CAC Agenda 06/12/2014 Coastal Advisory
Committee
Agenda
June 12 , 2014
Meeting Agenda and Notice
COASTAL ADVISORY COMMITTEE (CAC)
THURSDAY,JUNE 12,2014- 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. May 8, 2014
VII. Staff Reports
1. Expanded Revenue Report
VIII. New Business
1. Doctors Pass Jetty
* Backup Material - RFP
* Backup Material - Final Ranking
2. Marco Island Central Beach Re-grade
* Backup Material - Marco Report
* Backup Material - Proposal
3. Naples Beach Renourishment
* Backup Material -Contract
4. 2015/2016 LGFR Approval
* Backup Material - Proposal
IX. Old Business
X.Announcements
XI. Committee Member Discussion
XII. Next Meeting Date/Location
August 14, 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�Ll�1Cr�
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
Caber County
Growth Management Division
Planning & Regulation
Naturai 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
F iO4 23;) F.c<?A-252 29:5)
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VI-1 Approval of CAC Minutes
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MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL
ADVISORY COMMITTEE
Naples, Florida, May 8, 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", 3rd
Floor, Collier County Government Complex Naples, Florida with the following
members present:
CHAIRMAN: John Sorey, III
VICE CHAIRMAN: Jim Burke
Robert Raymond (Excused)
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
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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:OOM
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
III. Roll Call
Roll call was taken and a quorum was established.
Mr. Penniman moved to allow Mr. Rios appear by telephone due to an extenuating
circumstance. Second by Mr. Brown. Carried unanimously 6—0.
IV. Changes and Approval of Agenda
Mr. Brown moved to approve the Agenda. Second by Ms. Roddy. Carried unanimously 6—0.
V. Public Comments
None
VI. Approval of CAC Minutes
1. April 10,2014
Mr. Moreland moved to approve the minutes of the April 10, 2014 meeting as submitted.
Second by Mr. Butler. Carried unanimously 6—0.
VII. Staff Reports
1. Expanded Revenue Report September 2013
The Committee reviewed the"FY14 TDC Revenue Report"updated through April 30, 2014.
VIII. New Business
1. Election of Chairman and Vice Chairman
Mr. McAlpin presented the Executive Summary "Election of Chairman and Vice-Chairman"
dated May 8, 2014 for consideration.
Mr. Sorey nominated Jim Burke as Chairman of the Coastal Advisory Committee.
Nominations were closed and Mr. Burke was declared Chairman.
Mr. Sorey nominated Robert Raymond as Vice Chairman of the Coastal Advisory
Committee.
Nominations were closed and Mr. Raymond was declared Vice Chairman.
Mr. Sorey continued to Chair the meeting until Mr. Burke arrived at 1:24pm
2. Current Industry Trends Relating to Beach Renourishment
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Mr. McAlpin presented the report"Collier County Current Industry Trends Relating to Beach
Nourishment" prepared by Humiston &Moore Engineers dated April 2014 for information
purposes.
Under Committee discussion it was noted:
• Current budgets do not incorporate the use of FDEP Cost Sharing Funds, however the
County is currently eligible for re-imbursement of$2M of funds.
• The County intends to utilize inland sand sources for renourishment when appropriate
as the current off shore sources located in Toms Hill off Sanibel Island and the Cape
Romano Shoals source located off Marco Island are more expensive to utilize. The
Stewart Mine in Immokalee has a sand supply estimated at 20 years.
Mr. Burke arrived at 1:24pm and assumed the Chair.
3. Marco North Beach - Conceptual Study Report
Mr. McAlpin presented the report"Collier County Marco Island Central Beach Re-grade"
prepared by Humiston &Moore Engineers dated April 2014 for information purposes. He
reported:
• He met with officials from the City of Marco Island who are in strong support of the
project.
• The overall scope of the project includes at least 2 private beach areas whose owners
understand the need for the project.
• Any areas to be renourished at public expense, including private beach areas,will
require dune plantings as approved by the County upon final design of the project.
• The owners of any private beach may opt out of the "dune planting"requirement and
have the work completed at their expense. In this case, the County will oversee the
work to ensure it conforms to the plans and specifications of the project.
• Any private property owner who foregoes the work will have a"break point Swale"
between the areas renourished at public expense and the private beach area.
• The County is not concerned a"break point" will comprise the project as the areas in
question are a significant distance from the ocean and there is no threat to degradation
of these areas due to normal wind/tidal activity.
• He will continue to work with the City of Marco Island officials and private property
owners to ensure the success of the project and provide an update at a future meeting.
4. Doctors Pass Jetty/ECS- Selection Recommendation
Mr. McAlpin reported the Request for Proposals have been received by the County and a
recommendation for a contract will be brought forth at a future meeting.
5. Naples Beach Renourishment Contractor Selection Recommendation
* RFP 14-6256
** Final Ranking
Mr. McAlpin presented the 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"dated May 8, 2014 for consideration. He
reported:
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• Atkins of North America has been identified as the top ranked firm for the scope of
work.
• The work will occur on the City of Naples beaches with approval to place
approximately 52k cubic yards of sand.
• A survey will be conducted of the area prior to the work to determine the exact amount
of sand to be placed, and if the quantity required exceeds 52k cubic yards, Board of
County Commission approval will be required to place the additional sand.
Speaker
Bob Krasowski queried on the location of the work.
Mr. McAlpin reported the area of work will take place from marker R-58 to R-79.
Mr. Sorey moved to recommend the Board of County Commissioners 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 hereby finds the tem promotes tourism. Second by Mr. Moreland. Carried
unanimously 7—0.
6. Summer Schedule
Mr. McAlpin presented the Executive Summary "Determine summer schedule for CAC
meetings"dated May 8, 2014 for consideration.
Mr. Sorey moved to cancel the Coastal Advisory Committee meeting scheduled for July,
2014 unless sufficient business warrants a meeting. Second by Mr. Brown. Carried
unanimously 7—0.
7. Tropical Storm Debbie Project
Mr. McAlpin presented the document "TS Debbie Beach Renourishment Project Management
Program"dated May 8, 2014 for information purposes. He reported the work is for the City of
Naples beaches and the Marco Island beaches. The Board of County Commissioners will have
a limited meeting schedule in the summer and Staff intends to coordinate with the County
Manager to ensure any necessary approvals for the work are granted.
8. Inlet Management Plan
Mr. McAlpin presented the document"Inlet Management Plan - 10 year Planning Horizon
Discussion" dated May 8, 2014 for information purposes.
The Committee requested Staff to place an item on a future Agenda for a report on the status
of Clam Pass, including appearance as necessary by Pelican Bay Services Division
representatives.
Mr. Rios joined the meeting at 1:55pm
9. Physical Monitoring of Wiggins Pass Inlet,the Doctors Pass Inlet, Caxambas Pass Inlet,
South Marco Beach
Mr. McAlpin presented the Executive Summary"Recommendation to approve the physical
monitoring of Wiggins Pass Inlet, Doctors Pass Inlet, Caxambas Pass Inlet and the physical
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monitoring of South Marco Beach by Atkins North American, Inc. under Contract No. 13-
6164-CN for a lump sum amount of$197,371, approve necessary budget amendment and make
a finding that this item promotes tourism dated May 8, 2014 for consideration. He reported:
• In order to provide and independent analysis on the success of County projects, the work
will be completed by a"third party."
• The monitoring occurs approximately 1 year after completion of the original work and will
determine the existing conditions of the Passes.
• It will take approximately 2 months to complete the work and the outcome will aid in
determining any appropriate actions necessary for remediation.
Mr. Brown moved to recommend the Board of County Commissioners to approve the
physical monitoring of Wiggins Pass Inlet,Doctors Pass Inlet, Caxambas Pass Inlet and the
physical monitoring of South Marco Beach by Atkins North American,Inc. under Contract
No. 13-6164-CNfor a lump sum amount of$197,371, approve necessary budget amendment
and hereby finds the item promotes tourism. Second by Mr. Rios. Carried unanimously 8—
0.
IX. Old Business
None
X. Announcements
None
XI. Committee Member Discussion
The Members recognized Mr. Sorey's long standing service as Chairman of the Committee.
XII. Next Meeting Date/Location
June 12,2014—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 2:31 P.M.
Collier County Coastal Advisory Committee
John Sorey,III, Chairman
These minutes approved by the Board/Committee on
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VI-1 Approval of CAC Minutes
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as presented or as amended
CAC June 12,2014
VII-1 Staff Reports
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COLLIER COUNTY TOURIST TAX REVENUE
FY 14 TDC Revenue Report
31-May-2014
FY 14 Adopted FY 14 YTD Var to FY 14 YTD
Description Fund Budget FY 14 Forecast Forecast FY 14 YTD Actual Forecast
Beach Facilities 183 693,700 763,094 603,970 670,472 66,502
TDC Promotion 184 5,440,200 5,984,219 4,736,359 5,257,874 521,515
Non-County Museums 193 369,200 406,097 321,416 356,806 35,391
TDC Admin 194 1,800,600 1,980,703 1,567,677 1,740,292 172,615
Beach Renourishment 195 5,706,000 6,276,602 4,967,772 5,514,768 546,996
Disaster Recovery 196 0 - 0 - 0
County Museums 198 1,489,000 1,637,856 1,135,365 1,439,059 303,693
Gross Budget $15,498,700 $17,048,570 $13,332,558 $14,979,271 $1,646,713
Less 5%Rev Res (774,900)
Net Budget 14,723,800
Collections
%Budget
Collected to %over FY 13 %over FY 12 %over FY 11
Month Actual FY 14 Cum YTD _ Date collections collections collections
Oct 574,901 574,901 3.7% -8.43% 9.44% 20.06%
Nov 876,087 1,450,988 9.4% 19.29% 26.66% 40.15%
Dec 1,056,505 2,507,493 16.2% 10.14% 14.25% 40.85%
Jan 1,520,239 4,027,732 26.0% 19.10% 25.79% 50.56%
Feb 2,551,510 6,579,242 42.5% 24.01% 33.79% 59.34%
Mar 2,782,632 9,361,874 60.4% 16.11% 19.65% 37.34%
Apr 3,721,589 13,083,463 84.4% 12.67% 33.50% 44.98%
May 1,895,808 14,979,271 96.6% 29.53% 31.87% 39.73%
June 14,979,271 96.6% n/a n/a n/a
July 14,979,271 96.6% n/a n/a n/a
Aug 14,979,271 96.6% n/a n/a n/a
Sept 14,979,271 96.6% n/a n/a n/a
Total 14,979,271 14,979,271 YTD 16.86% 26.85% 43.83%
10.0%
Bal to Collect 2,069,299 12.14%
6/9/201410:53 AM H:\Revenue Report\Monthly Gas,Sales,and TDC Receipts
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VII-1 Staff Reports
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COLLIER COUNTY TOURIST TAX REVENUE
FY 14 TDC Revenue Report
31-May-2014
Budget Comparison
5 Yr Collect 5 Yr Collect Budgeted Actual Budget to Actual Forecast
Month History-Cum History-Monthly Collections Collections $Variance Collections
Oct 3.5% 3.5% 548,712 574,901 26,189 603,583
Nov 8.2% 4.6% 717,469 876,087 158,618 789,217
Dec 14.2% 6.0% 930,912 1,056,505 125,593 1,024;002
Jan 22.4% 8.2% 1,269,166 1,520,239 251,073 1,396;084
Feb 35.1% 12.8% 1,978,765 2,551,510 572,745 2,176;639
Mar 50.6% 15.5% 2,400,701 2,782,632 381,931 2,640,773
Apr 69.3% 18.7% 2,898,005 3,721,589 823,584 3,187,811
May 79.1% 9.8% 1,523,102 1,895,808 372,706 1,675,410
June 85.4% 6.3% 970,266 0 n/a 1,067,289
July 90.3% 4.9% 756,037 0 n/a 831',641
Aug 95.5% 5.3% 814,545 0 n/a 895;999
Sept 100.0% 4.5% 691,020 0 n/a 760,122
Total 100.0% 100.0% 15,498,700 14,979,271 2,712,439 17,048,570
Tourist Tax Revenue Collection Curve
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EXECUTIVE SUMMARY
Recommendation to approve the ranked list of design professionals pursuant to RFP No.
14-6257, "Doctors Pass Jetty", authorize staff to negotiate a contract with the top ranked
firm for subsequent Board approval, and make a finding that this item promotes tourism
(Project No. 90029).
OBJECTIVE: To rebuild the Doctors Pass south jetty and mitigate beach erosion in the Doctors
Pass area.
CONSIDERATIONS: The Doctors Pass south jetty has deteriorated over time and requires
rebuilding to the original permit conditions to satisfy design intent and function. Additionally,
the beaches immediately south of Doctors Pass suffer from excessive beach erosion due to the
interruption of natural sand migration by Doctors Pass. Emergency beach renourishment has
been necessary in the past to temporarily stabilize this highly eroded area. This renourishment
has not been effective and an erosion control structure has been recommended as a permanent
solution based on conceptual design and modeling.
The purpose of this scope of work is to secure a permit to rebuild the south jetty to its original
design conditions and engineer/permit an erosion control structure to mitigate beach
renourishment in this area.
A Request for Proposal (RFP) was solicited in compliance with the applicable Consultants'
Competitive Negotiations Act (CCNA) requirements. On March 24th, 2014 RFP No. 14-6257,
"Doctors Pass Jetty,"was posted. One thousand, two hundred and fifty(1,250) notices were sent
out and fifty-seven (57) firms downloaded full document packages. Two (2) responsive
proposals were received on March 16, 2014. Per the Board's Purchasing Ordinance Section 11
(A)(3), the Purchasing Director certifies that every effort was made to comply with the CCNA to
attract three (3) or more firms.
On May 1, 2014, a Selection Committee ranked the two (2) firms based on an evaluation of their
technical proposals. Initially, the Selection Committee was deadlocked in a tie vote. However,
after additional deliberations the Selection Committee on a second vote by consensus (4-0)
ranked the firms as shown below:
Name of Firm Final Ranking
Humiston and Moore (H&M) 1
Coastal Planning and Engineering(CPE) 2
The top firm, H&M is very familiar with the scope of this project. H&M has extensive
experience with jetty rebuilds and the design and permitting of erosion control structures. Staff
recommends approval of the final ranking and requests authorization to commence contract
negotiations with H&M for this work. If contract negotiations are not successful with H&M,
then staff is seeking authorization to commence contract negotiations with CPE with the
objective of bringing an acceptable negotiated contract back to the Board for approval.
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FISCAL IMPACT: Funding is available through Tourist Development Tax, Fund 195. A
Budget Amendment will be required once negotiations are completed to transfer funds from
Fund 195 reserves into Project 90029, Doctors Pass S. Jetty Rebuild. Funding for this project
will not be requested for reimbursement from any grantor agency.
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 No. 14-6257, "Doctors Pass Jetty"; 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
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REQUEST FOR PROPOSALS
In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act.
Co tr County
Arirrinistrative
u rchaNng
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
CCNA Solicitation
14-6257 — Engineering Services for Doctors Pass
Jetty
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.
PeAwr;SD7almta t s3"Camiara'a1Cr:'t+Nays l(,n9a:al'. 1f+(t`^' ,;in!ras•net,`�;aircnasing
CCNA(Revision 01012014)
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Table of Contents
LEGAL NOTICE 3
EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT II: GENERAL RFP INSTRUCTIONS 11
EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 15
EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 19
ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 26
ATTACHMENT 2: CONSULTANT CHECK LIST 27
ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 28
ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 29
ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 31
ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 32
ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 33
ATTACHMENT 8: REFERENCE QUESTIONNAIRE 35
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ColiTc4 County
n ; Servrces DtviSIon'
Purchasing
Legal Notice
Pursuant to approval by the County Manager, Sealed Proposals to provide design services to
permit, rebuild and construct erosion control on the existing Doctors Pass Jetty will be received
until 3:00 PM, Naples local time, on April 16"' 2014 at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112.
CCNA Solicitation
14-6257—Engineering services for Doctors Pass Jetty
Services to be provided may include, but not be limited to the following: design services to permit,
rebuild and construct erosion control on the existing Doctors Pass Jetty.
[Si 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/ourchasinq and in the Lobby of Purchasing Building "G", Collier County
Government Center on 03/24/2014.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Coastal Zone Management 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 permit and rebuild the existing Doctors Pass south
jetty along with the addition of a new Erosion Control Structure to control beach erosion south of
Doctors Pass.
Detailed Scope of Work
1. Rebuild the existing south Jetty at Doctors Pass
• Survey existing south jetty
• Permit a jetty rebuild to the original/existing plans and specifications
• Identify stone quantities required, source, density, drop test, stone
configuration/size and stone certification.
• Develop Plans and Specifications
• Estimate of Most Probable Costs
• Bid Package generation
• Evaluation and Recommendation of bidders
2. New Beach Erosion Control Structure/Spur south of Doctors Pass
• Model existing beach and location south of Doctors Pass to determine optimal
configuration/design that incorporates the rebuilt south jetty into a comprehensive
design package. A jetty spur has been recommended based on preliminary
modeling by Coastal Planning and Engineering to accomplish this work.
• Permit the Erosion Control Structure design
• Integrate with the rebuild of the existing south jetty rebuild
• Identify stone quantities required, source, density, drop test, stone
configuration/size and stone certification.
• Develop Plans and Specifications
• Estimate of Most Probable Costs
• Bid Package generation
• Evaluation and Recommendation of bidders
3. Joint Coastal Permit Application
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• State and Federal permits and approvals will be required. Evaluation and
incorporation of existing and recently acquired design, geotechnical, and
environmental documentation into a Florida Department of Environmental
Protection (FDEP)Joint Coastal Permit(JCP) application package that presents
the information in the approved agency format. New or additional field
investigations or studies should be minimized and avoided. In addition to
descriptive information, the permit application should include the appropriate
sketches and drawings to graphically describe the project. The consultant will
provide the draft JCP package to Collier County for review and comment.
Electronic copies (Adobe Acrobat PDF format on CD-Rom)of the JCP
application will be prepared and submitted to the FDEP for distribution and
review. One (1) hard and electronic copy of the permit application will be
submitted to the appropriate U.S. Army Corps of Engineers (USACE)
representative responsible for project review and comment. Electronic copies
will be provided to other agencies as needed.
• The permit documents will include information pertinent to beach erosion, beach
performance, environmental setting, design details in permit drawings, and any
other information deemed important by State and Federal agencies. The permit
will also incorporate information developed in recently completed geotechnical
investigations, engineering studies, and physical monitoring reports.
4. Administration
• Administration includes coordination, meetings, progress and status updates,
budget control, scheduling, planning, internal meetings, and other associated
management tasks.
5. Pre-Application Meeting
• Coordinate with the County and State and Federal resource protection agencies
to schedule a project pre-application meeting. Schedule the pre-application
meeting sufficiently in advance to allow those State and Federal agencies
responsible for project evaluation to attend. Agencies that will be invited include
the FDEP, USACE, National Marine Fisheries Service (NMFS), United States
Fish and Wildlife Service (USFWS), and Florida Fish and Wildlife Conservation
Commission (FWC). The purpose of the meeting will be to describe the design
decisions that the County reached in formulating the proposed project. Goals of
the pre-application meeting are to obtain agency input on the proposal, identify
additional data needs and concerns, and develop responses to those issues
before submittal of the JCP. By meeting with the agencies before formal
submittal of the JCP, the critical tasks will be identified and criteria needed to
process a permit. One trip to Tallahassee with County staff to meet and
coordinate with the agencies should be included in this proposal. Consultation
with the Corps of Engineers(USACE) in Ft. Myers is required.
Recommendations to the County based on the results of these meetings are
required.
6. Prepare Engineering Sections
• Prepare an updated engineering summary of the project. Update the design
based upon previous design templates and maximize the design life where
feasible.
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• Along with the engineering summary, prepare a project and construction
description, project schedule, impact analysis, and other required engineering
documents and drawings for the permit application. Permit sketches will be
developed and finalized within this phase.
7. Prepare Environmental Sections
• Environmental sections of the JCP application, including threatened and
endangered species present, existing natural communities, wildlife surveys,
biological resources, etc., will be prepared by a qualified biologist. Biologists will
also provide additional information for the USACE which may be required for
consultation with USFWS and NMFS, such as the Manatee Biological Evaluation
(USFWS)and the Section 7 Consultation Checklist(NMFS). Assist the USACE
in preparing a public notice, consultation letter and advertising the public notice.
• Based upon recent guidance, it is anticipated that the environmental information
submitted with the JCP application and within the Manatee Biological Evaluation
(USFWS) and Section 7 Consultation Checklist(NMFS)will be sufficient to
satisfy NEPA requirements, including Endangered Species Act Section 7
Consultation with USFWS and NMFS and Essential Fish Habitat(EFH)
consultation with NMFS. Assume that the USFWS Statewide Programmatic
Biological Opinion (SPBO)for nesting sea turtles and the USFWS P3BO for
piping plovers will apply to this project.
8. Prepare Geology Sections, if required
• Results of the past geotechnical investigations will be incorporated into the
permit application.
9. Prepare Special Plans, if required
• Prepare additional cut sheets or cross sections of new erosion control structure
per request of FDEP
10. Respond to Agency Comments/RAI Phase
• This task includes preparing responses for one (1) Request for Additional
Information (RAI)from the Corps and FDEP, as well as travel to visit FDEP
offices one (1)time. The FDEP is using an extended information collection
period in lieu of RAI No. 2. Recent experience shows that one round of RAI
responses with an extended question period should address all the major issues.
Anything beyond a first set of RAI and reasonable extended questions period or
equivalent will be discussed with County staff to develop a course of action.
11. Finalize Permit Application Process
• This task includes: Negotiating Permit and BO Requirements, Issuance of Public
Notice, Response to Comments on Public Issuance, Coordination of Final Permit
Issuance, and providing last-minute documents to assist agencies in issuing the
permit
Term of Contract
The contract term, if an award(s) is/are made is intended to be for current needs.
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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 03/24/2014
Last Date for Receipt of Written Questions 04/11/2014, 3:00PM
Solicitation Deadline Date and Time 04/16/2014, 3:00PM
Anticipated Evaluation of Submittals Week of April 28th
Anticipated Completion of Contract Negotiations May 2014
Anticipated Board of County Commissioner's Contract 06/10/2014
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.
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
In this tab, include:
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• 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, Firms Credentials and Experience (25 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
permitting, success and overall 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.
• 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.
• Provide current list of projects in the format identified below:
Project Original Final Project Number of
Description Start Date End Date Budget Cost Change
Orders
3. Tab III, Business Plan (25 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.
4. Tab IV, Discipline Experience (30 points)
• Provide a list of projects that includes sufficient detailed description that outlines
the firms experience in JCP renourishment permitting, success and cost
effectiveness.
5. Tab V, References—5 Completed and Returned (20 points)
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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 Name Consultant Total 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,
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, 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
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exclusion of proposal for Selection Committee consideration, depending on the extent of
the exception(s). Such determination shall be at the sole discretion of the County and
Selection Committee.
7. Tab VII, Required Form Submittals
• Attachment 2: Consultant Checklist
• Attachment 3: Conflict of Interest Affidavit
• Attachment 4: Consultant 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
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Exhibit II: General RFP Instructions
1. Questions
Direct questions related to this RFP to the Collier County Purchasing Department Online
Bidding System website: www.collieroov.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 receive 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
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All proposals are to be delivered before 3:00PM, Naples local time, on or before April 16,
2014 to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112 p
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 proposals 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.
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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 publicly 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.
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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, Firm Credentials and Experience 25 points
Tab III, Business Plan 25 points
Tab IV, Discipline Experience 30 points
Tab V, References 20 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.
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Exhibit III: Collier County Purchase Order Terms and Conditions
1. Offer and to comply with all carrier
This offer is subject to cancellation by the regulations. Risk of loss of any goods
COUNTY without notice if not accepted by sold hereunder shall transfer to the
VENDOR within fourteen (14) days of COUNTY at the time and place of
issuance. delivery; provided that risk of loss prior
to actual receipt of the goods by the
2. Acceptance and Confirmation COUNTY nonetheless remain with
This Purchase Order (including all VENDOR.
documents attached to or referenced b) No charges will be paid by the COUNTY
therein) constitutes the entire agreement for packing, crating or cartage unless
between the parties, unless otherwise otherwise specifically stated in this
specifically noted by the COUNTY on the Purchase Order. Unless otherwise
face of this Purchase Order. Each delivery provided in Purchase Order, no invoices
of goods and/or services received by the shall be issued nor payments made
COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and
be upon the terms and conditions contained other charges are itemized, any
in this Purchase Order. discount will be taken on the full amount
of invoice.
No additional terms may be added and c) All shipments of goods scheduled on the
Purchase Order may not be changed except same day via the same route must be
by written instrument executed by the consolidated. Each shipping container
COUNTY. VENDOR is deemed to be on must be consecutively numbered and
notice that the COUNTY objects to any marked to show this Purchase Order
additional or different terms and conditions number. The container and Purchase
contained in any acknowledgment, invoice Order numbers must be indicated on bill
or other communication from VENDOR, of lading. Packing slips must show
notwithstanding the COUNTY'S acceptance Purchase Order number and must be
or payment for any delivery of goods and/or included on each package of less than
services,or any similar act by VENDOR. container load (LCL) shipments and/or
with each car load of equipment. The
3. Inspection COUNTY reserves the right to refuse or
All goods and/or services delivered return any shipment or equipment at
hereunder shall be received subject to the VENDOR'S expense that is not marked
COUNTY'S inspection and approval and with Purchase Order numbers.
payment therefore shall not constitute VENDOR agrees to declare to the
acceptance. All payments are subject to carrier the value of any shipment made
adjustment for shortage or rejection. All under this Purchase Order and the full
defective or nonconforming goods will be invoice value of such shipment.
returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase
at VENDOR'S expense. Order number and any other specific
information as identified on the
To the extent that a purchase order requires Purchase Order. Discounts of prompt
a series of performances by VENDOR, the payment will be computed from the date
COUNTY prospectively reserves the right to of receipt of goods or from date of
cancel the entire remainder of the Purchase receipt of invoices, whichever is later.
Order if goods and/or services provided Payment will be made upon receipt of a
early in the term of the Purchase Order are proper invoice and in compliance with
non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise
COUNTY. known as the "Local Government
4. Shipping and Invoices Prompt Payment Act," and, pursuant to
a) All goods are FOB destination and must the Board of County Commissioners
be suitably packed and prepared to Purchasing Policy.
secure the lowest transportation rates
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5. Time Is Of the Essence and transportation shall conform to all
Time for delivery of goods or performance of applicable laws, including but not limited to
services under this Purchase Order is of the the Occupational Health and Safety Act, the
essence. Failure of VENDOR to meet Federal Transportation Act and the Fair
delivery schedules or deliver within a Labor Standards Act, as well as any law or
reasonable time, as interpreted by the regulation noted on the face of the Purchase
COUNTY in its sole judgment, shall entitle Order.
the COUNTY to seek all remedies available
to it at law or in equity. VENDOR agrees to 9. Advertising
reimburse the COUNTY for any expenses No VENDOR providing goods and services
incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that
further agrees that undiscovered delivery of it has contracted with the COUNTY for
nonconforming goods and/or services is not goods and/or services, or appropriate or
a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other
upon further compliance with all identifying marks or property without the
specifications. prior written consent of the COUNTY'S
Purchasing Department.
6. Changes
The COUNTY may at any time and by 10. Indemnification
written notice make changes to drawings VENDOR shall indemnify and hold harmless
and specifications, shipping instructions, the COUNTY from any and all claims,
quantities and delivery schedules within the including claims of negligence, costs and
general scope of this Purchase Order. expenses, including but not limited to
Should any such change increase or attorneys' fees, arising from, caused by or
decrease the cost of, or the time required for related to the injury or death of any person
performance of the Purchase Order, an (including but not limited to employees and
equitable adjustment in the price and/or agents of VENDOR in the performance of
delivery schedule will be negotiated by the their duties or otherwise), or damage to
COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY
the foregoing, VENDOR has an affirmative or other persons), which arise out of or are
obligation to give notice if the changes will incident to the goods and/or services to be
decrease costs. Any claims for adjustment provided hereunder.
by VENDOR must be made within thirty(30)
days from the date the change is ordered or 11. Warranty of Non-Infringement
within such additional period of time as may VENDOR represents and warrants that all
be agreed upon by the parties. goods sold or services performed under this
Purchase Order are: a) in compliance with
7. Warranties applicable laws; b) do not infringe any
VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret;
and/or services covered by this Purchase and c)do not constitute unfair competition.
Order will conform to the specifications,
drawings, samples or other descriptions VENDOR shall indemnify and hold harmless
furnished or specified by the COUNTY, and the COUNTY from and against any and all
will be of satisfactory material and quality claims, including claims of negligence, costs
production, free from defects and sufficient and expense, including but not limited to
for the purpose intended. Goods shall be attorneys' fees, which arise from any claim,
delivered free from any security interest or suit or proceeding alleging that the
other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or
party. These warranties shall survive services provided under this Purchase Order
inspection, acceptance, passage of title and are inconsistent with VENDOR'S
payment by the COUNTY. representations and warranties in section 11
(a).
8. Statutory Conformity
Goods and services provided pursuant to If any claim which arises from VENDOR'S
this Purchase Order, and their production breach of section 11 (a) has occurred, or is
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likely to occur, VENDOR may, at the and acts of nature. When VENDOR has
COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force
the right to continue using the goods or majeure or other conditions which will delay
services, or replace or modify the goods or or threatens to delay timely performance of
services so that they become non-infringing, this Purchase Order, VENDOR shall
(without any material degradation in immediately give notice thereof, including all
performance, quality, functionality or relevant information with respects to what
additional cost to the COUNTY). steps VENDOR is taking to complete
delivery of the goods and/or services to the
12. Insurance Requirements COUNTY.
The VENDOR, at its sole expense, shall
provide commercial insurance of such type 15. Assignment
and with such terms and limits as may be VENDOR may not assign this Purchase
reasonably associated with the Purchase Order, nor any money due or to become due
Order. Providing and maintaining adequate without the prior written consent of the
insurance coverage is a material obligation COUNTY. Any assignment made without
of the VENDOR. All insurance policies shall such consent shall be deemed void.
be executed through insurers authorized or
eligible to write policies in the State of 16. Taxes
Florida. Goods and services procured subject to this
Purchase Order are exempt from Florida
13. Compliance with Laws sales and use tax on real property, transient
In fulfilling the terms of this Purchase Order, rental property rented, tangible personal
VENDOR agrees that it will comply with all purchased or rented, or services purchased
federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from
and ordinances that are applicable to the federal excise tax.
conduct of its business. By way of non-
exhaustive example, this shall include the 17. Annual Appropriations
American with Disabilities Act and all The COUNTY'S performance and obligation
prohibitions against discrimination on the to pay under this Purchase Order shall be
basis of race, religion, sex creed, national contingent upon an annual appropriation of
origin, handicap, marital status, or veterans' funds.
status. Further, VENDOR acknowledges
and without exception or stipulation shall be 18. Termination
fully responsible for complying with the This Purchase Order may be terminated at
provisions of the Immigration Reform and any time by the COUNTY upon 30 days
Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This
1324, et seq. and regulations relating Purchase Order may be terminated
thereto, as either may be amended. Failure immediately by the COUNTY for breach by
by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this
laws referenced herein shall constitute a Purchase Order, provided that COUNTY has
breach of the award agreement and the provided VENDOR with notice of such
County shall have the discretion to breach and VENDOR has failed to cure
unilaterally terminate said agreement within 10 days of receipt of such notice.
immediately. Any breach of this provision
may be regarded by the COUNTY as a 19. General
material and substantial breach of the a) This Purchase Order shall be governed
contract arising from this Purchase Order. by the laws of the State of Florida. The
venue for any action brought to
14. Force Majeure specifically enforce any of the terms and
Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall
responsible for any delay or failure in be the Twentieth Judicial Circuit in and
performance resulting from any cause for Collier County, Florida
beyond their control, including, but without b) Failure of the COUNTY to act
limitation to war, strikes, civil disturbances immediately in response to a breach of
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this Purchase Order by VENDOR shall accordance with Florida Statute Chapter
not constitute a waiver of breach. 112.061, Per Diem and Travel
Waiver of the COUNTY by any default Expenses for Public Officers, employees
by VENDOR hereunder shall not be and authorized persons.
deemed a waiver of any subsequent e) In the event of any conflict between or
default by VENDOR. among the terms of any Contract
c) All notices under this Purchase Order Documents related to this Purchase
shall be sent to the respective Order, the terms of the Contract
addresses on the face page by certified Documents shall take precedence over
mail, return receipt requested, by the terms of the Purchase Order. To the
overnight courier service, or by personal extent any terms and for conditions of
delivery and will be deemed effective this Purchase Order duplicate or overlap
upon receipt. Postage, delivery and the Terms and Conditions of the
other charges shall be paid by the Contract Documents, the provisions of
sender. A party may change its address the Terms and/or Conditions that are
for notice by written notice complying most favorable to the County and/or
with the requirements of this section. provide the greatest protection to the
d) The Vendor agrees to reimbursement of County shall govern.
any travel expenses that may be
associated with this Purchase Order in
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Exhibit IV: Additional Terms and Conditions for RFP 19 of 35
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 liability insurance.
Certificates issued as a result of the award of this solicitation must identify "For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by 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
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hereunder, Consultant shall immediately take steps to have the aggregate limit2 einstated to the full
extent permitted under such policy.
•
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(including
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specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), o¢alinaaces, codes,
rules, regulations and requirements of any governmental agencies.
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(&.collierclerk.com.
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 "laches" 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
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debts, the County reserves the right to off-set the amount owed to the County byzapplying the amount
owed to the vendor or contractor for services performed of for materials delivered in association with a
contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted 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
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survive and remain subject to the terms and conditions of that Agreement untibfthe completion or
termination of this Purchase Order.
12. Principals/Collusion
By submission of this Proposal the undersigned, as Consultant, does declare that the 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 another firm.
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-
14-6257—Engineering Services for
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consultant to any other firm or firms submitting under the same RFP. All submittalsf n violation of this
requirement will be deemed non-responsive and rejected from further consideration.
18. Protest Procedures
Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with 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
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*VIII-1 New Business
individual, firm, and/or any employee of the firm from contact with County staff fof5afspecified 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.
23. Immigration Law Affidavit Certification
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.ciov/E-Verifv. 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 seta. 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.
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ter County
Adrnnigrative Servioas Division
Purchasing
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 14-6257—Engineering services for Doctors Pass Jetty
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
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Cite," CO .nty
Purchasing
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 envelope has been addressed to:
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
Attn: Adam Northrup
CCNA Solicitation: 14-6257—Engineering services for Doctors Pass Jetty
❑ 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: Date
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per County
Administrative Senxes Davis,
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 writing 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
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C.,orrier County
Acirrvnistrathte Services Nision
Purchasing
Attachment 4: Consultant Declaration Statement
BOARD OF COUNTY COMMISSIONERS
Collier County Government Complex
Naples, Florida 34112
RE: CCNA Solicitation: 14-6257— Engineering services for Doctors Pass Jetty
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:
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Additional Contact Information 30 of 35
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:
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Cdrier County
Ackinsirabve Series Dmsion
Puur.,h cry
Attachment 5: Immigration Affidavit Certification
CCNA Solicitation: 14-6257—Engineering services for Doctors Pass Jetty
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-Verify 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.
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Co ter County
AdrInstmOve Serviors Chi
Pt,11.;<ng
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
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Co 1 ' County
Division Adninistratve Services
Purchasing
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 $500.000 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
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CAC June 12,2014
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• $2,000,000 per claim and in the aggregate 34 of 35
[' 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 Liability 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
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Coiter County
Acimnstatave Bergs Dtstmon
P,3izhus,v
Attachment 8: Reference Questionnaire
Solicitation: 14-6257—Engineering services for Doctors Pass Jetty
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
14-6257—Engineering Services for
Doctors Pass Jetty
35
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CAC June 12,2014
VIII-2 New Business
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EXECUTIVE SUMMARY
Recommendation to approve a Work Order with Humiston and Moore Engineers to
provide professional engineering services as needed by the Marco Island Central Beach
Re-grade project under Contract No. 13-6164-CZ for a Time and Material amount not to
exceed $169,724; authorize the County Manager or his designee to execute the work order,
approve necessary budget amendment, and make a finding that this item promotes
tourism,Project No. 90062.
OBJECTIVE: Secure professional engineering services as required to execute the Marco Island
central beach re-grading project.
CONSIDERATIONS: The central beach of Marco Island located just south of Sand Dollar
Island and continuing south to the Marriott Hotel between DEP reference monuments R-135 to
R-142 is excessively wide and flat. The beach in this area is between 500 and 1200 feet wide
with little to no surface slope to the Gulf. This region has a tendency to pond during heavy rains
creating a situation conducive to algae growth and excessive surface hardening after drying.
These two conditions have greatly reduced the use of this beach for suitable sea turtle nesting
habitat. In addition, the recreational use of this beach is also greatly reduced due to public health
concerns resulting from the residual/unsightly algae growth.
This project would provide professional engineering services as necessary to conduct
preliminary design and modeling, state and federal permitting, plans and technical specifications,
bidding services and construction phase inspection as needed to execute this project. Positive
drainage would be created by building a wider transitional berm seaward of the upland dune with
a seaward slope to Mean High Water. The sand to build this improved profile will be dredged
from the nearshore region along the seaward portion of the upland beach profile down to
approximately Mean Lower Low Water. The end result will be a slightly narrower dry beach
width. 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 reduced beach width will provide the public decreased
travel distance from the condominiums and Tigertail Beach parking areas.
A conceptual design report and scope of work proposal for this project are attached.
FISCAL IMPACT: Funding is available through Tourist Development Tax, Fund 195. A
budget amendment will be necessary to move funds, in the amount of$169,724 from reserves
into Project 90062, Marco Island Central Beach Re-Grade. Funding for this permit will not be
requested for reimbursement from any grantor agency. Construction costs are estimated at
$1,000,000. A most probable cost estimate will be developed to confirm project costing during
the design.
CAC June 12,2014
VIII-2 New Business
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GROWTH MANAGEMENT IMPACT:Ther e is no impact to the Growth Management Plan
related to this action.
ADVISORY COMMITTEE RECOMMENDATIONS: At the April 10 and May 8, 2014 CAC
meeting this item was unanimously approved by an 8 to 0 vote.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: To approve a Work Order with Humiston and Moore Engineers to
provide professional engineering services as needed by the Marco Island Central Beach Re-grade
project under Contract No. 13-6164-CZ for a Time and Material amount not to exceed of
$169,724; authorize the County Manager or his designee to execute the work order, approve
necessary budget amendment, and make a finding that this item promotes tourism, Project No.
90062
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management,Natural Resources Department
Attachment:
1. Conceptual Design Report
2. Humiston and Moore Proposal
3. Work Order
CAC June 12,2014
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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
HUMISTON&MOORE ENGINEERS
COASTAL ENGINEERING DESIGN AND PERMITTING
"Restoring Beaches as Natural coastal.Svstenrs`
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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) (CY) (CY) 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 1V: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 1V:40H 50 50
R-141.5 423 -38 -4,817.8 3,996.6 1 V::40H 50 50
R-142 446 -4 -1,424.0 2,510.4 1V::40H 50 50
TOTAL: -117,608.7 116,470.6
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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
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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.
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1" 6 / HUMISTON&MOORE ENGINEERS
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COASTAL ENGINEERING DESIGN AND PERMITTING
Cesun ink Beat hes as Natural Coastal.Systems"
ATTACHMENT A
SCOPE OF WORK
MARCO ISLAND CENTRAL BEACH RE-GRADING
CONTRACT 13-6164
5-30-14
The following is a scope of services for the proposed re-grading of the central section of Marco
Island beaches between DEP reference monument locations R-136 and R-142 in Collier County,
Florida. In all cases, County refers to Collier County, City refers to the City of Marco Island, DEP
refers to Department of Environmental Protection, USACE refers to the U.S. Army Corps of
Engineers, and Engineer refers to Humiston & Moore Engineers.
Task 1 Preliminary Design
1.1 Background Data Analysis
Engineer will utilize existing beach profile data and evaluate the past shoreline
trends in the vicinity of the project area since completion of the Marco Island beach
restoration project constructed in 1990/1991. Historic shoreline and nearshore
volumetric changes will be evaluated as supporting documentation to establish
nearshore trends and local sediment transport. This review will include monitoring
reports, a review of DEP files and database, and supporting documentation and
surveys from the previous permits authorized by the DEP in this project area.
Engineer will coordinate with the county, city, and the state and federal resource
agencies for details of sea turtle monitoring and shorebird monitoring data in the
project vicinity.
1.2 Engineering Analysis: Engineer will develop a regional and nearshore bathymetric
grid using existing beach profile data to evaluate the proposed impacts of re-grading
approximately 100,000 cy1 from the seaward portion of the berm and swash zone to
below Mean Low Water. It is intended that the excavated material will be
redistributed seaward of the existing dune as a transition berm to reduce upland
ponding along the beach profile to improve storm protection and establish a positive
grade toward the beach area. The engineering evaluation will consider background
erosion rates and nearshore coastal process modeling. The nearshore wave climate
will be generated using offshore wave data from the National Oceanic Atmospheric
Administration (NOAA) Wave Watch III database and regional wave modeling.
1 This estimated quantity is based on the Conceptual Design completed by Humiston&Moore Engineers for Collier
County in April 2014.
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HUMISTON&MOORE ENGINEERS
a a u COASTAL ENGINEERING DESIGN AND PERMITTING
I 'Rest°,mg Beaches as Natural coastal Systems" ...
Evaluation of nearshore wave and flow conditions in the vicinity of the project areas
will be conducted using regional and nearshore coastal process models accepted by
the Florida Department of Environmental Protection and adopted by the USACE
using the SMS software package. These models include the ADCIRC model for
regional hydrodynamics and CMS for flow, sediment transport and morphology
modeling. Additional beach morphology projections will use the Nline Model
developed by Dr. Kamphius and Dr. Dabees at Queens University. Preliminary design
and projected impact analysis will be presented to County staff for acceptance.
1.3 Preliminary Design Report: Upon acceptance of the preliminary design and impact
analysis, engineer shall prepare a preliminary design report for use as supporting
documentation for City, State and Federal regulatory review. The report will include
background shoreline trends, design objectives and coastal process modeling for
evaluation of the project design and projected nearshore and adjacent shoreline
changes. This report will include plans for the county to review and approve for filing
with the City, State and Federal regulatory agencies. This report will also include a
preliminary opinion of probable costs by engineer.
1.4 Local Meetings: Engineer will assist the county on an as-needed basis and attend up
to two meetings on Marco Island in support of the request for a letter of local
comprehensive plan consistency. Engineer will provide supporting design and
permitting progress documentation to the county and attend up to six progress
meetings including Coastal Advisory Committee meetings and Board of County
Commission meetings at the request of the county.
Task 2 State and Federal Permitting
2.1 Summary of Preliminary Design and Analysis in Presentation Format, Followed by
Pre-Application Meetings:
The results of the background analysis, modeling, alternatives analysis and
preliminary design will be summarized in a PowerPoint presentation that will be
filed with County, DEP Water Management Resources staff, and the USACE staff in
advance of pre-application meetings. The purpose of the PowerPoint presentation is
to facilitate distribution of project information for effective meetings with the state
and federal agencies. Within approximately 30 days after filing of the PowerPoint
presentation, a pre-application meeting will be held in Tallahassee with the DEP and
County. Staff of the Florida Fish and Wildlife Conservation Commission will be
invited to the meeting. Following the state pre-application meeting, a second
meeting will be held at the USACE Jacksonville District Ft. Myers office, and the U.S.
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A
HUMISTON&MOORE ENGINEERS
d dd COASTAL ENGINEERING DESIGN AND PERMITTING
>,,i ,J "Restorent,'Beaches.s as Natural Coastal Systems" 4,. r:.« a»
Fish and Wildlife Service and National Marine Fisheries Service will be invited to
attend. The results of the meetings will be summarized and distributed to the
attendees of both meetings and referenced in the JCP application.
2.2 Preparation of JCP Submittal to DEP, Supporting Documentation, Permit Plans,
Reports, and Response to Request for Additional Information (RAI)from DEP
An application will be filed with the Florida Department of Environmental Protection
(DEP) under the Joint Coastal Permitting program. The submittal will include permit
drawings for the proposed re-grading of the beach profile throughout the project
area, transitional berm fill details relative to existing conditions, a technical coastal
engineering design analysis report, a QA/QC plan for the beach re-grading, a
monitoring plan based on the pre-application meetings with DEP and USACE, and
submerged land public easement surveys for anticipated Consent of Use
authorization from the Board of Trustees. Sand samples and geotechnical analysis of
the sand is not contemplated as the sand compatibility should not be in question
given the excavation and filling being in relative close proximity along the active
beach profile. Engineer will encourage a site meeting with the DEP staff and FWC to
allow for evaluation of existing conditions and natural resources.
Requests for Additional Information (RAI): Engineer shall coordinate with County to
prepare response to RAls generated by DEP and their resource agency, FWC.
DEP QA/QC Plan Update: Engineer will evaluate and update the QA/QC plan format
last used by the Department for this section of the shoreline and similar work.
Engineer will coordinate with regulatory staff to accommodate any recent changes
in regulatory policy.
Monitoring: As part of the permit processing and coordination with the DEP and
Corps of Engineers, a monitoring plan will be prepared based on input from the
resource agencies. This monitoring effort will track the performance of the project
as well as any impacts on listed species.
2.3 Federal Permitting—USACE:
A copy of the JCP application will be forwarded to the U.S. Army Corps of Engineers
for their processing of an Individual Permit. This will include coordination with the
National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries
Service (NMFS), the NOAA Protected Resources Division (PRD), and the U.S. Fish and
Wildlife Service (FWS). Engineer will encourage an on-site meeting with the USACE
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HUMISTON&MOORE ENGINEERS
COASTAL ENGINEERING DESIGN AND PERMITTING
II "Restoring Beaches as Natural Coastal.Systems'
and federal resource agencies to present the project and allow for on-site evaluation
of the project and natural resources.
Requests for Additional Information (RAI): Engineer shall coordinate with the design
team and County to prepare responses to RAIs generated by USACE and their
resource agencies, FWS, PRD, and NMFS. It is anticipated that the project design will
comply with the Florida Statewide Programmatic Biological Opinion. It is anticipated
that during initial consultation a determination will be made regarding the
sufficiency of the Statewide Programmatic Biological Opinion (B.O.) for this project.
It will be intended to obtain informal consultation letters from both the FWS and
NMFS to maintain an expedited timeline. Engineer shall utilize available data for the
city and county environmental staff when addressing environmental issues.
Permit Processing Fee(s): All application fees will be filed by the County as part of
this scope of this work.
Project Specific Biological Opinion: Should the coordination with the federal
resource agencies result in the need for a project specific Biological Opinion,
Engineer shall coordinate with the design team and work with the resource agency
and assist on the preparation of the project specific Biological Opinion. One
potential issue may be the upcoming listing of the Red Knott shorebird as a federally
threatened species. This task would include an on-site meeting and coordination
with the USACE reviewer during the process. All meetings will be coordinated with
county staff. This subtask is not expected but will be added as a Not-To-Exceed task
only if required by the USACE and approved by the County.
Task 3: Finalize Plans and Technical Specification, Bid Schedule and Opinion of Probable Costs
3.1 Construction Plans and Technical Specifications, Preconstruction Beach Survey:
Update beach profile survey data throughout the project area to prepare
construction plans for bidding the project and addressing pre-construction
monitoring survey requirements. Finalize beach and berm design drawings based on
updated beach profile surveys and prepare Technical Specifications and a bid
schedule to be included with the county contract documents for bidding. As noted
above, an updated survey of the project area will be necessary to complete the
construction plans as part of this task. The most recent survey completed in March
2014 will be used in the preparation of the construction plans. An updated survey
will be conducted within 6 months of the anticipated commencement of
construction to update the plans to reflect current prevailing conditions.
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COASTAL ENGINEERING DESIGN AND PERMITTING
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a 'RestoringI3earites as Natural Coastal Systems" 4:.
3.2 Opinion of Costs:
Prepare a final opinion of probable construction costs based on the final design. This
will update the preliminary opinion of probable construction costs prepared during
the initial design of this project and will include contacting other local governments,
contractor and DEP for recent costs for similar construction. Engineer will forward
the final Opinion of Probable Costs with final construction plans and technical
specifications to county for bid purposes.
Task 4: Bid Phase Services
4.1. Pre-Bid Conference:
Respond to inquiries from potential bidders and attend a pre-bid conference and
site visit with representatives of county and prospective bidders and suppliers.
4.2 Addenda to Bid Package:
Engineer will prepare addenda to bid documents and responses to requests for
information from prospective Bidders at the request of the county on an as needed
basis.
4.3 Bid Qualification: Evaluate bidders' qualifications, contact references, and prepare a
formal recommendation to county regarding awarding of the construction contract.
Task 5: Construction Phase Services
5.1 Pre-Construction Meeting:
Engineer and the county staff will conduct a pre-construction meeting with the state
and federal agencies and their respective resource agencies to present the project,
its intended performance, and schedule. The selected contractor will be present for
this meeting. Engineer will provide required notices of commencement to respective
state and federal agencies.
5.2 Construction Observation:
Engineer shall conduct daily coordination and periodic site reviews with the
contractor throughout construction. Engineer shall conduct turbidity monitoring if
required by the permit. It is estimated that construction of the project will take 60
days to complete.
5.3 Post Project Certifications
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...,, ` ' HUMISTON&MOORE ENGINEERS
COASTAL ENGINEERING DESIGN AND PERMITTING
'RestoreagBeaches as Nan u al Coastal Systerrrs"
Upon nearing project completion, the contractor, Engineer and County staff will
walk through the project to determine if the Work is substantially complete and
develop a punch list for the contractor. Once the contractor addresses all of the
items on the punch list, Engineer can recommend to the County that the project
construction be deemed substantially complete so the contractor may demobilize, if
accepted by the County. At that time retainage held by the County may be
considered eligible for release to the contractor, depending on County policy and
requirements. At this point, upon completion of the project and collection of post
construction survey data, H&M as Engineer of Record, would provide all necessary
project certifications including post dredge and as-built surveys to the County, DEP
and USACE for project and permit compliance. The as-built survey should be done to
satisfy the first post construction monitoring survey anticipated by the JCP permit.
Project certifications would include reference to a set of record as-built construction
plans. This scope of work does not include any subsequent post construction
physical or biological monitoring beyond the first survey of the beach profiles at the
completion of construction because the detailed requirements, if any, will not be
known until permit issuance.
(End Scope of Services)
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Central Marco Island beach Re-Grading Project
Prepared by Humiston Moore Engineers
Date:May 21,2014
Marco Island Central Beach Re-Grading Project
1-Preliminary Design 39,404.00
1.1 Background Data Analysis
1.2 Engineering analysis
1.3 Preliminary Design Report
1.4 Local meetings
2-State and Federal Permitting 47,264.00
2.1 Pre-application meetings
2.2 Prepare JCP Submittal,supporting documentation,plans,reports,RAI
2.3 Federal Permitting-USACE I
3-Finalize Plans,Technical Specification,Bid Schedule,Opinion of Costs 22,274.00
3.1 Construction Plans,Techncial Specs and Updated survey
3.2 Opinion of Costs
4-Bid Phase Services 6,870.00
4.1 Pre-bid conference
4.2 Addenda to Bid Package
4.3 Bid Qualification
5-Construction Phase Services 53,912.00
5.1 Pre-Construction Conference
5.2 Construction Observation
5.3 Post Construction Certifications
Total: 169,724.00
Summary Breakdown of Costs
RATE/UNIT HOURS/OT COST MARKUP AMOUNT
Principle Engineer 206 178 36,668.00
Senior Engineer 157 122 19,154.00
Project Manager 147 64 9,408.00
Engineer 123 232 28,536.00
Senior Designer 114 28 3,192.00
Designer 94 78 7,332.00
Senior Technician 85 218 18,530.00
Inspector 76 400 30,400.00
Technician 72 7 504.00
Cadd Technician 81 0 0.00
Clerical/AdministrativE 62 0 0.00
PLOTTING, BOND 0.00
PLOTTING,VELLUM 0.00
EXPENSEIsurveys&Env 16000 16,000.00
EXPENSE 0.00
Project Total: 169,724,00
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EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to execute Contract No. 14-6256
to provide professional engineering services as required by the Naples Beach
Renourishment Project for $105,204 to Atkins North America, Inc., process all required
budget amendments, and make a finding that this item promotes tourism, Project No.
90038.
OBJECTIVE: To obtain professional engineering services to engineer, design and obtain a
Notice to Proceed as required to execute the Naples Beach Renourishment Project in November
of 2014.
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). A November 2014 renourishment
is anticipated that utilizes the existing 10 year Joint Coastal Permit (JCP). This permit expires
on 1/12/2015. This project will utilize an upland sand source and truck haul renourishment.
To correct these damages, in compliance with the CCNA, Staff solicited qualified firms capable
of providing engineering services as required to obtain a Notice to Proceed (NTP) authorization
from FDEP/USACE. On May 13, 2014 (Item 16A20), the Board of County Commissioners
approved Atkins North America, Inc. as the top ranked firm and directed Staff to bring back an
acceptable negotiated contract to the Board for approval.
Sand volumes for bidding will be based on quantities approved by PW-0679 TS Debbie (52,452
CY's). A design survey of the Naples beach will be performed to identify existing/actual beach
conditions during the design phase of the project. If significant deviation has occurred,
additional sand volumes may be justified if approved by the BCC. Any volume changes above
the FEMA authorized quantities will be handled as a Change Order to the original contract for
both the sand supplier and the truck hauler. This will be subject to BCC approval with
appropriate justification.
Time is of the essence for the execution of this project. Critical project execution decisions may
be required during summer recess of the Board of County Commissioners if a November 2014
renourishment is to be achieved. Staff is requesting that the County Manager be authorized to
conduct/implement critical project decisions in the Board's absence during summer recess
subject to Board ratification upon return.
FISCAL IMPACT: Funding for the proposed work order is not presently included in the
budget. However, sufficient funding is available in Tourist Development Tax Fund (195)
reserves. A budget amendment will be necessary to move funds, in the amount of $105,204,
from reserves into Project 90038, TS Debbie Naples Bch / PW 0679. Eligible funds of
$2,321,132 have been obligated under PW 0679(0) for Tropical Storm Debbie (Disaster 4068)
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by FEMA to pay for Collier County's beach damage. The federal portion of this obligation is
$1,740,849; the State's portion of this obligation is $290,141.50 and Collier County's portion
will be $290,141.50. Additionally, FDEP cost share funding may be requested at a future date to
reimburse Collier County for the non-federal portion of this project.
GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts as a result
of this project at this time.
ADVISORY COMMITTEE RECOMMENDATIONS: At the May 29, 2014 Tourist
Development Council meeting this item was unanimously recommended for approval by an 8 to
0 vote.
The Coastal Advisory Committee will review on June 12, 2014 for approval.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval.—CMG
RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute
Contract No. 14-6256 to provide professional engineering services as required by the Naples
Beach Renourishment Project for $105,204 to Atkins North America, Inc., process all required
budget amendments, 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) Contract No. 14-6256; (2)Budget Amendment
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Contract# 14-6256 "Naples Beach Renourishment Engineering Services"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2014 by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Atkins North
America, Inc., authorized to do business in the State of Florida, whose business address is 4030
West Boy Scout Boulevard, Suite 700, Tampa, FL 33607 (hereinafter referred to as the
"CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional Engineering Consulting
services of the CONSULTANT concerning the Naples Beach Renourishment (hereinafter
referred to as the "Project"), said services being more fully described in Schedule A, "Scope of
Services", which is attached hereto and incorporated herein;
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional Engineering Consulting services
in all phases of the Project to which this Agreement applies.
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1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this
Agreement all such licenses as are required to do business in the State of Florida and in Collier
County, Florida, including, but not limited to, all licenses required by the respective state boards
and other governmental agencies responsible for regulating and licensing the professional
services to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT designates Bryan Flynn, PE, a qualified licensed professional to serve
as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project
Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the
CONSULTANT with respect to directing, coordinating and administering all aspects of the
services to be provided and performed under this Agreement. Further, the Project Coordinator
has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating
to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote
whatever time is required to satisfactorily manage the services to be provided and performed by
the CONSULTANT hereunder. The Project Coordinator shall not be removed by
CONSULTANT from the Project without OWNER'S prior written approval, and if so removed
must be immediately replaced with a person acceptable to OWNER.
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1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from Owner to promptly remove and replace the Project Coordinator, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, said
request may be made with or without cause. Any personnel so removed must be immediately
replaced with a person acceptable to OWNER.
1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of
professional services that will be performed pursuant to this Agreement and has extensive
experience with projects similar to the Project required hereunder. The CONSULTANT agrees
that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to
the OWNER'S review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act
(218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including
specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances,
codes, rules, regulations and requirements of any governmental agencies, and the Florida
Building Code where applicable, which regulate or have jurisdiction over the Project or the
services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its
obligation to deliver complete and accurate documents necessary for successful construction of
the Project.
1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task)
amount for the following: Tasks not completed within the expressed time frame, including
required deliverables, incomplete and/or deficient documents, failure to comply with local, state
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and/or federal requirements and/or codes and ordinances applicable to Consultant's
performance of the work as related to the project. This list is not deemed to be all-inclusive, and
the County reserves the right to make sole determination regarding deductions. After notification
of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe,
these funds would be forfeited by the Consultant. The County may also deduct or charge the
Consultant for services and/or items necessary to correct the deficiencies directly related to the
Consultant's non-performance whether or not the County obtained substitute performance.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm
or organization, without OWNER'S prior written consent, or unless incident to the proper
performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt
written notice of any such subpoenas.
1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area
must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in
the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should
either reference specific established Survey Monumentation, such as Certified Section Corners
(Half or Quarter Sections are also acceptable), or when implemented, derived from the
RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have
common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement-
EOP, etc), and adhere to industry standard CAD specifications.
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ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT
shall furnish or obtain from others Additional Services of the types listed in Article Two herein.
The agreed upon scope, compensation and schedule for Additional Services shall be set forth in
the Amendment authorizing those Additional Services. With respect to the individuals with
authority to authorize Additional Services under this Agreement, such authority will be as
established in OWNER'S Purchasing Ordinance and Procedures in effect at the time such
services are authorized. These services will be paid for by OWNER as indicated in Article Five
and Schedule B. Except in an emergency endangering life or property, any Additional Services
must be approved in writing via an Amendment to this Agreement prior to starting such services.
OWNER will not be responsible for the costs of Additional Services commenced without such
express prior written approval. Failure to obtain such prior written approval for Additional
Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional
Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a
part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a
change in the Agreement is required because of the action taken by CONSULTANT in response
to an emergency, an Amendment shall be issued to document the consequences of the
changes or variations, provided that CONSULTANT has delivered written notice to OWNER of
the emergency within forty-eight (48) hours from when CONSULTANT knew or should have
known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above,
waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its
compensation or time of performance under this Agreement. The following services, if not
otherwise specified in Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
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2.2. Services resulting from significant changes in the general scope, extent or character of
the Project or its design including, but not limited to, changes in size, complexity, OWNER'S
schedule or character of construction; and revising studies, reports, design documents or
Contract Documents previously accepted by OWNER when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are due
to any other causes beyond CONSULTANTS control and fault.
2.3 Providing renderings or models for OWNER'S use.
2.4 Investigations and studies involving detailed consideration of operations, maintenance
and overhead expenses; the preparation of feasibility studies, cash flow and economic
evaluations, rate schedules and appraisals; and evaluating processes available for licensing and
assisting OWNER in obtaining such process licensing.
2.5. Furnishing services of independent professional associates and consultants for other
than the Basic Services to be provided by CONSULTANT hereunder.
2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and
directed by OWNER, other than visits to the Project site or OWNER's office.
2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
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2.9 Additional services rendered by CONSULTANT in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in Collier County as part of
the Basic Services in accordance with generally accepted professional practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The OWNER shall designate in writing a project manager to act as OWNER'S
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Manager"). The Project Manager shall have authority to transmit
instructions, receive information, interpret and define OWNER'S policies and decisions with
respect to CONSULTANT'S services for the Project. However, the Project Manager is not
authorized to issue any verbal or written orders or instructions to the CONSULTANT that would
have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT.
3.2. The Project Manager shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to OWNER's
requirements for the Project, including design objectives and constraints,
space, capacity and performance requirements, flexibility and expandability,
and any budgetary limitations;
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(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT'S disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to the Project;
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under this
Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of
the essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts
of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
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4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT'S services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to
its schedule provided, however, the granting of any such time extension shall not be a condition
precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall
expressly apply to claims for early completion, as well as claims based on late completion.
Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided
hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation
shall be equitably adjusted, with respect to those services that have not yet been performed, to
reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of
such delays.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or remedies
available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold
any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or
will shortly be back on schedule.
4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue
performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be
deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or
any other damages hereunder.
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ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon the completion or termination of this Agreement, as directed by OWNER,
CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings,
notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports
and other technical data, other than working papers, prepared or developed by or for
CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether
the originals or copies of such Project Documents are to be delivered by CONSULTANT.
CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER
the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project
Documents for its files and internal use.
6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER
to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive,
irrevocable license in all of the Project Documents for OWNER'S use on this Project.
CONSULTANT warrants to OWNER that it has full right and authority to grant this license to
OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to
complete the Project following CONSULTANT'S termination for any reason or to perform
additions to or remodeling, replacement or renovations of the Project. CONSULTANT also
acknowledges OWNER may be making Project Documents available for review and information
to various third parties and hereby consents to such use by OWNER.
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ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later, or such later date as may
be required by law. OWNER, or any duly authorized agents or representatives of OWNER,
shall, free of charge, have the right to audit, inspect and copy all such records and
documentation as often as they deem necessary during the period of this Agreement and during
the five (5) year period noted above, or such later date as may be required by law; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and
hold harmless OWNER, 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
CONSULTANT or anyone employed or utilized by the 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.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain and carry, at all times during its performance under the
Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to
this Agreement.
9.2 All insurance shall be from responsible companies duly authorized to do business in the
State of Florida.
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9.3 All insurance policies required by this Agreement shall include the following provisions
and conditions by endorsement to the policies:
9.3.1. All insurance policies, other than the Business Automobile policy, Professional
Liability policy, and the Workers Compensation policy, provided by CONSULTANT to
meet the requirements of this Agreement shall name Collier County Government, Collier
County, Florida, as an additional insured as to the operations of CONSULTANT under
this Agreement and shall contain a severability of interests provisions.
9.3.2. Companies issuing the insurance policy or policies shall have no recourse against
OWNER for payment of premiums or assessments for any deductibles which all are at
the sole responsibility and risk of CONSULTANT.
9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self-
insurance program carried by OWNER applicable to this Project, and the "Other
Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any
insurance or self-insurance program carried by OWNER applicable to this Project.
9.3.4. The Certificates of Insurance must read: For any and all work performed on
behalf of Collier County, or reference this contract number.
9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall
be construed in accordance with the laws of the State of Florida.
9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other
for damages covered by insurance to the extent insurance proceeds are paid and received by
OWNER, except such rights as they may have to the proceeds of such insurance held by any of
them.
9.5 All insurance companies from whom CONSULTANT obtains the insurance policies
required hereunder must meet the following minimum requirements:
9.5.1. The insurance company must be duly licensed and authorized by the Department
of Insurance of the State of Florida to transact the appropriate insurance business in the
State of Florida.
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9.5.2. The insurance company must have a current A. M. Best financial rating of "Class
VI" or higher.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this Agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign
to the Project to perform the Services required hereunder. Such personnel shall be committed
to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also
has identified each subconsultant and subcontractor it intends to utilize on the Project in
Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not
be removed or replaced without OWNER'S prior written consent.
10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or
subcontractors. By appropriate written agreement, the CONSULTANT shall require each
subconsultant or subcontractor, to the extent of the Services to be performed by the
subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this
Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities
which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each
subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER
under this Agreement with respect to the Services to be performed by the subconsultant or
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subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights.
Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to
enter into similar agreements with its sub-subconsultants or sub-subcontractors.
10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of
each contract entered into between CONSULTANT and each subconsultant or subcontractor,
however nothing in this Agreement shall be construed to create any contractual relationship
between OWNER and any subconsultant or subcontractor. Further, all such contracts shall
provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this
Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, and except those previously made in writing
in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at
the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment
by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin
services under the Agreement within the times specified under the Notice(s) to Proceed, or (b)
CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or
as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the
benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or
directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other
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codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and
conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSULTANT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3, below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably
possible.
12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the
OWNER all original papers, records, documents, drawings, models, and other material set forth
and described in this Agreement, including those described in Section 6, that are in
CONSULTANT'S possession or under its control.
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12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within
forty-five (45) days after such payment is due or such other time as required by Florida's Prompt
Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed
by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such
default within fourteen (14) days of receiving written notice of same from CONSULTANT, then
CONSULTANT may stop its performance under this Agreement until such default is cured, after
giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop
performance under the Agreement. If the Services are so stopped for a period of one hundred
and twenty (120) consecutive days through no act or fault of the CONSULTANT or its
subconsultant or subcontractor or their agents or employees or any other persons performing
portions of the Services under contract with the CONSULTANT, the CONSULTANT may
terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to
terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after
receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional
days' written notice to the OWNER, terminate the Agreement and recover from the Owner
payment for Services performed through the termination date, but in no event shall
CONSULTANT be entitled to payment for Services not performed or any other damages from
Owner.
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ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs
supporting the compensation for CONSULTANT'S services to be provided under this
Agreement are accurate, complete and current at the time of the Agreement. The
CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such interest
shall be employed to perform those services.
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ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following OWNER'S address of record:
Board of County Commissioners
Collier County Florida
Purchasing Department
3327 Tamiami Trail East
Naples, FL 34112
Attention: Joanne Markiewicz, Director, Procurement Services
Telephone: 239-252-8407
Fax: 239-252-6480
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to
the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the
United States Postal Service Department, first class mail service, postage prepaid, addressed to
the following CONSULTANT'S address of record:
Atkins North America, Inc.
4030 West Boy Scout Boulevard, Suite 700
Tampa, FL 33607
Telephone: 813-282-7275
Facsmile: 813-282-3634
Attn: Bryan Flynn, PE
bryan.flynn @atkinsglobal.com
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
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ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER
and assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes
the entire agreement between the parties hereto and shall supersede, replace and nullify any
and all prior agreements or understandings, written or oral, relating to the matter set forth
herein, and any such prior agreements or understanding shall have no force or effect whatever
on this Agreement.
17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties
shall survive the expiration or termination of this Agreement.
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17.8 This Agreement may be simultaneously executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
17.9 The terms and conditions of the following Schedules attached hereto are by this
reference incorporated herein:
Schedule A SCOPE OF SERVICES
Schedule B BASIS OF COMPENSATION
Schedule C PROJECT MILESTONE SCHEDULE
Schedule D INSURANCE COVERAGE
Schedule E TRUTH IN NEGOTIATION CERTIFICATE
Schedule F KEY PERSONNEL, SUBCONSULTANTS AND
SUBCONTRACTORS
RFP# 14-6256 Naples Beach Renourishment, Terms and Conditions
Schedule G FEMA Supplemental Conditions 97.036
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by such laws, rules and regulations of the United States as made applicable to
services funded by the United States government. Any suit or action brought by either party to
this Agreement against the other party relating to or arising out of this Agreement must be
brought in the appropriate federal or state courts in Collier County, Florida, which courts have
sole and exclusive jurisdiction on all such matters.
ARTICLE NINETEEN
SECURING AGREEMENT/PUBLIC ENTITY CRIMES
19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
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CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement. At the time this Agreement is
executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate
identified in Article 13 and attached hereto and made a part hereof as Schedule E.
CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER
determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage
rates and other factual unit costs.
19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been
informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the
Florida Statutes which read as follows:
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime 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 vendor list."
ARTICLE TWENTY
DISPUTE RESOLUTION
20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT
with full decision-making authority and by OWNER'S staff person who would make the
presentation of any settlement reached during negotiations to OWNER for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of CONSULTANT with full decision-making authority and
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by OWNER'S staff person who would make the presentation of any settlement reached at
mediation to OWNER'S board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
20.2 Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
ARTICLE 21
IMMIGRATION LAW COMPLIANCE
21.1 By executing and entering into this agreement, the CONSULTANT is formally
acknowledging without exception or stipulation that it is fully responsible for complying with the
provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et
seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT
to comply with the laws referenced herein shall constitute a breach of this agreement and the
County shall have the discretion to unilaterally terminate this agreement immediately.
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IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Naples Beach Renourishment the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA,
Dwight E. Brock, Clerk
By:
Date: By:
Tom Henning, Chairman .
pproved as to Form and Legality:
G ssistant County Attorney
Name
Atkins North America, Inc.
By:
Witness
Name and Title Name and Title
Witness
Name and Title
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SCHEDULE A
SCOPE OF SERVICES
14-6256 "Naples Beach Renourishment"
Federal Emergency Management Agency (FEMA) has authorized this renourishment
(3.56 miles, 18,829 LF of beach, one hundred five (105) feet wide) as a result of
damages incurred from TS Debbie (Disaster-4068 and PW-0679(0).
The Consultant will provide 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, as
well as hot spots that have recently occurred in the Park Shore and Naples areas. This
project will utilize the existing ten (10) year Joint Coastal Permit (JCP) for Collier
County's beach renourishment program.
Detailed Scope of Work
The Consultant will perform a design survey on the project area, provide design
construction plans, acquire a notice proceed from the regulatory agencies and prepare
bidding documents in support of the County's solicitation of the bid. Plans shall, at a
minimum, call for the placement of sand at the following five (5) segments:
• R-58A to R-58
• R-60 to R-64
• R-67 to R-70
• R-72 to R-74
• R-77 to R-79
Task 1 — Design Survey
The Consultant will verify the R-monuments, and reset control if necessary based on 2nd
order control points. Survey data will be referenced to the Florida State Plane
Coordinate System, East Zone, North American Datum of 1983, 1990 adjustment (NAD
83/90) and the North American Vertical Datum of 1988 (NAVD 88). Survey will include
R-58A to R-81 to collect profile data at the locations where sand will be placed, and also
adjacent profiles. The profiles will include upland and offshore surveying to a distance of
five hundred (500) feet offshore or two hundred fifty (250) feet beyond the design
template as necessary.
All work shall be conducted in accordance to Section 01000 (Beach Profile Topographic
Surveying) and 01100 (Offshore Profile Surveying) of the March 2004 Bureau of
Beaches and Coastal Systems Monitoring Standards for Beach Erosion Control
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Projects. Topographic and Hydrographic profile surveys will be collected. All data
seaward of the dune shall be collected using RTK GPS technology. Upland areas
inaccessible to RTK GPS shall be collected using robotic total station techniques.
Upland topography shall extend approximately one hundred fifty (150) feet landward of
the vegetation line or until an obstacle is encountered.
Hydrographic portions of the profile line shall be collected from a survey vessel
equipped with RTK GPS technology and a dynamic motion sensor to provided
instantaneous tide and motion corrections. Manual tide readings will be taken while
conducting the onshore portion of the profiles to verify onboard tide readings. Standard
hydrographic procedures shall be followed including all necessary quality control
checks. Horizontal and vertical positioning checks will be conducted at the beginning
and end of each day using second order FDEP monuments located in the project area.
The fathometer will be calibrated via bar-checks and a sound velocity probe at the
beginning and end of each day. The DIGIBAR PRO sound velocity meter or equivalent
which provides a fast additional calibration for sound velocity as compared to the
traditional bar check shall be used. More specifically, bar checks will be performed from
a depth of five (5) feet to a maximum depth of twenty-five (25) feet. Analog data
showing the results of the bar check calibration will be displayed on the fathometer
charts at five (5)foot increments during descent and ascent of the bar.
In order to maintain the vessel navigation along the profile lines HYPACK navigation
software or equivalent shall be used. This software shall provided horizontal position to
the sounding data allowing real-time review of the profile data in plan view or cross
section format. The navigation software shall also provided navigation to the helm to
control the deviation from the online azimuth. The landward limits of the hydrographic
survey shall be based on a minimum of fifty (50) feet beyond the seaward extent of the
beach profile.
A Professional Surveyor and Mapper (PSM) licensed in the State of Florida shall sign
and seal the required survey drawings.
Deliverables:
XYZ file, electronic survey files, signed and sealed survey for submittal to agencies.
Task 2 — Project Design
The survey data will be used to design a beach fill template in compliance with the
FDEP permit 0222355-013-JC, with the required fill quantities outlined in FEMA order.
Plans will be prepared showing the survey data presented in plan and profile views that
indicate existing grades and proposed fill templates. The proposed fill template will
include berm elevations and range from the R-monument, design slopes and end fill
tapers.
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Volume calculations will be completed to determine the amount of sand required to
achieve the fill template on a profile-by-profile basis. The volume-based distribution of
sand will be in general in line with those volumes called out in the FEMA document, but
within the permitted areas as well.
Complete sets of design documents will be presented to the County for review. Upon
approval from the County, Consultant will incorporate into the construction documents.
Deliverables:
Stakeout Tables, Design Drawings, Design Calculations
Task 3— Construction Documents
Construction documents will include construction plans and bid items necessary for
contractors. Consultant shall prepare technical specifications and general provisions to
support the County's bid process.
Detailed drawings will be prepared to scale and will serve as the basis for the contract
drawings in the final package sent to prospective bidders. Drawings will include the
topographic & bathymetric survey data, in plan and profile views and include
construction access points and easements. Submittals will be provided to the County
for review and comment. Consultant shall revise any changes promptly and shall
furnish the final construction drawings for approval prior to reproduction of copies
suitable for distribution to prospective bidders.
Final cost estimates will be included as well as a bid schedule, which will include a
detailed estimate of the quantities and work to be performed for bidding purposes.
Components of the Contract Documents that will be provided include the following:
1. Technical Specifications
2. Appendix Information (Permits, aerial photography, sediment documents, and
any other relevant information).
Deliverables:
Electronic drawings, specification files, and signed and sealed construction documents
for submittal to the County for Invitation to Bid (ITB).
Task 4—Acquire Notice-to-Proceed
The Notice-to-Proceed (NTP) Package will include the design drawings with cover letter
and sediment QA/QC documents and submit to regulatory agencies. Consultant will
host/prepare for one (1) conference call/meeting with FDEP, and one (1) meeting in
person in Tallahassee or onsite in Naples, if necessary, to discuss the project.
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Consultant will provide two (2) Senior Coastal Engineers/Project Managers to attend
those meetings. The NTP package will be submitted with projected issuance of the
NTP.
The following will be submitted for review and approval by the Department:
a. Physical Monitoring Plan, as described in Specific Condition No. 11
b. Biological Monitoring Plan, as described in Specific Condition No.10.
c. Final Sediment Quality Control/Quality Assurance Plan, including project-
specific sediment quality specifications for grain size distribution, color, and
carbonate composition to ensure that the sediment from the borrow sites will
meet the standards in Rule 62B-41.007(2)(j),F .A.C., for the exclusion of non-
compatible fill material. The Plan will provide procedures for testing the quality of
the sediment after it is placed and methods for remediation of any areas of fill
material that do not comply with the sediment quality specifications.
d. Two (2) hard copies and an electronic copy of detailed final construction plans
and specifications for all authorized activities, including a vessel operations plan.
These documents shall be signed and sealed by the design engineer who must
be registered in the State of Florida, and shall bear the certifications specified in
Rule 62B-41.007(4), F.A.C. The plans and specifications shall include a
description of the beach construction methods to be utilized and drawings and
surveys which show all biological resources and work spaces (e.g., staging
areas, access corridors, boat access corridors, etc.) to be used for this project.
e. Turbidity monitoring qualifications. Construction at the project site shall be
monitored closely to assure that turbidity levels do not exceed the compliance
standards established in this permit. Accordingly, an individual familiar with
beach construction techniques and turbidity monitoring shall be present at all
times when fill material is discharged on the beach. The names and
qualifications of those individuals performing these functions along with 24-hour
contact information shall be submitted for approval.
f. Written verification that the Erosion Control Line has been executed and
recorded throughout the entire project area.
Deliverables:
Notice-to-proceed submittal package as described above.
Task 5— Bidding Support
Consultant will coordinate with the County to determine an appropriate date for a Pre-
Bid Meeting. Consultant will prepare for, and attend the Pre-Bid Meeting, answer
prospective Contractor/Bidder inquiries and transcribe Contractor/Bidder inquiries for
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subsequent research and response to all Meeting attendees as determined by the
County. (Usually as an attachment to a subsequent Addenda issued by the County.)
During the bidding period, Consultant shall communicate frequently with County staff
regarding receipt of prospective Contractor/Bidder written inquiries seeking
interpretation of the Contract Documents, and provide a written response as determined
by the County.
Once the bids have been opened, Consultant will obtain copies of submitted bids from
the County and shall review them for accuracy, completeness and Contractor
qualifications. Consultant will evaluate and provide a written recommendation for award
to the County based on a review of the submitted bids.
Consultant will prepare for the recommendation to Board of County Commissioners
(BOCC) and provide one (1) Senior Coastal Engineer/Project Manager to attend the
BOCC meeting.
Task 6— Post Design Services (TBD as needed)
Consultant may be asked to provide post design services, including, but not limited to:
• Shop drawing review
• Responses to Requests for Information (RFI)
• Sediment QA/QC review
• Progress calculations/drawings
• Progress Meeting Attendance/Minutes
• Project Close-out and permit compliance documents
• As-Built Drawings in CAD or PDF format(per County direction)
• Final certifications
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SCHEDULE B
BASIS OF COMPENSATION
LUMP SUM AND TIME AND MATERIAL
1. MONTHLY STATUS REPORTS
B.1.1. As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project design and construction status, in
terms of the total work effort estimated to be required for the completion of the Basic Services
and any then-authorized Additional Services, as of the last day of the subject monthly billing
cycle. Among other things, the report shall show all Service items and the percentage complete
of each item.
B1.1.1. All monthly status reports and invoices shall be mailed to the attention of: Gary
McAlpin, Manager, Coastal Zone Management, 2800 N. Horseshoe Drive, Naples,
FL 34104, (239) 252-2966.
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments and time and material payments to CONSULTANT based upon CONSULTANT'S
Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below.
Provided, however, in no event shall such compensation exceed the amounts set forth in the
table below.
TASK DESCRIPTION FEE PAYMENT
SCHEDULE
Tasks 1-2 Lump Sum Lump Sum
1 Design Survey $ 18,992.00 Monthly Upon
Percent Complete of
Task
2 Project Design $ 29,379.00 Monthly Upon
Percent Complete of
Task
Tasks 3-6 Time and Material Not to Exceed
3 Construction Documents $ 25,858.00 Time and Material —
Not to Exceed
4 Acquire Notice to Proceed $ 20,755.00 Time and Material -
Not to Exceed
5 Bidding Support $ 10,220.00 Time and Material-
Not to Exceed
6 Post Design Services TBD, as needed Time and Material -
Not to Exceed
GRAND TOTAL FEE (Total of Tasks 1-6) $ 105,204.00
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid
to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set
forth in the Attachment I to this Schedule B.
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B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and
approved by OWNER.
B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the
services to be provided. The negotiated fee shall be based upon the rates specified in
Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the
provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or
Additional Services without OWNER'S prior written approval.
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed
under the provisions of this Agreement, and shall include the cost of all materials,
equipment, supplies and out-of-pocket expenses incurred in the performance of all such
services.
B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for
Services performed under this Agreement, CONSULTANT shall continue to perform the
Services required of it under this Agreement, as directed by OWNER, pending resolution
of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that
OWNER does not dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic
Services and Additional Services during the subject billing month. Notwithstanding
anything herein to the contrary, the CONSULTANT shall submit no more than one invoice
per month for all fees earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number
of the purchase order granting approval for such services shall appear on all invoices.
B.3.1.1. Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months
after completion of contract. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"'aches" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices
shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order
Number and Project name and shall not be submitted more than one time monthly.
B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
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B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed
invoice with supporting documentation.
B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule
B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be
utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a
maximum markup of 5% on the fees and expenses associated with such subconsultants
and subcontractors.
B.3.5.1. Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without
mark-up by the CONSULTANT, and shall consist only of the following items:
B.3.5.1.1. Cost for reproducing documents that exceed the number of
documents described in this Agreement and postage and handling of Drawings
and Specifications.
8.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such
expenses, if approved by OWNER, may include coach airfare, standard
accommodations and meals, all in accordance with section 112.061, F.S.
Further, such expenses, if approved by OWNER, may include mileage for trips
that are from/to destinations outside of Collier or Lee Counties. Such trips within
Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4. Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5. Expense of models for the County's use.
B.3.4.1.6. Other items on request and approved in writing by the OWNER.
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Attachment 1
SCHEDULE B
CONSULTANT'S HOURLY RATE SCHEDULE
Title
Standard Hourly Rate
Principal $ 206.00
Senior Project Manager $ 172.00
Project Manager $ 147.00
Senior Engineer $ 157.00
Engineer $ 123.00
Senior Inspector $ 96.00
Inspector $ 76.00
Senior Planner $ 139.00
Planner $ 110.00
Senior Designer $ 114.00
Designer $ 94.00
Environmental Specialist $ 109.00
Senior Environmental Specialist $ 134.00
Scientist/Geologist $ 93.00
Senior Scientist/Geologist $ 118.00
Marine Biologist/Hydrogeologist $ 110.00
Senior Marine Biologist/Hydrogeologist $ 138.00
Senior GIS Specialist $ 139.00
GIS Specialist $ 102.00
Clerical/Administrative $ 62.00
Senior Technician $ 85.00
Technician $ 72.00
Surveyor and Mapper $ 120.00
CADD Technician $ 81.00
Survey Crew - 2 man $ 130.00
Survey Crew - 3 man $ 161.00
Survey Crew - 4 man $ 189.00
Senior Architect $ 154.00
Architect $ 121.00
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SCHEDULE C
PROJECT MILESTONE SCHEDULE
Cumulative Number
of Calendar Days
For Completion
Item Description from Date of
Notice to Proceed for
Services under this
Agreement
1 Design Survey 30
2 Project Design 45
3 Construction Documents 60
4 Acquire Notice to Proceed 75
5 Bidding Support TBD
6 Post Design Services (TBD as needed). Upon
NTP to awarded ITB
Contractor, concurrent with
project
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SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any
of the below listed minimum required coverages, 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.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the services until the date of completion and acceptance of the Project by the OWNER or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the
OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT
evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages
and limits required hereunder. In addition, certified, true and exact copies of all insurance
polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such
certificates shall contain a provision that coverages afforded under the policies will not be
canceled or allowed to expire until at least thirty (30) days prior written notice has been given to
the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24)
hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverages or limits received by CONSULTANT from its insurer, and nothing contained herein
shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in
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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.
(5) All insurance coverages of the CONSULTANT shall be primary to any insurance or
self insurance program carried by the OWNER applicable to this Project.
(6) The acceptance by OWNER of any Certificate of Insurance does not constitute
approval or agreement by the OWNER that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
(7) CONSULTANT shall require each of its subconsultants to procure and maintain, until
the completion of the subconsultant's services, insurance of the types and to the limits specified
in this Section except to the extent such insurance requirements for the subconsultant are
expressly waived in writing by the OWNER.
(8) Should at any time the CONSULTANT not maintain the insurance coverages required
herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to
purchase such coverages and charge the CONSULTANT for such coverages purchased. If
CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand,
OWNER has the right to offset these costs from any amount due CONSULTANT under this
Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall
be under no obligation to purchase such insurance, nor shall it be responsible for the coverages
purchased or the insurance company or companies used. The decision of the OWNER to
purchase such insurance coverages shall in no way be construed to be a waiver of any of its
rights under the Agreement.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the services required hereunder or termination of the Agreement, the
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CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s)
of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of
the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a
material breach by CONSULTANT and OWNER may terminate the Agreement for cause.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? _X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the
CONSULTANT during the term of this Agreement for all employees engaged in the work under
this Agreement in accordance with the laws of the State of Florida. The amounts of such
insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability(check one, if applicable)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
_X_ $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive all claims rights against the OWNER and the
policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work.
Applicable X_ Not Applicable
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(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work.
Applicable X_ Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement?_X_Yes No
(1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be
maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the
following:
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
_X_General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
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(2) The General Aggregate Limit shall apply separately to this Project and the policy shall
be endorsed using the following endorsement wording. "This endorsement modifies insurance
provided under the following: Commercial General Liability Coverage Part. The General
Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects
away from premises owned by or rented to you." Applicable deductibles or self-insured
retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured
retentions carried by the CONSULTANT shall be subject to the approval of the Risk
Management Director or his/her designee.
(3) The OWNER, Collier County Government, shall be named as an Additional Insured
and the policy shall be endorsed that such coverage shall be primary to any similar coverage
carried by the OWNER.
(4) Coverage shall be included for explosion, collapse or underground property damage
claims.
(5) Watercraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in
subparagraph (1) above if applicable to the completion of the Services under this Agreement.
Applicable X_ Not Applicable
(7) Aircraft Liability coverage shall be carried by the CONSULTANT or the
SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the
completion of the Services under this Agreement.
Applicable X_ Not Applicable
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? X_Yes No
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(1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the
ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less
than:
Bodily Injury & Property Damage - $ 500,000
X_ Bodily Injury & Property Damage - $1,000,000
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial
General Liability, and Automobile Liability coverages required herein and shall include all
coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? X Yes No
(1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure
its legal liability for claims arising out of the performance of professional services under this
Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under
this insurance. Such insurance shall have limits of not less than:
$ 500,000 each claim and in the aggregate
X_$1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
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$5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
CONSULTANT. Deductible amounts are subject to the approval of the OWNER.
(3) The CONSULTANT shall continue this coverage for this Project for a period of not
less than five (5) years following completion and acceptance of the Project by the OWNER.
(4) The policy retroactive date will always be prior to the date services were first
performed by CONSULTANT or OWNER, and the date will not be moved forward during the
term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit
Certificates of Insurance providing for an unqualified written notice to OWNER of any
cancellation of coverage or reduction in limits, other than the application of the aggregate limits
provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-
four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material
change in coverages or limits received by CONSULTANT from its insurer. In the event of more
than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall
immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any
endorsements issued or to be issued on the policy if requested by OWNER.
VALUABLE PAPERS INSURANCE
(1) In the sole discretion of the County, CONSULTANT may be required to purchase
valuable papers and records coverage for plans, specifications, drawings, reports, maps, books,
blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or
reconstructing valuable papers or records utilized during the term of this Agreement.
PROJECT PROFESSIONAL LIABILITY
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(1) If OWNER notifies CONSULTANT that a project professional liability policy will be
purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and
OWNER'S insurance representative, to pursue the maximum credit available from the
professional liability carrier for a reduction in the premium of CONSULTANT'S professional
liability policy. If no credit is available from CONSULTANT'S current professional policy
underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next
renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent
professional liability policies that renew during the term of the project policy). CONSULTANT
agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER,
OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for
the provision of project-specific professional liability insurance policy in consideration for a
reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured
consultants.
(2) CONSULTANT agrees to provide the following information when requested by OWNER
or OWNER'S Project Manager:
a. The date the professional liability insurance renews.
b. Current policy limits.
c. Current deductibles/self-insured retention.
d. Current underwriter.
e. Amount (in both dollars and percent) the underwriter will give as a credit if the
policy is replaced by an individual project policy.
f. Cost of professional insurance as a percent of revenue.
g. Affirmation that the design firm will complete a timely project errors and omissions
application.
(3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be
insured will be notified and OWNER will provide professional liability insurance, naming
CONSULTANT and its professional subconsultants as named insureds.
END OF SCHEDULE D
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SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida
Statutes, Atkins North America, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the services of the CONSULTANT to be provided under
the Professional Services Agreement, concerning Naples Beach Renourishment are accurate,
complete and current as of the time of contracting.
Atkins North America, Inc.
BY:
TITLE:
DATE:
Schedule E
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SCHEDULE F
KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS
Name Title Percentage of work
William "Ken" Jones, PE VP, Principal 5%
Bryan Flynn, PE Sr. Project Manager 20%
Walker Dawson, PE Sr. Engineer 20%
Marie Yarbrough, PE Engineer 10%
Stacey Roberts Senior Environmental Specialist 15%
Matthew Starr GIS Specialist 15%
James Patanio CAD Design 15%
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SCHEDULE G: FEMA
Supplemental Conditions 97.036
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify
the general conditions and other specifications. In cases of disagreement with any other section of this contract,
the Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in
the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is
bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the
Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The recipient shall
document in the quarterly report the subcontractor's progress in performing its work under this agreement. For
each subcontract, the Recipient shall provide a written statement to the Department as to whether the
subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat.
(1) Administrative, contractual, or legal remedies Unless otherwise provided in this contract, all claims,
counter-claims, disputes and other matters in question between the local government and the contractor,
arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually
agree, or in a Florida court of competent jurisdiction.
(2)Termination for cause and for convenience
A. This contract may be terminated in whole or in part in writing by either party in the event of substantial
failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,
provided that no termination may be effected unless the other party is given:
(1) not less than ten (10)calendar days written notice(delivered by certified mail, return receipt requested)of
intent to terminate; and
(2)an opportunity for consultation with the terminating party prior to termination.
B. This contract may be terminated in whole or in part in writing by the local government for its convenience,
provided that the other party is afforded the same notice and consultation opportunity specified in 1(a)above.
C. If termination for default is effected by the local government, an equitable adjustment in the price for this
contract shall be made,but
(I) no amount shall be allowed for anticipated profit on unperformed services or other work,and
(2) any payment due to the contractor at the time of termination may be adjusted to cover any additional
costs to the local government because of the contractor's default.
If termination for convenience is effected by the local government, the equitable adjustment shall include a
reasonable profit for services or other work performed for which profit has not already been included in an
invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for
services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to
termination settlement costs reasonably incurred by the contractor relating to commitments (e.g.,
suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate.
D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1)
promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make
available to the local government all data, drawings, reports specifications, summaries and other such
information, as may have been accumulated by the contractor in performing this contract, whether completed or in
process.
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(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations
"During the performance of this contract, the contractor agrees as follows:
"(1) The contractor will not discriminate against any employee or applicant for employment because of race,
creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, creed, color, or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
"(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without regard to race,
creed, color, or national origin.
"(3) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting
officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of
Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
"(4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
"(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September
24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
"(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or
order of the Secretary of Labor, or as otherwise provided by law.
"(7)The contractor will include the provisions of Paragraphs(1)through(7)in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting
agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,
however,That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the contracting agency, the contractor may request the United States to
enter into such litigation to protect the interests of the United States."
(4) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq.:The Contractor agrees it
will require that mechanics and laborers (including watchmen and guards) employed on this federally assisted
contract be paid wages of not less than one and one-half times their basic wage rates for all hours worked in
excess of forty hours in a work week.
15) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq.: The Contractor agrees it will require that
covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half
times their basic wage rates for all hours worked in excess of the prescribed work-week.
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(6) Copeland "Anti-Kickback"Act (U.S.C. Section 51): The Contractor agrees to comply with the Anti-Kickback
Act of 1968 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted
construction activities.
(7) Reporting: The contractor will provide any information required to comply with the grantor agency requirements
and regulations pertaining to reporting.
(8) Patents and Data: No reports, maps, or other documents produced in whole or in part under this contract shall
be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee
shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the
contractor's services.
(9)Access to Records
The local government, the Florida Department of Emergency Management, the Federal grantor agency, the
Comptroller General of the United States, and any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the
purpose of making audit, examination, excerpts, and transcriptions.
(10) Retention of Records
The contractor shall retain all records relating to this contract for five(5) years after the local government makes
final payment and all other pending matters are closed.
(11) Clean Air Act , Federal Water Pollution Control Act, Executive Order 11738, and US EPA Regulations:
Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the Contractor
or recipient to comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of
the Clean Air Act(42 U.S.C. 1857 (h), Section 508 of the Clean Water Act(33 U.S. 1368), Executive Order 11738,
and the U.S. Environmental Protection Agency regulations(40 CFR Part 15 and 61). Violations shall be reported
to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
(12) Energy Efficiency Standards: The contractor shall comply with any mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871).
(13) Debarment and Suspension (E.O.s 12549 and 12689): Contract awards that exceed the small purchase
threshold and certain other contract awards shall not be made to parties listed on the nonprocurement portion of
the General Services Administration's List of parties Excluded from Federal Procurement or Nonprocurement
Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the
names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared
ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the
small purchase threshold shall provide the required certification regarding its exclusion status and that of its
principals. Vendors submitting proposals for this purchase must attest that they, and their subcontractors and
partners, are not excluded from receiving Federal contracts, certain subcontracts, and certain Federal financial and
nonfinancial assistance and benefits, pursuant to the provisions of 31 U.S.C. 6101, note, E.O. 12549, E.O. 12689,
48 CFR 9.404, and each agency's codification of the Common Rule for Nonprocurement suspension and
debarment. Contractor's debarment and suspension status will be validated at the System for Award
Management at
www.sam.gov and the State of Florida at http://dms.myflorida.com/business_operationsistate_purchasing/ vendor
information.
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f CB&I Coastal Planning&Engineering, Inc.
2481 NW Boca Raton Blvd.
Boca Raton, FL 33431
Tel: +1 561 391 8102
Fax: +1 561 391 9116
www.CBl.com
June 6, 2014
Gary McAlpin
Collier County Coastal Zone Management
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Assistance with 2015-2016 Local Government Funding Request Submittal
Dear Gary:
This letter is a proposal for hourly services for CB&I Coastal Planning & Engineering, Inc. (CB&I) to
support the County with submittal of the 2015-2016 Local Government Funding Request. The scope of
work and associated cost proposal detail the elements required for submittal of the LFGR's for Collier
County including the South Marco Island and Collier County Beach Renourishment Projects.
Included as Attachments are; the Scope of Work (Exhibit A), the Fee Proposal (Exhibit B), and the
Rates Schedule(Exhibit C). The cost to provide the Services is $9,979.00 on a time and materials not-
to-exceed basis.
CB&I's performance of the proposed services will be governed by this Proposal and the terms and
conditions of Contract No. 13-6164 between CB&I and Collier County.
Ve truly yours,
Thomas P. Pierro, . , .CE
Vice President
CB&I Coastal Planning & Engineering, Inc.
cc: Gail Hambright, Collier County Government
Sheri Dindial, CB&I
CLIENT: COLLIER COUNTY
Acknowledgement and Acceptance:
Printed Name
Title
Date
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Exhibit A
Scope of Work
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2015-2086 LGFR Preparation Assistance
Collier County,Florida
Scope of Work
Contract Number 13-6164
introduction
In order to distribute state funds for shore protection and inlet management p 'eots, the FDEP
requests that the counties submit a Local Government Funding Request(LGFR) for their projects
annually. This year, the FDEP has updated the LGFR application for the 2015-2016 funding
cycle based on the updated 62B-36 Rule which was effective August 5, 2013. This scope of work
details the tasks required to support the County with assistance preparing and submitting the
201 5-2016 Local Government Funding Request to the FDEP.
Initial Submittal
CB&l` Coastal Planning& Engineering, Inc. will assist the County with preparation of the 2015-
2016 Local Government Funding Request for Collier County's shore protection projects
including the South Marco Island and Collier County Beach Renourishment Projects. All tho
elements of the projects as they apply to the 62B-36 Rule and the {.[]PR application and
guidance document will be evaluated in order to increase FDEP ranking and cost sharing
opportunities where practical. This will include research to identify public lodging
establishments and updated county zoning. Additionally, we will update the application response
to account for the modification of the LGFR based on the latest rating guidelines and rules and
current project cost information. We will review last year's points and FDEP comments to
potentially improve the project ranking for the upcoming funding cycle. We will evaluate the
cost sharing and eligibility points both with and without the newly eligible North Park Shore
reach. The FDEP's ranking methodology document will serve as a guide for the responses we
formulate on behalf of the County.
Once we have completed a draft of the LGFR application we will provide it to Collier County for
review and comment prior to submittal to the FDER This Scope of Work does not include
preparation of LGFR's for Wiggins or Doctors Passes.
Respond to FDEP Review
Once the LGFR has been submitted, the FDEP reviews the applications and provides initial
project rankings and initial project assessments. The applicant then has the opportunity to
respond to the initial assessment. We will perform this review on behalf of Collier County and, if
warranted, provide the County with a draft letter to the FDEP identifying the areas within the
application which may provide additional points to the County.
S urn mary
This work will be performed on a time and materials (T&K4) basis with a cost not to exceed
$9,979.00 as outlined in the attached spreadsheet.
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Exhibit B
Fee Proposal
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Exhibit C
Rate Schedule
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V
Exhibit C
SCHEDULE B: RATE SCHEDULE
Standard Hourly
Title I Rate
Principal $ 206.00
Senior Project Manager $ 172.00
Project Manager $ 147.00
Senior Engineer $ 157.00
Engineer i $ 123.00
Senior Inspector $ 96.00
Inspector $ 76.00
Senior Planner $ 139.00
Planner $ 110.00
Senior Designer $ 114.00
Designer $ 94.00
Environmental Specialist $ 109.00
Senior Environmental Specialist $ 134.00 I
Scientist/Geologist $ 93.00
Senior Scientist/Geologist $ 118.00
Marine Biologist/Hydrogeologist $ 110.00 {
Senior Marine Biologist/Hydrogeologist $ 138.00
Senior GIS Specialist $ 139.00
GIS Specialist $ 102.00
Clerical/Administrative $ 62.00
Senior Technician $ _ 85.00
Technician ? $ 72.00
Surveyor and Mapper $ 120.00
•
CADD Technician _ $ 81.00
Survey Crew-2 man $ 130.00 '
Survey Crew-3 man $ 161.00
Survey Crew-4 man $ 189.00
Senior Architect $ 154.00
Architect $ 121.00
This list is not intended to be all inclusive. Hourly rates for other categories of
professional, support and other services shall be mutually negotiated by Collier County
and firm on a project by project basis as needed.
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