects to what performance, quality, functionality or steps VENDOR is taking to complete additional cost to the COUNTY). delivery of the goods and/or services to the COUNTY. 12. Insurance Requirements The VENDOR, at its sole expense, shall 15. Assignment provide commercial insurance of such type VENDOR may not assign this Purchase and with such terms and limits as may be Order, nor any money due or to become due reasonably associated with the Purchase without the prior written consent of the Order. Providing and maintaining adequate COUNTY. Any assignment made without insurance coverage is a material obligation such consent shall be deemed void. of the VENDOR. All insurance policies shall be executed through insurers authorized or 16. Taxes eligible to write policies in the State of Goods and services procured subject to this Florida. Purchase Order are exempt from Florida sales and use tax on real property, transient 13. Compliance with Laws rental property rented, tangible personal In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from federal, state, and local laws, rules, codes, federal excise tax. and ordinances that are applicable to the conduct of its business. By way of non- 17. Annual Appropriations exhaustive example, this shall include the The COUNTY'S performance and obligation American with Disabilities Act and all to pay under this Purchase Order shall be prohibitions against discrimination on the contingent upon an annual appropriation of basis of race, religion, sex creed, national funds. origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges 18. Termination and without exception or stipulation shall be This Purchase Order may be terminated at fully responsible for complying with the any time by the COUNTY upon 30 days provisions of the Immigration Reform and prior written notice to the VENDOR. This Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated 1324, et seq. and regulations relating immediately by the COUNTY for breach by thereto, as either may be amended. Failure VENDOR of the terms and conditions of this by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has laws referenced herein shall constitute a provided VENDOR with notice of such breach of the award agreement and the breach and VENDOR has failed to cure County shall have the discretion to within 10 days of receipt of such notice. unilaterally terminate said agreement immediately. Any breach of this provision 19. General may be regarded by the COUNTY as a a) This Purchase Order shall be governed material and substantial breach of the by the laws of the State of Florida. The contract arising from this Purchase Order. venue for any action brought to specifically enforce any of the terms and 14. Force Majeure conditions of this Purchase Order shall Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and responsible for any delay or failure in for Collier County, Florida performance resulting from any cause b) Failure of the COUNTY to act beyond their control, including, but without immediately in response to a breach of limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall and acts of nature. When VENDOR has not constitute a waiver of breach. knowledge of any actual or potential force Waiver of the COUNTY by any default majeure or other conditions which will delay by VENDOR hereunder shall not be or threatens to delay timely performance of 14-6256—Naples Beach Renourishment 15 CAC May 8,2014 VIII-5*New Business 16 of 33 deemed a waiver of any subsequent Expenses for Public Officers, employees default by VENDOR. and authorized persons. c) All notices under this Purchase Order e) In the event of any conflict between or shall be sent to the respective among the terms of any Contract addresses on the face page by certified Documents related to this Purchase mail, return receipt requested, by Order, the terms of the Contract overnight courier service, or by personal Documents shall take precedence over delivery and will be deemed effective the terms of the Purchase Order. To the upon receipt. Postage, delivery and extent any terms and /or conditions of other charges shall be paid by the this Purchase Order duplicate or overlap sender. A party may change its address the Terms and Conditions of the for notice by written notice complying Contract Documents, the provisions of with the requirements of this section. the Terms and/or Conditions that are d) The Vendor agrees to reimbursement of most favorable to the County and/or any travel expenses that may be provide the greatest protection to the associated with this Purchase Order in County shall govern. accordance with Florida Statute Chapter 112.061, Per Diem and Travel 14-6256—Naples Beach Renourishment 16 CAC May 8,2014 VIII-5*New Business Exhibit IV: Additional Terms and Conditions for RFP 17 of 33 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liabilty insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant 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 Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 14-6256—Naples Beach Renourishment 17 CAC May 8,2014 VIII-5*New Business 18 of 33 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County 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 County 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. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 75% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 7. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (induding specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 14-6256—Naples Beach Renourishment 18 CAC May 8,2014 VIII-5*New Business 19 of 33 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk( collierclerkcom. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers(i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "Iaches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 14-6256—Naples Beach Renourishment 19 CAC May 8,2014 VIII-5`New Business Invoices shall not reflect sales tax. After review and approval, the invoice will lo eftoansmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 9. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239) 252-2477. 11. Survivability Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of the original Solicitation 14-6256 — Naples Beach Renourishment will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Purchase Order. 12. Principals/Collusion 14-6256—Naples Beach Renourishment 20 CAC May 8,2014 VIII-5*New Business By submission of this Proposal the undersigned, as Consultant, does declare tfpatotle only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 13. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 14.Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to anotherfirm. 17.Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub- consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub- consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Protest Procedures 14-6256—Naples Beach Renourishment 21 CAC May 8,2014 VIII-5*New Business Any actual or prospective Consultant to a Request for Proposal, who is aggrieveilowtth respect to the former, shall file a written protest with the Procurement Director prior to the due date for acceptance of proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2)calendar days (excluding weekends and County 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 and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant 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 following the date of being placed on the convicted Consultant list. 20. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. 21. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 22. Prohibition of Gifts to County Employees 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, the current Collier County Ethics Ordinance 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. 14-6256—Naples Beach Renourishment 22 CAC May 8,2014 VIII-5*New Business 23. Immigration Law Affidavit Certification 23 of 33 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's/Consultant's proposal may be deemed non-responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the"Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14-6256—Naples Beach Renourishment 23 CAC May 8,2014 VIII-5`New Business 24 of 33 Co ler County Administative Seivices Division Put haling Attachment 1: Consultant's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 14-6256—Naples Beach Renourishment for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable(too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date 14-6256—Naples Beach Renourishment 24 CAC May 8,2014 VIII-5*New Business 25 of 33 Cotter County Aciffinistrative Services Division °€rtfiasin Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ❑ The mailing envebpe has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Adam Northrup CCNA Solicitation: 14-6256— Naples Beach Renourishment ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: late 14-6256—Naples Beach Renourishment 25 CAC May 8,2014 VIII-5"New Business 26 of 33 co `ter' Co t fi i mnstratve Servis Dmsion Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below,the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in wilting the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of 20 by ,who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires 14-6256—Naples Beach Renourishment 26 CAC May 8,2014 VIII-5*New Business 27 of 33 'ler County Administrative Services Dvision Purchasinfc Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 14-6256— Naples Beach Renourishment Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200_in the County of ,in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR # or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: 14-6256—Naples Beach Renourishment 27 CAC May 8,2014 VIII-5*New Business Additional Contact Information 28 of 33 Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: 14-6256—Naples Beach Renourishment 28 CAC May 8,2014 VIII-5*New Business 29 of 33 Cot;er County Mrivnistrave Services Dission 1u°chax.ing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 14-6256—Naples Beach Renourishment This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP) submittals. Further, Consultants/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verifv program may deem the Consultant/Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant's/Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 14-6256—Naples Beach Renourishment 29 CAC May 8,2014 VIII-5`New Business 30 of 33 Collier County AdMeNStatOa Si rl+. '3 i on umh=aU,4 Attachment 6: Consultant Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual/Sole Proprietor Corporation Partnership _Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number 14-6256—Naples Beach Renourishment 30 CAC May 8,2014 VIII-5*New Business 31 of 33 Co• o l " County A fnistrve Service Division Pur chasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ['Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate 14-6256—Naples Beach Renourishment 31 CAC May 8,2014 VIII-5*New Business 32 of 33 ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders'surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as"ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liabifty where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency Agent Name Telephone Number Cltler County , t ve Services DMsian Aid aNtIcA 14-6256—Naples Beach Renourishment 32 CAC May 8,2014 VIII-5"New Business Attachment 8: Reference Questionnaire 33 of 33 Solicitation: 14-6256—Naples Beach Renourishment Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10,with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored"0." Project Description: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents,final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By 14-6256—Naples Beach Renourishment 33 a) cO E R >) a = R f 0` E J & \\ \ & co 0.1 L. > N a- 0 0 o q o _ E -d / / 0 2 § m 2 E 0.) U 2 § a— / / C) 's is2 RI 0 71; U a c ® — � \ CD u cu 2 / N — # 0_ 2 \ / k ƒ 2 m 4 C'''' ,44. , ® � 2 - / 48' i f � / 2 G E • CL f m - o \ / \ / § _ \ \ o E / o •= c q ƒ / / / u _ = 2 q § E ) D ) 2 2 E. / / \ ) eq / ® o a 4 a q c 0 \ ) « 0 pT a_ � 3 a f o § ) I CO / = z Ce P Q 4 E < CAC May 8,2014 VIII-6 New Business 1 of 1 EXECUTIVE SUMMARY Determine summer schedule for CAC meetings OBJECTIVE: To determine summer schedule for CAC Meetings. CONSIDERATIONS: In the past the CAC took into account the summer schedule of County and City boards. The following schedules are listed to provide information to help determine scheduling for the CAC: 1. The Board of County Commissioners will have only one meeting in July scheduled for July 8, 2014 and will not reconvene until September 9, 2014. 2. The City of Naples will meet in June scheduled for June 11, 2014 and will not reconvene until August 18, 2014. 3. The City of Marco will only have two meeting in June scheduled for June 2nd and 16th of 2014 and will reconvene to their regular scheduled meeting on July 21, 2014. 4. The TDC are currently meeting every month. They have not finalized their summer meeting schedule at this time. Per previous year's scheduling of the above mentioned boards, the CAC did not meet in July of 2008, 2009, 2010, 2011, 2012 and 2013. COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this item. FISCAL IMPACT: N/A GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Discuss and determine summer schedule. Prepared by: Gail Hambright, CZM CAC May 8,2014 VIII-8 New Business 1 of 12 Collier County Marco Island Central Beach Re-grade Prepared for: Collier County Growth Management Division Coastal Zone Management 2800 Horseshoe Drive Naples, FL 34104 Prepared By Humiston & Moore Engineers April 2014 ty t HUMISTON&MOORE ENGINEERS y COASTAL ENGINEERING DESIGN AND PERMITTING 4 i '- ,2 1?ectorm Beaches ac aturalCoa iai Ststenis" � CAC May 8,2014 VIII-8 New Business 2 of 12 Introduction: This report has been prepared in accordance with Collier County Purchase Order #45-149739 under Contract No. 09-5262-S2 and County Project No. 195-80166. Problem: The central beach of Marco Island located south of the connection of Sand Dollar Island to the mainland just south of Tigertail Beach is excessively wide. While this condition may be highly desired along many coastal areas, the wide flat beach in this area is between 500 and 1200 feet wide. This region has a tendency to pond during heavy rains and overwash conditions creating a situation conducive to algae growth resulting in a hard- panned area reducing the sustainability of the region as suitable sea turtle habitat. In addition, following the drying of ponding water, the recreational use of this area becomes diminished, and residual unsightly algae growth creates a potential health concern. Laser grading of the beach has been conducted in the past resulting in minimal change and the beach slope flattened as evidenced in the survey provided in the attached plans. Approach: The scope of this study includes the development of a conceptual plan for an updated beach profile design for the section of beach between the approximate locations of DEP reference monuments R-135 and R-142. The updated beach profile design creates a wider transitional berm area seaward of the upland vegetated dune region with a seaward slope to Mean High Water. The sand for the transitional berm area will be dredged from the nearshore region along the seaward portion of the upland beach profile down to approximately Mean Lower Low Water. Below is a table summarizing the change in the dry beach and vegetation at each reference monument. This includes the proposed dry beach width, loss of dry beach as a consequence of the re-grading, the approximate associated volume of sand to be moved in the vicinity of each monument, and the proposed slope at the MHWL. Also shown in the table is the proposed width of the new vegetation and the associated gain in width of the dune vegetation. MARCO ISLAND RE-GRADE EXISTING VS PROPOSED CONDITIONS MONUMENT PROPOSED LOSS OF CUT FILL PROPOSED PROPOSED GAIN IN ID BEACH WIDTH DRY BEACH VOLUME VOLUME SLOPE VEG WIDTH VEG WIDTH (FT) (FT) (Cr (Cr AT MHW (FT) (FT) R-136 1042 -231 -16,173.6 16,011.3 1 V 120H 200 156 R-136.5 666 -193 -20,702.8 18,560.3 1 V:90H 100 46 R-137 526 -169 -16,575.9 14,878.1 1 V.80H 100 53 R-137.5 469 -140 -14,224.0 11,678.6 1V:70H 100 51 T-138 467 -95 -12,007.6 11,759.8 1 V:70H 100 55 R-139 547 -63 -10,482.2 13,920.9 1V:60H 100 100 R-140 333 -32 -5,977.0 9,590.3 1 V:60H 78 8 R-140.5 230 -73 -8,656.3 6,650.0 1 V 40H 78 78 R-141 440 -63 -6,567.5 6,914.2 1 V:40H 50 50 R-141.5 423 -38 -4,817.8 3,996.6 1 V:40H 50 50 R-142 446 -4 -1,4240 2,510.4 1V40H 50 50 TOTAL: -117,608.7 116,470.6 Page 1 of 4 CAC May 8,2014 VIII-8 New Business 3 of 12 The end result will be a slightly narrower dry beach width at the completion of the grading. The extent of the dredging, grading and berm width will diminish from north to south. The beach width will be reduced by approximately 230 feet at the north end of the project to 50 feet at the south end of the project. This will provide residents and the public decreased travel distance from the building(s) and parking area(s), particularly along Tigertail Beach. The landward portion of the transitional berm will be planted with sea oats for stabilization and will remain relatively low to avoid disruption of views of the beach and water from the upland. These plantings, along with pathways and walkovers, have traditionally provided enhanced dune stabilization throughout the state, most recently noted during hurricane Sandy, and increased the size of the habitat for land dwelling species. The plantings shown on the attached plans for Residents Beach, Marco Marriot, and Madeira Condominium are shown in draft form only as the details will need to be coordinated with the prospective entities. State Agency Review: The conceptual approach to this problem was discussed with Dr. Robbin Trindell, Biological Administrator III, with the Imperiled Species Management Section of the Florida Fish and Wildlife Conservation Commission (FWC). Dr. Trindell was supportive of the concept and approach for the improved sustainability of sea turtle nesting habitat. She will want to be involved early in the permitting process to review specifics of the design and provide input. The design concept was also discussed with Robert Brantly, P.E., Program Administrator of the Engineering, Hydrology & Geology Program at the state Department of Environmental Protection (DEP). Mr. Brantly was also in support of the approach and confirmed that the permitting process would be through the Joint Coastal Permitting Program which coordinates directly with the U.S. Army Corps of Engineers and the federal resource agencies of Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration (NOAA). Conceptual Plan: Updated beach profile surveys were completed in March 2014 by Dagostino &Wood, Inc., a local surveying firm. H&M used this profile data to develop the preliminary conceptual design with input from county and City of Marco staff. The dredging (excavation) amounts to a total of approximately 120,000 cy. It is estimated that the construction, grading, and vegetation planting can be carried out under a budget of$1 M. Impacts: The positive results of the project will be improved sea turtle nesting habitat as well as increased dune vegetation habitat for local land dwelling species. An increased slope in the beach will allow for drainage thus reducing the amount of algae growth, and improve the storm protection from high frequency events and overwash. Removal of sand from the immediate nearshore area will be expected to have some localized effect on the adjacent shorelines. The extent of the adjustment of the adjacent beach areas will be a function of the amount of dredging involved. This is an area which should be modeled to project the shoreline response as part of the design. Considerably Page 2 of 4 CAC May 8,2014 VIII-8 New Business 4 of 12 less shoreline response would be expected at the south end of the project due to the lower amount of excavation at the south end. Lastly, there will be an aesthetics issue relative to the additional planting of vegetation on the transitional berm. While the vegetation provides improved stability and storm protection for the dune system, some may be concerned with the potential for impacts to line of sight to the beach and water. The limited height of the transitional berm area in conjunction with the limited planting of dune grasses toward the landward portion of the berm is anticipated to address this issue. These types of issues should be addressed and resolved locally before applications are filed with the state and federal agencies. Summary: The proposed conceptual plan represents a project which will help address the on-going problem experienced along the central beach area on Marco Island. Preliminary discussions with DEP indicate the project is "doable", providing the project has local support. Initial estimates place a budget of$1 M to carry out the design. Preliminary Conceptual Plans are attached for reference. Page 3 of 4 CAC May 8,2014 VIII-8 New Business 5 of 12 x V y n * w v Aiii; � y� : (,,� E ;,�G .rte. t, * „ , :_... . , . 4 .+ * ,,.. of , 40. ` �w� ,fir. 4' , ` koH it, 'S View of dune vegetation looking southeast from Monument R-137. a,• x•ac r,.,yYyer" „� - l Y View of beach looking southeast from Monument R-136. 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