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CAC Agenda 10/23/2014 Coastal Advisory Committee Agenda October 23 , 2014 COASTAL ADVISORY COMMITTEE THURSDAY, OCTOBER 23, 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. September 11, 2014 VII. Staff Reports 1. Expanded Revenue Report 2. Permit Extension 3. Sand Lease 4. Sand Gift - Marco Island Marriott 5. Second Appeal - Beach Restoration Deobligation VIII. New Business 1. Naples Beach Renourishment Sand Supply & Hauling Contract No. 14-6343 * Bid Tab ** Agreement 2. Naples Beach Renourishment Sand Placement - Contract No. 14-6352 * Bid Tab ** Agreement 3. Naples Beach Renourishment Construction Engineering Inspection - Atkins * Proposal IX. Old Business X. Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location November 13, 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, the provision of certain assistance. Please contact Collier County Facilities Management Department at 3335 Tamiami Trail East, 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. CAC October 23,2014 VI-1 Revenue Report 1 of 18 COLLIER COUNTY TOURIST TAX REVENUE FY 14 TDC Revenue Report 30-Sep-2014 FY 14 Adopted FY 14 Current FY 14 YTD Var to FY 14 YTD Description Fund Budget Forecast Forecast FY 14 YTD Actual Forecast Beach Faculties 183 693,700 840,267 840,267 856,580 16,313 TDC Promotion 184 5,440,200 6,589,411 6,589,411 6,717,337 127,926 Non-County Museums 193 369,200 447,166 447,166 455,847 8,681 TDC Admin 194 1,800,600 2,181,014 2,181,014 2,223,356 42,342 Beach Renoutishment 195 5,706,000 6,911,384 6,911,364 7,045,539 134,176 Disaster Recovery 196 0 - 0 - 0 County Museums 198 1,489,000 1,803,495 1,803,495 1,838,508 35,013 Gross Budget $15,498,700 $18,772,717 $18,772,717 $19,137,167 $364,450 __ Less 5%Rey Res (774,900), I Net Budget 14,723,800, Collections %Budget Collected to %over FY13 %over FY12 %over FY11 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 1,216,039 16,195,310 104.5% 16.79% 30.12% 42.95% July 939,370 17,134,680 110.6% 12.93% 28.62% 38.19% Aug 990,663 18,125,343 116.9% 18.18% 27.29% 35.57% Sept 1.011.824 I 19,137,167, 123.5% 54.83% 56.48% 58.10% Total 19,137,167 19,137,167 YTD 18.25% 28.45% 43.71% Current Forecast 18,772,717 Budget Forecast 17,048,600 Budget Comparison 5 Yr Collect 5 Yr Collect Budgeted Actual Budget to Actual Budget Month History-Cum History-Monthly Collections Collections $Variance Forecast 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% 82% _ 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 1,216,039 245,773 1,067,289 July 90.3% 4.9% 756,037 939,370 183,333 831,641 Aug 95.5% 5.3% _ I 814,545 990,663 176,118 895,999 Sept 100.0% 4.5% 691,020 1,011,824 320,804 760,122 Total 100.0% 100.0% 15,498,700 19,137,167 3,638,467 17,048,570 Tourist Tax Revenue Collection Curve -- M$4.0 _ $3.5 5 $3.0 ___. 1• $2.5 - _ -... 4 1 3$1.5 -xm.l eit Budget $1.0 _.._ $0.5 $0.0 1012120140:5P AM H:'Revenue ReporttMenthly Sales.and TDC Receipts i i . • i I , I ■ . 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Q 4 e n AI o a umi °n° m n IA■N N N N N N N N M P F �1 O N N N ..1 y J N Z 0 W 0 O O V a1i CO 0 ; m W .N-� to la Al 01 S O AZ V I Cr m Al N N m ^ Y1 CS ce Y N co M N O O M co N W C N N N N N N N N N ,�.1 ,,j 1 N J Ov > a O 4 N M 0 N VI m o a 0 N N to °C n ro m. °a Cl o uu'i M O m C LL an H N N N N N N N N ni .y a '^ 2 N LI▪ a N o r to n t e N a n• 2 O O N N O O N N ry IA n• Z to N N N N N N N 2 0 cl Z W N N CO .1) Cl al p W Ill 0 m Cl O IA b O n N ut 0 V M Cl to O ^ 0 N to N Al IA o co co m n N m Vt °- F• 0 N N N N N h in Z h W op C m la W Q W N O .0 m N Q N b N N Cl N n Q O ,N a M ui of Cl to u m o a > O W N N a1 M to Z N N H N N N N N H d N N W N Al CO Cl al n Q N m a N mp� m m N tO m° NNi•° m n a N al n N o ut M Q is O N N N N N N N N N N N ¢a N O n co 0 N N M Q N AI N N N N N J i N N Q▪ O O O N N O M D O O O N O N O I- N N LL CAC October 23,2014 VII-2 Staff Reports 1 of 2 OIOtOTEti14N FLORIDA DEPARTMENT OF GOVERNOR • ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA g BOB MARTINEZ CENTER LT.GOVERNOR FLORIDA w: 2600 BLAIRSTONE ROAD TALLAHASSEE,FLORIDA 32399-2400 HERSCHEL T.VINYARD JR. SECRETARY October 13, 2014 Gary McAlpin,Manager Coastal Zone Management Collier County Government 2800 North Horseshoe Drive Naples,Florida 34104 Statutory Time Extension No. 0222335-016-JN Re: Permit No. 0222355-001-JC Collier County Beach Nourishment Dear Mr.McAlpin: We are in receipt of your notice to use the provisions of Section 46 of Chapter 2014-218 Laws of Florida(House Bill 7023)to extend the duration of the above Joint Coastal Permit(JCP)under Part IV of Chapter 373,F.S. Pursuant to the provisions of HB 7023,the expiration date of the permit is changed as follows: Original Expiration Date: January 12, 2015 New Expiration Date: January 12,2017 All dates contained in the terms and conditions of the permit pertaining to deadlines, such as for commencing or completing construction,completing any mitigation, and submitting reports for the activity authorized by the permit are modified in recognition of, and relative to,the new expiration date. You are advised that the legislation requires that,"The commencement and completion dates for any required mitigation associated with a phased construction project[is] extended such that the mitigation takes place in the same timeframe relative to the phase as originally permitted." In accordance with the legislation,the permitted activity will continue to be governed by the rules in effect at the time the permit was issued. However, any future request to modify the permit, except where the modification lessens the environmental impact,will be governed by the rules in effect at the time of the modification. This extension does not: 1. Otherwise change any other terms or conditions of the permit. 2. Affect the expiration date of any associated state-owned submerged lands lease or easement that was executed for the activities authorized in the permit. It also does not www.dep.state.fl.us CAC October 23,2014 VII-2 Staff Reports 2 of 2 Statutory Time Extension JCP No.0222355-016-JN Collier County Beach Nourishment Page 2 of 2 change any terms or conditions contained in the lease or easement, such as deadlines for submittal of any required lease fees. 3. Affect the water quality certification determination under Section 401, Public Law 92- 500, 33 U.S.C. Section 1341 made as part of the permit. 4. Affect the coastal zone consistency concurrence determination made under Florida's Coastal Zone Management Program in Section 307 of the Coastal Zone Management Act and 15 CFR 930, Subpart D originally contained in the permit. 5. Affect the expiration date of any state, federal, or local permit, license, or authorization related to this permit, specifically including any federal permit under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. Sincerely, Ivana Kenny Environmental Specialist II Beaches, Inlets and Ports Program Division of Water Resource Management cc: Martin Seeling, DWRM Vincent George,DWRM Tom Jacobs,DWRM Ann Lazar, FCO Vladimir Kosmynin,DWRM Robbin Trindell,FWC Robert Brantly, DWRM Luke Davis,FWC Jen Coor,DWRM MarineTurtle @myfwc.com Alex Reed, DWRM Jennifer Cowart,DEP S District Roxane Dow,DWRM FWCConservationPlanningServices(&,,myfwc.com SAT-RD-S@usace.army.mil JCP Compliance www.dep.state.fl.us CAC October 23,2014 VII-3 Staff Report 1 of 30 LEASE BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY,FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR SHORE PROTECTION AND RESTORATION IN COLLIER COUNTY,FLORIDA BOEM Negotiated Agreement No. OCS-G 35160 Title I. Explanatory Recitals A. This lease ("Lease") is made under the authority of Section 8(k)(2)(A)(i) of the Outer Continental Shelf Lands Act(OCSLA) of August 7, 1953 (43 U.S.C. § 1331 et seq.), P.L. 95- 372, as amended by P.L. 103-426, between the United States Department of the Interior (DOI), acting through the Bureau of Ocean Energy Management (BOEM), and Collier County, Florida (the "County"), collectively the "Parties," for the renourishment of beach along 7.5 miles of coastline between Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach. B. The County is undertaking a project in furtherance of the abovementioned goal to renourish Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach (the "Project"). C. Prior to the notice-to-proceed with construction, the County will procure lands, easements, and rights-of-way (collectively, "Land Rights") as necessary from upland landowners, other property rights holders, and other persons and entities of appropriate scope and duration to facilitate the Project. Title II. Purpose and Authority A. The DOI, acting through BOEM (together with DOI as the "Lessor"), enters into this Lease with the County (collectively with the Lessor, as the "Parties") providing for the use of up to 500,000 cubic yards of Outer Continental Shelf sand resources (OCS sand resources) for the Project under the authority of Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)). The term "OCS sand resources"means the sediment deposits found on or below the surface of the seabed on the Outer Continental Shelf(OCS), as defined in Section 2(a) of the OCSLA (43 U.S.C. § 1331(a)). This Lease authorizes the County to use OCS sand resources from Borrow Area T-1, as designated and shown in Table 1 and on the attached map (Attachment 1), in accordance with the terms of this Lease. After removal of the OCS sand resources from the OCS and placement of those resources as specified in this Lease, BOEM has no jurisdiction over those sand resources unless they return to the OCS. Page 1 of 30 CAC October 23,2014 VII-3 Staff Report 2 of 30 Table 1. Borrow Area T-1 Corner Coordinates Easting Northing (X) (Y) 202013.65 753164.46 201978.71 752636.00 201958.88 752336.00 204413.60 752336.00 204481.05 752636.00 204566.47 752926.04 204206.37 753510.17 202851.75 752336.00 202430.36 752215.45 202540.42 751569.91 203136.83 751509.61 203662.80 751950.51 203882.44 751211.25 204227.27 751507.14 204362.72 752109.64 205117.39 752336.00 205366.16 752069.56 205372.70 751318.02 205682.85 750344.68 206502.82 750345.18 207103.47 750399.66 B. BOEM, under authority delegated by the Secretary of the Interior, is authorized, pursuant to Section 8(k)(2) of the OCSLA (43 U.S.C. § 1337(k)(2)) to enter into this Lease concerning the potential use of OCS sand resources. BOEM has determined that the Project meets the requirements of Section 8(k)(2)(A)(i) of the OCSLA. Therefore, in accordance with Section 8(k)(2), and subject to the terms and conditions as contained herein, BOEM hereby authorizes the use of OCS sand resources from Borrow Area T-1 identified in Table 1 for the construction of the Project. The Parties acknowledge that under the terms of Section 8(k)(2)(B), BOEM will not assess any fee Page 2 of 30 CAC October 23,2014 VII-3 Staff Report 3 of 30 against the County for the use of the OCS sand resources described herein. In consideration of the provision of OCS sand resources for the Project, the County will provide to BOEM survey results and other data as provided herein, which will, among other things, give BOEM valuable information on the Borrow Area. Nothing in this Lease is intended to abrogate or diminish the Secretary of the Interior's authority under the OCSLA to oversee and regulate the removal of OCS sand resources. C. Nothing in this Lease is intended to impede or hinder the County's ability to complete the Project or abrogate or diminish either Party's authority or responsibilities under applicable law, including but not limited to the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA), Marine Mammal Protection Act (MMPA), National Historic Preservation Act (NHPA), or the Coastal Zone Management Act (CZMA). Title III. Project Description This Project is intended to renourish the beach, with the intention of reducing coastal storm flooding and erosion, and provide recreational and environmental habitat benefits along eroded areas of the Collier County shoreline. The County may extract up to 500,000 cubic yards of OCS sand resources to renourish the beach. The OCS sand resources will be extracted from Borrow Area T-1 (Attachment 1) and placed between Wiggins Pass and Gordon Pass, including Vanderbilt Beach, Pelican Bay, Park Shore, and Naples Beach (see Attachment 2). Title IV. Provisions A. BOEM authorizes the use of OCS sand resources from Borrow Area T-1. The County or its contractor(s) may extract, transport, and place such OCS sand resources from Borrow Area T-1 only in accordance with the terms and conditions set forth below and in accordance with the Florida Department of Environmental Protection's Joint Coastal Permit (JCP) No. 0222355-012-JN, the U.S. Army Corps of Engineers (USACE) Permit No. SAJ-2003-12405 (IP-MN), USACE Permit Modification SAJ-2003-12405 (MOD-KDS), and any other applicable permits. B. This Lease applies only to the extraction, transportation, and placement of OCS sand resources as described above. The Lease will terminate or expire upon the following occurring: (1) the County sending written notice to the Chief, Marine Minerals Branch, 381 Elden Street, HM 3120, Herndon, Virginia 20170, that the County has received sufficient OCS sand resources to complete the Project, up to 500,000 cubic yards, or, (2) three (3)years from the date of execution of this Lease, whichever occurs first. Upon request by the County, the parties may agree to extend the terms of the Lease as necessary to provide the County and its contractors(s) with additional time to complete the Project. The parties acknowledge that there may be a need for future OCS sand resources for periodic maintenance, augmentation, or construction purposes. BOEM and the County may enter into subsequent agreements, for the use of OCS sand resources for the Project, consistent with each Party's responsibilities under applicable law. Page 3 of 30 CAC October 23,2014 VII-3 Staff Report 4 of 30 C. BOEM and the County recognize that planning and coordination among the Parties will ensure that responsibilities under OCSLA, and other applicable Federal laws, are carried out and accommodated in an efficient and timely manner so that the project schedule will not be unnecessarily delayed or compromised. Both parties recognize that BOEM, as a Bureau in DOI, has certain responsibilities for the orderly, timely, and efficient recovery of OCS minerals using the best available and safest technology while ensuring environmental stewardship and compliance. With respect to the Project, BOEM and the County agree to the following terms: 1. Plans and Performance Requirements Collier County will ensure that all operations at Borrow Area T-1 are conducted in accordance with the final approved "Construction Solicitation and Specifications Plan" (the "Plan") and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein. Collier County will send BOEM a copy of the Plan and any modifications when available. The County will allow BOEM to review and comment on modifications to the Plan that may affect the project area, including the use of submerged or floated pipelines to directly convey sediment from the borrow area to the placement site. Said comments will be delivered in a timely fashion in order to not unduly delay the County's construction contract or schedule. The County will ensure that all operations at Borrow Area T-1 are conducted in accordance with the final approved Plan and all terms and conditions in this Lease, as well as all applicable statutes, regulations, orders, and any guidelines or directives specified or referenced herein are met. The dredging and/or conveyance methods from Borrow Area T-1 will be consistent with the project proposal analyzed in the supporting NEPA documents, and the method identified in other authorizing documents and all associated state and Federal permits. If dredging and/or conveyance methods are not wholly consistent with those evaluated in the relevant NEPA documents and environmental and cultural resource consultations, and those authorized by the USACE and state permits, additional environmental review may be necessary. If additional NEPA analysis, consultations, coordination, and/or Federal or state permits would impact or otherwise require modification of the Lease, an amendment may be required. Prior to the commencement of construction, Collier County will provide a summary of the construction schedule, consistent with Paragraph 15. Collier County, at the reasonable request of BOEM or the Bureau of Safety and Environmental Enforcement (BSEE), will allow access, at the site of any operation subject to environmental and safety regulations, to any authorized Federal inspector and must provide BOEM or BSEE with any documents and records that are pertinent to occupational or public health, safety, or environmental protection, conservation of natural resources, or other use of the OCS, as may be requested. Page 4 of 30 CAC October 23,2014 VII-3 Staff Report 5 of 30 2. Endangered Species Act (ESA) Compliance with the NMFS Biological Opinion and Incidental Take Statement/Recommendations BOEM is the lead agency on behalf of the Federal Government to ensure the Project complies with all terms, conditions, and recommendations of the NMFS Biological Opinion (dated August 13, 2013, available online at http://www.bocm.tov/Collier-County-B0/). For all activities undertaken pursuant to the Project, Collier County agrees to implement all terms, conditions, and recommendations in the NMFS Biological Opinion, which are summarized as provided in Attachment 3 of this Lease; to the extent the summaries or this Lease differ from or conflict with the Biological Opinion, the Biological Opinion governs. The County will instruct its contractor(s) to implement those mitigation terms, conditions, and measures required or recommended by NMFS in the Biological Opinion. In the event that the contractor is not able to provide the required inspection of the turtle deflector equipment, the County will notify BOEM prior to conducting the activity and the County will be required to retain a NMFS-approved third-party contractor to perform the inspection. In addition to any reporting requirements or recommendations in the Biological Opinion, copies of all relevant correspondence, monitoring, and reporting must be provided to BOEM within 14 days of issuance at dreda,einfo(d)boem.gov. The County agrees to respond to all reasonable requests from and cooperate with BOEM and NMFS in meeting their obligations under the ESA. In the event of any collision with or injury of a threatened or endangered species, including but not limited to sea turtles, Collier County and/or its contractor(s) must stop all dredging operations and immediately contact the NMFS Protected Resources Division (727-824-5312 or takereport.nmfsser @noaa.gov), the local authorized sea turtle stranding/rescue organization (http://www.sefsc.noaa.gov/species/turtles/strandings.htm) and BOEM (dredgeinfo {)boem.gov and 703-787-1215). Collier County acknowledges and agrees that, even where it is otherwise in compliance with the terms and conditions of this Lease and other required authorizations, incidental take of sea turtles or other endangered species by Collier County or its authorized contractors, within Federal waters, may require suspension of the Lease by BOEM and reinitiation of consultation with NMFS. The amount and severity of incidental take that will trigger suspension, and the need for any such suspension or reinitiated consultation, will be determined at the sole discretion of BOEM. Depending on the results of an assessment of the take or reinitiated consultation, BOEM in its sole discretion may reinstate the Lease, revoke and terminate the Lease, negotiate with Collier County an amendment to the existing Lease, or enter into a new Lease with additional terms and conditions to protect threatened and endangered species. Collier County understands and agrees on behalf of itself, its agents, contractors, and other representatives, that no claim, legal action in equity for damages, adjustment, or other entitlement against BOEM will arise as a result of any suspension or related action. 3. Environmental Compliance BOEM must ensure that the project complies with applicable environmental laws, including but not limited to ESA, MSA, NHPA, and CZMA. Collier County agrees to include in its Plan and implement all proposed avoidance and minimization measures identified and analyzed in the associated NEPA documents for this project(see Environmental Assessment for the Issuance of a Page 5 of 30 CAC October 23,2014 VII-3 Staff Report 6 of 30 Non-Competitive Lease for Use of Outer Continental Shelf Sands for the Collier County Beach Renourishment Project, Collier County, Florida (July 2013), pp. 63; available at http://www.boem.gov/Col I ier-County-EA-Attachments/). To minimize the severity of benthic impacts, Collier County will require dredge contractors to leave undisturbed space between the dredge cuts to allow the relatively intact benthic communities between the furrows to be a source of colonists to adjacent disturbed areas. Collier County is responsible for compliance with all Federal and state permits related to the Project, including but not limited to implementation of sediment compatibility and compaction monitoring, marine turtle conditions, marine mammal special conditions, and seasonal construction windows. Construction will not commence until the pre-construction requirements have been completed. Additionally, Collier County will require its contractor(s) to implement the mitigation terms, conditions, and measures required by NMFS, U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, the USACE, and BOEM, as appropriate, pursuant to applicable Federal and state laws and regulations. In addition to the requirements identified in this Lease, required mitigation terms, conditions, and measures are reflected in the Biological Opinion (summarized in Attachment 3) and Conservation Recommendations. Copies of all relevant correspondence, monitoring, and reporting must be provided to BOEM within fourteen (14) days of issuance at dredgeinfo(aboentgov (including but not limited to observer and dredge reports). 4. Pre-and Post-Construction Notification of Activity in or near the Borrow Area Collier County will invite BOEM to attend a pre-construction meeting that describes Collier County's and/or its agents' plan and schedule to construct the Project. Collier County, after receiving notification from its contractor(s), will notify BOEM at dredgeinfo@boem.gov within 72 hours prior to the commencement, and no later than 24 hours after termination, of operations at Borrow Area T-1. BOEM will notify Collier County in a timely manner of any OCS activity within the jurisdiction of the DOI that may adversely affect Collier County's ability to use OCS sand for the Project. 5. Dredge Positioning During all phases of the Project, Collier County will ensure that the dredge and any bottom- disturbing equipment is outfitted with an onboard global positioning system (GPS) capable of maintaining and recording location within an accuracy range of no more than plus or minus 3 meters. The GPS must be installed as close to the cutterhead or draghead as practicable. During dredging operations, Collier County and/or its agents will immediately notify BOEM at dredgeinfol Lbocm.gov if dredging occurs outside of the approved borrow area. Anchoring, spudding, or other bottom-disturbing activities are not authorized outside of the approved borrow area on the OCS, except when there are immediate concerns regarding safety, navigation risks, or emergency situations. Collier County and/or its agents will provide BOEM all appropriate Dredging Quality Management (DQM) or other equivalent data acquired during the project using procedures Page 6 of 30 CAC October 23,2014 VII-3 Staff Report 7 of 30 jointly developed by BOEM and the USACE's National Dredging Quality Management Data Program Support Center. Collier County will submit the DQM or other equivalent data, including draghead, cutterhead, or other hydraulic or mechanical dredging device biweekly to dredgeinfo wboem.gov. A summary dataset will be submitted within 90 days of completion of the Project. If available, Collier County will also submit Automatic Identification System (AIS) data for vessels qualifying under the International Maritime Organization's (IMO) International Convention for the Safety of Life at Sea. 6. Submittal of Production and Volume Information Collier County and/or its agents, in cooperation with the dredge operator, will submit to BOEM on a biweekly basis a summary of the dredge track lines, outlining any deviations from the original Plan. A color-coded map of the draghead, cutterhead or other hydraulic or mechanical dredging device will be submitted, showing any horizontal or vertical dredge violations. The dredge track lines will show dredge status, including: hotelling, dredging, transiting, and pump- out. This map will be provided in PDF format. Collier County and/or its agents will provide at least a biweekly update of the construction progress including estimated volumetric production rates to BOEM. The biweekly deliverables will be provided electronically to dredgeinfo!( boem.gov. The project completion report, as described below, will also include production and volume information, including Daily Operational Reports. 7. Local Notice to Mariners Collier County and/or its agents must require its contractor(s) for the Project to place a notice in the U.S. Coast Guard Local Notice to Mariners regarding the timeframe and location of dredging and construction operations in advance of commencement of dredging. 8. Marine Pollution Control and Contingency Plan Collier County and/or its agents must require its contractor(s) and subcontractor(s)to prepare for and take all necessary precautions to prevent discharges of oil and releases of waste and hazardous materials that may impair water quality. In the event of a discharge, release, or incident, notification and response must be in accordance with applicable requirements of 40 CFR part 300. All dredging and support operations must be compliant with U.S. Coast Guard regulations and the U.S. Environmental Protection Agency's Vessel General Permit, as applicable. Collier County and/or its agents must notify BOEM of any noncompliant discharges, releases, or incidents and subsequent remedial actions taken, and provide copies of all reports of the incident and resultant actions electronically. 9. Bathymetric Surveys Collier County and/or its agents will provide BOEM with pre- and post-dredging bathymetric surveys of Borrow Area T-1. The pre-dredging survey will be conducted within 60 days prior to dredging. The post-dredging survey will be conducted within 60 days after the completion of dredging. If, within the next 1 to 3 years, the County conducts any bathymetric surveys of Borrow Area T-1, copies of the survey(s) will be provided to BOEM. Hydrographic surveys will Page 7 of 30 CAC October 23,2014 VII-3 Staff Report 8 of 30 be performed in accordance with the USACE Hydrographic Surveying Manual EM 1110-2- 1003, providing 100 percent seamless coverage using interferometric swath or multibeam bathymetry. All bathymetric data will be roll, pitch, heave, and tide corrected using accepted practices. Three equidistant cross-tie lines will be established parallel to the same baseline. All survey lines will extend at least 50 meters beyond the edge of the dredge areas. All data will be collected in such a manner that post-dredging bathymetry survey data is compatible with the pre- dredging bathymetric survey data to enable the latter to be subtracted from the former to calculate the volume of sand removed, the shape of the excavation, and nature of post-dredging bathymetric change. Copies of pre- and post-dredging hydrographic data will be submitted to BOEM via dredgeinfora?boem.gov within thirty (30) days after each survey is completed. The delivery format for data submission is an ASCII file containing x, y, and z data. The horizontal data will be provided in the North American Datum of 1983 (NAD '83) Florida State Plane, U.S. survey feet. Vertical data will be provided in the North American Vertical Datum of 1988 (NAVD '88), U.S. survey feet unless otherwise specified. An 8.5-x-11-inch plan view plot of the survey track points, as well as contour lines, will be provided at appropriate elevation intervals. These plots will be provided in PDF format. Survey metadata will also be provided. 10. Archaeological Resources Onshore Prehistoric or Historic Resources If Collier County discovers any previously unknown historic or archaeological resources while accomplishing the project nearshore of or in the vicinity of Vanderbilt Beach, Pelican Bay, Park Shore, or Naples Beach, Collier County will notify BOEM of any finding. Collier County will initiate the Federal and state coordination required to determine if the resources warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, and appropriate action for the resolution of adverse effects. Offshore Prehistoric or Historic Resources In the event that the dredge operators discover any archaeological resources while conducting dredging operations in the borrow area or in the vicinity of pump-out operations, Collier County will require that dredge and/or pump-out operations be halted immediately within 305 meters (1,000 feet) of the area of discovery. Collier County will immediately report the discovery to Chief, Division of Environmental Assessment, BOEM, at (703) 787-1660. If investigations determine that the resource is significant, the Parties will together determine the necessary further action required and how best to protect the resources. 11. Project Completion Report Consistent with Paragraph 14, a project completion report will be submitted by Collier County to BOEM within 90 days following completion of the activities authorized under this Lease. This report and supporting materials must be sent in writing and electronically to: Chief, Marine Minerals Branch, BOEM, 381 Elden Street, HM 3120, Herndon, Virginia 20170 and dredgeinforaboem.gov. The report must contain, at a minimum,the following information: Page 8 of 30 CAC October 23,2014 VII-3 Staff Report 9 of 30 • the names and titles of the project managers overseeing the effort(for Collier County,the engineering firm (if applicable), and the contractor), including contact information (phone numbers, mailing addresses, and email addresses); • the location and description of the project, including as-built features, boundaries and acreage,the constructed beach width and length,the final total volume of material extracted from the borrow area and the volume of material actually placed on the beach or shoreline(including a description of the volume calculation method used to determine these volumes); • DQM or equivalent data, in ASCII files containing the x, y, z and time stamp of the cutterhead or drag arm locations; • a table, an example of which is illustrated below, showing the various key project cost elements; Cost Incurred as of Item Construction Completion (5) Construction Engineering and Design Inspections/Contract Administration Total • a table, an example of which is illustrated below, showing the various items of work construction, final quantities, and monetary amounts; Item Item Estimated Final No. Quantity Quantity 1 Mobilization and Demobilization 2 Beach Fill 3 Any beach or offshore hard structure placed or removed • a listing of construction and construction oversight information, including the prime and subcontractor(s), contract costs, other relevant construction information; • a list of all major equipment used to construct the project; • a narrative discussing the construction sequences and activities, and, if applicable, any problems encountered and solutions; • a list and description of any construction change orders issued, if applicable; • a list and description of any safety-related issues or accidents reported during the life of the project; Page 9 of 30 CAC October 23,2014 VII-3 Staff Report 10 of 30 • a narrative and any appropriate tables describing any environmental surveys or efforts associated with the project and costs associated with these surveys or efforts; • a table listing significant construction dates beginning with bid opening and ending with final acceptance of the project by Collier County; • digital data containing the as-built drawings, beach-fill cross-sections, and survey data; • any additional pertinent comments. 12. Reporting Compliance Collier County and/or their agents will designate, in advance of construction, a single point-of- contact responsible for facilitation of compliance with all Lease requirements. BOEM also requests the County designate a back-up contact, should the original contact be unavailable. The contact information will be provided to BOEM at dredgeinfo@boem.gov at least 30 days in advance of dredging and construction operations. The Parties will attempt to reasonably comply with the provisions of this Lease. Should there be an allegation of a failure to comply, the noncompliance will be corrected as soon as possible and/or resolved jointly among BOEM and the County, including through the dispute resolution process identified in Paragraph 15, as necessary. 13. Responsibilities As between BOEM and the County, the County assumes all responsibility for the Project, activities authorized under this Lease, and the determination of the suitability of OCS sand resources for these purposes. BOEM does not warrant that the OCS sand resources used in this Project are suitable for the purpose for which they are intended by the County, and BOEM disclaims any and all responsibility for the physical and financial activities undertaken by the County or any other parties in pursuit of the Project. 14. Sharing of Information Consistent with the purpose stipulated by the Parties in this Lease, and to the extent allowed by law, policy, and regulation, the County and BOEM agree to (1) share all information needed for or generated from the Project, including the sharing of implementation and other applicable schedules; (2) provide such information to the requesting agency as expeditiously as possible; and (3) work to ensure that all required completion report information is received. 15. Resolution of Disputes The Parties agree to make every attempt to settle any disputes regarding this Lease at the lowest operational level possible. In the case of(1) a substantial disagreement between BOEM and the County with respect to any aspect of BOEM's authorization of the use of OCS sand resources in accordance with the terms and conditions as specified or (2) any alleged breach by a Party of the terms and conditions as specified herein, the undersigned will designate a senior management official in their respective organization to state the area(s) of disagreement or alleged breach in writing and present such statement to the other Party for consideration. If resolution is not Page 10 of 30 CAC October 23,2014 VII-3 Staff Report 11 of 30 reached within 60 days, the undersigned will request the active participation of the County Manager, Collier County and the Deputy Director, BOEM. 16. Notices Except as otherwise provided herein, all notices relating to this Lease or activities authorized hereunder by or among the Parties must be provided to the following addresses: To Collier County: Leo E. Ochs, Jr. County Manager Collier County 3299 Tamiami Trail East, Suite 202 Naples, FL 34112-5746 [[Preparer's Note: Please confirm the contact name and address.JJ To BOEM: Jeffrey Reidenauer Chief, Marine Minerals Branch Bureau of Ocean Energy Management 381 Elden Street HM 3120 Herndon, Virginia 20170 All electronic notifications, submissions and deliverables to BOEM should be sent to: dredgeinfo«%.boem.gov. 17. Miscellaneous This Lease does not affect any preexisting or independent relationships or obligations among the Parties, including any other relationships or obligations between BOEM and the County, or any other units of such Departments or agencies. All rights in the borrow area not expressly granted to the County by this Lease are hereby reserved to BOEM. BOEM reserves the right to authorize other uses in the borrow area that will not unreasonably interfere with activities authorized under this Lease. BOEM will allow Collier County to review and comment on any proposed authorizations for the use of OCS sand resources in the borrow area while this Lease is in effect. Nothing herein is intended to conflict with current BOEM or County statutes, regulations or ordinances. If the terms of this Lease are inconsistent with existing statutes, regulations or ordinances of either of the Parties entering into this Lease, then those portions of this Lease that are determined to be inconsistent will be invalid, but the remaining terms and conditions not affected by the inconsistency will remain in full force and effect. At the first opportunity for review of the Lease, all necessary changes will be accomplished either by an amendment to this Page 11 of 30 CAC October 23,2014 VII-3 Staff Report 12 of 30 Lease or by entering into a new Lease, whichever is deemed expedient to the interests of the Parties. This agreement may be executed in two (2) or more counterparts, each of which will be deemed an original. The signatures to this agreement may be executed on separate pages, and when attached to this agreement, will constitute one complete document. The remainder of this page intentionally left blank. Page 12 of 30 CAC October 23,2014 VII-3 Staff Report 13 of 30 LEASE BETWEEN THE BUREAU OF OCEAN ENERGY MANAGEMENT OF THE DEPARTMENT OF THE INTERIOR AND COLLIER COUNTY,FLORIDA REGARDING THE USE OF OUTER CONTINENTAL SHELF SAND RESOURCES FOR BEACH RENOURISHMENT IN COLLIER COUNTY,FLORIDA BOEM Negotiated Agreement No. OCS-G 35160 L. Renee Orr Fred W. Coyle Chief, Office of Strategic Resources Chairman Bureau of Ocean Energy Management Collier County Board of Commissioners Department of the Interior Collier County, Florida Date: Date: [[Preparer's Note: Please confirm the signatory for this lease.JJ Page 13 of 30 CAC October 23,2014 VII-3 Staff Report 14 of 30 This page intentionally left blank Page 14 of 30 CAC October 23,2014 VII-3 Staff Report 15 of 30 REDFISH a PASS k W CAPTIVA `. w w w ISLAND LIND „,c;, ASS SANIBEL ISLAND SAN 0 Q '',„:'''-'4,i7;,-.... CARLOS ' ¢�4` BAY ■....„,. 1;a o°R i - \ ESTERO ISLAND --t6- o Q )it. LOVERS KEY o :ORROW\ 'Z• AREA T1 N °, 33 M/LESt 1`\ WIGGINS BAREFOOT PASS `);� BAREFOOT -\ R r)'." VANDERBILT N7au A;it N 700090 DELN — °'.. BEACH WIGGI Ra.,; 1 STATE P RK CLAM R414" ` PARK I PASS SHORE 9 MILE LIMIT R5u.I: I DOCTORS �, ASS NAPLES GULF 1 OFl 0‘.1;X:3, MEXICO N N hi= , 13:i! z 1 v' * ORDON ,\� SS ,. 0 20000 40000 ''` CAP PASS }. BIG CO PASS '� `�'"' GRAPHIC SCALE IN FT +14> \ Et HIDEA AY 9•. ' I BEACn� - " N 33333 ,..; ,SOUTH � � '" ISLAND ° +, \ NOTES: \ CAXAMBAS . a • t. i_ d 1.COORDINATES HEREON ARE BASED ON FLORIDA STATE \PASS , PLANE COORDINATE SYSTEM, EAST ZONE,NAD 1983. \ ea. / 2. ELEVATIONS SHOWN HEREON ARE IN FEET BASED ON \ NATIONAL GEODETIC VERTICAL DATUM, 1929(NGVD 29). \ \ \ I Attachment 1 —Map Showing Borrow Area T-1 and General Project Area Page 15 of 30 CAC October 23,2014 VII-3 Staff Report 16 of 30 52 BAREFOOT BEACH �i •i5 Id M I T ALLAHASSEE JACKSONVILLE Vt7GGINS PASS LI DELNOR-WIGGI `�' � PROJECT ORLANDO Sr .STATE PARK n 7 5 LOCATION \\TAMPA ATLANTIC OCEAN _ HENDRY CO. 0 BOCA I� LEE RATON ' VANDERBILT GO. ' MIAMI c.VANDERBILT', BEACH cOG�'F m /LF N 7GJCIX v`�' �`� 4, 4' OF ��� MEXICO 'mod g "NSA : I 'I2 0 GULF MONROECO. C!. MEXICO 0 l PELICAN i PELICAN ° s \ N BAY BAY 9.5 \\ PARK Y1 I j' ..7 \ SHORE • R40 \ CLAM PASS \ \ — SR 896 PERMITTED I j N 680000 Nw000 PIPELINE / CORRIDOR 111�r J -�-1 - - - --- 411--1111+ PARK SHORE +i DOCT 4 RS PASS . SR 866 l 1 \� 20' CONTOUR ** s + NAPLES ! SR 856 �I - NAPLES --s �` N(86000 �Y`�S - OW N 86O(W i z \ a4�I �� MO SR 84•�z LEGEND: 11 __--= PERMITTED PIPELINE CORRIDOR v I \I* ) I I PROJECT LIMITS \ ) %f ,,o;, PROPOSED FILL AREAS 'C\ F\.\`S PELICAN BAY FILL AREA GULF •• l Es PROPOSED AR OF > OPERATIONAL AL AREAS ® PERMITTED OFFSHORE MEXi O 1 OPERATIONAL AREAS I 1•-T ROYAL R70 FDEP MONUMENTS GORDON PASS 0 NOTES: 1. COORDINATES ARE IN FEET ° \ BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, $ „« C 4000___-_000 8000 EAST ZONE,NORTH AMERICAN " °}'I ° `� DATUM OF 1983(NAD83). w , } ° GRAPHIC SCALE IN FT 2. FILL WIDTHS ARE NOT TO SCALE. 1, . �, Attachment 2 —Map Showing Location of Sand Placement Sites Page 16 of 30 CAC October 23,2014 VII-3 Staff Report 17 of 30 Attachment 3—Summary of Final Biological Opinion Summaries' of ESA Section 7 Conditions per NMFS Biological Opinion dated August 13, 2013 Conditions written for BOEM per the August 13,2013 biological opinion entitled "Lease of Borrow Area Ti to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER-2012-9274)" (http://www.boem.gov/Non-Energy-Minerals/Marine-Mineral-Projects.aspx): Incidental Take Sea Turtles Based on historical distribution data, hopper dredge observer reports, nesting data, relocation trawling information, and observations of past strandings, loggerhead, Kemp's ridley, and green sea turtles may occur in the action area and may be taken by the relocation trawling or hopper dredging operations in federal waters for this project. NMFS anticipates that documented (i.e., by onboard observers) incidental take in federal waters, by hopper dredge entrainment, will consist of 2 sea turtle mortalities (either 2 loggerheads or 1 loggerhead and 1 Kemp's ridley). NMFS also anticipates the non-injurious incidental take, by relocation trawling, of 100 sea turtles (75 loggerheads, 10 Kemp's ridleys, and 15 green sea turtles) during the 120 days of the hopper dredging in federal waters. Takes by Hopper Dredge Takes by Relocation Trawling Species Observed Take# Species Observed Take Loggerhead 2 Loggerhead 75 OR Kemp's ridley 10 Loggerhead 1 Green 15 Kemp's ridley 1 Total ? * Total 100* "Does not account for 2 unobserved takes that *No lethal take authorized for relocation N1\ffS assumes will be loggerheads trawling 1. The following terms and conditions implement the Reasonable and Prudent Measures (RPM): 1. An endangered species project report summarizing the results of the dredging and the sea turtle take (if any) must be submitted to BOEM within 30 working days of completion. Reports shall contain information on project location, start-up and completion dates, cubic yards of material dredged, problems encountered, incidental takings (include photographs, if available) and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent observer Attachment 3 is a summary provided for your reference;to the extent it differs or conflicts with the Biological Opinion,the terms and conditions of the Biological Opinion govern. Page 17 of 30 CAC October 23,2014 VII-3 Staff Report 18 of 30 coverage, and any other information the BOEM and/or contractor deems relevant. This report must be provided to NMFS"s PRD at the address provided in RPM 1 above and notification of take shall be provided to NMFS at the following e-mail address within 24 hours, referencing the present opinion by NMFS identifier number (SER-2012-9274), title, and date: takereport.nmfsser @noaa.gov. BOEM shall provide NMFS's Southeast Regional Office (address provided in RPM 1 above) with an end-of-project relocation trawling report within 30 days of completion of any relocation trawling. This report may be included within the project report (RPM 1). 2. Collier County shall notify the BOEM of the start-up and completion of hopper dredging operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of the STSSN personnel, bear signs of potential draghead impingement or entrainment. Information on any such strandings shall be reported in writing within 30 days of project end to BOEM, or included in the project report(Term and Condition # 1). 3. Collier County shall arrange for NMFS-approved protected species observers to be aboard the hopper dredge to monitor the hopper bin, screening, and dragheads for sea turtles and their remains. For the proposed action, 100 percent observer monitoring is required. Beach observers cannot be used in place of shipboard observers for hopper dredging of borrow areas (RPM 2). 4. Relocation trawling is required to commence 24 hours prior to dredging and will continue throughout the dredging portion of the project. (RPM 3). 5. The following conditions must be observed during relocation trawling. (RPM 3): a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling during Trawling: Sea turtles and smalltooth sawfish2 captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, by implementing the measures below. c. Captured Turtle Holding Conditions: Captured turtles shall be kept moist, and shaded whenever possible, until they are released. They may be held for up to 24 hours if opportunistic, ancillary, "piggy-back" research (e.g., opportunistic satellite tagging) is proposed. NMFS encourages Collier County to make fuller use of protected species taken during hopper dredging and relocation trawling by allowing and encouraging duly permitted "piggy-back" research projects on protected species taken during these activities (In accordance with the GRBO's T&C 15-d, Conservation Recommendation 5). d. Weight and Size Measurements: All turtles shall be measured (standard carapace measurements including body depth) and tagged (Passive Integrative Transponder [PIT] or Inconel), and weighed prior to release when safely possible; smalltooth sawfish shall be measured (fork length and total length) and—when safely possible—tagged, weighed, and a tissue sample taken prior to release. Only NMFS-approved observers or observer candidates in training 2 Although smalltooth sawfish trawl captures are not expected,these terms and conditions are included for such an eventuality. Any take of sawfish would require immediate reinitiation of consultation with NMFS. Page 18 of 30 CAC October 23,2014 VII-3 Staff Report 19 of 30 under the direct supervision of a NMFS-approved observer shall conduct the tagging/measuring/weighing/tissue sampling operations. Flipper Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This Biological Opinion serves as the permitting authority for any NMFS-approved endangered species observer a relocation trawler to flipper-tag with external tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. PIT Tagging and Scanning: All sea turtles captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a scanner powerful enough to read dual frequencies (125 and 134 kHz)and read tags deeply embedded deep in muscle tissue (e.g., manufactured by Biomark or Avid). Turtles which have been previously PIT tagged shall never-the-less be externally flipper tagged. The data collected (PIT-tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis @noaa.gov. PIT tagging may only be conducted by observers with PIT-tagging training or experience. This Biological Opinion provides the authority to NMFS-approved observers to PIT tag captured sea turtles without the need for an ESA Section 10 permit. e. Take and Release Time During Trawling- Turtles: Turtles shall be kept no longer than 12 hours prior to release (except as noted in 5.c. above) and shall be released not less than 3 nautical miles (nm) from the dredge site. Recaptured turtles shall be released not less than 5 nm away and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). If it can be done safely, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling — Smalltooth Sawfish: Smalltooth sawfish shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank(e.g., plastic "kiddie pool" not less than 1 ft in depth by 5 ft in diameter), where a maximum of one sawfish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Quota: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the incidental take quota. Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported by Collier County and/or its representative at their own expense to the nearest sea turtle rehabilitation facility; all rehabilitation costs and sea turtle transportation costs shall be borne by Collier County. h. CMTTP: External flipper tag and PIT-tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), Page 19 of 30 CAC October 23,2014 VII-3 Staff Report 20 of 30 on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. i. Tissue Sampling: All live or dead sea turtles captured by relocation trawling or dredging shall be tissue-sampled prior to release, according to the protocols described in Appendix II or Appendix III of the November 19, 2003, Gulf of Mexico Regional Biological Opinion on Hopper Dredging, as revised through Revision No. 2, included as Appendix 1 of the Biological Opinion. Tissue samples shall be sent within 60 days of capture to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn:Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All data collected shall be submitted in electronic format within 60 working days to Lisa.Belskis @noaa.gov. The present opinion to BOEM serves as the permitting authority for any NMFS-approved endangered species observers aboard relocation trawlers or hopper dredges to tissue sample live- or dead-captured sea turtles, without the need for an ESA Section 10 permit. 6. For the proposed action, 100 percent shipboard observer monitoring is required year-round. If conditions disallow 100 percent inflow screening, inflow screening can be reduced gradually, but 100 percent overflow screening is required, and an explanation must be included in the project report. The hopper's inflow screens should have 4-inch by 4-inch screening. If BOEM, in consultation with observers and the draghead operator, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9- inch, then 12-inch by 12-inch openings. NMFS believes that this flexible, graduated-screen option may be necessary since the need to constantly clear the inflow screens will increase the time it takes to complete the project; therefore, it will increase the exposure of sea turtles to the risk of impingement or entrainment Inflow screen clogging should be greatly reduced with these flexible options; however, further clogging (e.g., as when encountering heavy clay or debris) may compel removal of the inflow screening altogether, in which case effective 100 percent overflow screening is mandatory. Collier County shall notify BOEM beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. No action to increase inflow screening should be completed until Collier County has BOEM/NMFS approval. NMFS, in consultation with the dredging company, Collier County, and BOEM, shall determine what constitutes effective overflow screening(RPM 4). 2. Collier County has further agreed to comply with portions of the NMFS' Sea Turtle and Smalitooth Sawfish Construction Conditions (Appendix 3 of the "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER-2012- 9274)): The permittee (i.e., Collier County and its agents and contractors) shall comply with the following protected species construction conditions: a. The permittee shall instruct all personnel associated with the project of the potential presence of these species and the need to avoid collisions with sea turtles and smalltooth sawfish. 3 Note that these conditions exclude the Incidental Take Statement. Page 20 of 30 CAC October 23,2014 VII-3 Staff Report 21 of 30 All construction personnel are responsible for observing water-related activities for the presence of these species. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing sea turtles or smalltooth sawfish, which are protected under the Endangered Species Act of 1973. c. Siltation barriers shall be made of material in which a sea turtle or smalltooth sawfish cannot become entangled, be properly secured, and be regularly monitored to avoid protected species entrapment. Barriers may not block sea turtle or smalltooth sawfish entry to or exit from designated critical habitat without prior agreement from the National Marine Fisheries Service's Protected Resources Division, St. Petersburg, Florida. d. All vessels associated with the construction project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water depths where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will preferentially follow deep-water routes (e.g., marked channels) whenever possible. e. If a sea turtle or smalltooth sawfish is seen within 100 yards of the active daily construction/dredging operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include cessation of operation of any moving equipment closer than 50 feet of a sea turtle or smalltooth sawfish. Operation of any mechanical construction equipment shall cease immediately if a sea turtle or smalltooth sawfish is seen within a 50-ft radius of the equipment. Activities may not resume until the protected species has departed the project area of its own volition. f. Any collision with and/or injury to a sea turtle or smalltooth sawfish shall be reported immediately to the National Marine Fisheries Service's Protected Resources Division (727-824- 5312) and the local authorized sea turtle stranding/rescue organization. g. Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the primary consultation. 3. Collier County will comply with the reasonable and prudent measures, and implementing terms and conditions, of NMFS' 2003 Gulf of Mexico regional biological opinion (GRBO) to the United States Army Corps of Engineers (USACE), as amended through Revision 2 dated January 9, 2007 (Appendices 1 and 2 of the "Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project (Consultation Number SER- 2012-9274)": 1. Hopper Dredging: Hopper dredging activities in Gulf of Mexico waters from the Mexico-Texas border to Key West, Florida, up to one mile into rivers shall be completed, whenever possible, between December 1 and March 31, when sea turtle abundance is lowest throughout Gulf coastal waters. Hopper dredging of Key West channels are covered by the existing September 25, 1997, RBO to the [USACE]'s South Atlantic Division (SAD). Page 21 of 30 CAC October 23,2014 VII-3 Staff Report 22 of 30 2. Non-hopper Type Dredging: Pipeline or hydraulic dredges, because they are not known to take turtles, must be used whenever possible between April 1 and November 30 in Gulf of Mexico waters up to one mile into rivers. This should be considered particularly in channels such as those associated with Galveston Bay and Mississippi River- Gulf Outlet (MR- GO), where lethal takes of endangered Kemp's ridleys have been documented during summer months, and Aransas Pass, where large numbers of loggerheads may be found during summer months. In the MR-GO, incidental takes and sightings of threatened loggerhead sea turtles have historically been highest during April and October. 3. Annual Reports: The annual summary report, discussed below (No. 9), must give a complete explanation of why alternative dredges (dredges other than hopper dredges) were not used for maintenance dredging of channels between April and November. 4. Observers: The [USACE] shall arrange for NMFS-approved protected species observers to be aboard the hopper dredges to monitor the hopper bin, screening, and dragheads for sea turtles and Gulf sturgeon and their remains. a. Brazos Santiago Pass east to Key West, Florida: Observer coverage sufficient for 100% monitoring (i.e., two observers) of hopper dredging operations is required aboard the hopper dredges year-round from Brazos Santiago Pass to (not including) Key West, Florida, between April 1 and November 30, and whenever surface water temperatures are 11 degrees C or greater. b. Observer coverage of hopper dredging of sand mining areas shall ensure 50% monitoring(i.e., one observer). c. Observers are not required at any time in Mississippi River - Southwest Pass (MRSWP). 5. Operational Procedures: During periods in which hopper dredges are operating and NMFS-approved protected species observers are not required (as delineated in No. 4 above), the appropriate [USACE] District must: a. Advise inspectors, operators, and vessel captains about the prohibitions on taking, banning, or harassing sea turtles. b. Instruct the captain of the hopper dredge to avoid any turtles and whales encountered while traveling between the dredge site and offshore disposal area, and to immediately contact the [USACE] if sea turtles or whales are seen in the vicinity. c. Notify NMFS if sea turtles are observed in the dredging area, to coordinate further precautions to avoid impacts to turtles. d. Notify NMFS immediately by phone (727/824-5312), fax (727/824-5309), or electronic mail (takereport.nmfsser @noaa.gov) if a sea turtle or Gulf sturgeon or any other threatened or endangered species is taken by the dredge. Page 22 of 30 CAC October 23,2014 VII-3 Staff Report 23 of 30 6. Screening: When sea turtle observers are required on hopper dredges, 100% inflow screening of dredged material is required and 100% overflow screening is recommended. If conditions prevent 100% inflow screening, inflow screening may be reduced gradually, as further detailed in the following paragraph, but 100%overflow screening is then required. a. Screen Size: The hopper's inflow screens should have 4-inch by 4-inch screening. If the [USACE], in consultation with observers and the draghead operator, determines that the draghead is clogging and reducing production substantially, the screens may be modified sequentially: mesh size may be increased to 6-inch by 6-inch, then 9-inch by 9-inch, then 12-inch by 12-inch openings. Clogging should be greatly reduced with these flexible options; however, further clogging may compel removal of the screening altogether, in which case effective 100% overflow screening is mandatory. The [USACE] shall notify NMFS beforehand if inflow screening is going to be reduced or eliminated, and provide details of how effective overflow screening will be achieved. b. Need for Flexible, Graduated Screens: NMFS believes that this flexible, graduated screen option is necessary, since the need to constantly clear the inflow screens will increase the time it takes to complete the project and therefore increase the exposure of sea turtles to the risk of impingement or entrainment. Additional ly, there are increased risks to sea turtles in the water column 'when the inflow is halted to clear screens, since this results in clogged intake pipes, which may have to be lifted from the bottom to discharge the clay by applying suction. c. Exemption - MR-SWP: Screening is not required at any time in Mississippi River—Southwest Pass (MR-SWP). 7. Dredging Pumps: Standard operating procedure shall be that dredging pumps shall be disengaged by the operator when the dragheads are not firmly on the bottom, to prevent impingement or entrainment of sea turtles within the water column. This precaution is especially important during the cleanup phase of dredging operations when the draghead frequently comes off the bottom and can suck in turtles resting in the shallow depressions between the high spots the draghead is trimming off. 8. Sea Turtle Deflecting Draghead: A state-of-the-art rigid deflector draghead must be used on all hopper dredges in all Gulf of Mexico channels and sand mining sites at all times of the year except that the rigid deflector draghead is not required in MR-SWP at any time of the year. 9. Dredge Take Reporting: Observer reports of incidental take by hopper dredges must be faxed or e-mailed to NMFS' Southeast Regional Office [fax: (727) 824-5309; e-mail: takereport.nmfsser @noaa.gov] by onboard NMFS-approved protected species observers within 24 hours of any sea turtle, Gulf sturgeon, or other listed species take observed. A preliminary report summarizing the results of the hopper dredging and any documented sea turtle or Gulf sturgeon takes must be submitted to NMFS within 30 working days of completion of any dredging project. Reports shall contain information on project location (specific channel/area dredged), start-up and completion dates, cubic yards of material dredged, Page 23 of 30 CAC October 23,2014 VII-3 Staff Report 24 of 30 problems encountered, incidental takes and sightings of protected species, mitigative actions taken (if relocation trawling, the number and species of turtles relocated), screening type (inflow, overflow) utilized, daily water temperatures, name of dredge, names of endangered species observers, percent observer coverage, and any other information the [USACE] deems relevant. An annual report (based on fiscal year) must be submitted to NMFS summarizing hopper dredging projects and documented incidental takes. 10. Sea Turtle and Gulf Sturgeon Strandings: The [USACE] or its designated representative shall notify the Sea Turtle Stranding and Salvage Network (STSSN) state representative (contact information available at: http://wwvv.sefsc.noaa.gov/seaturtleSTSSN.jsp) of the start-up and completion of hopper dredging, bed-leveler dredging, and relocation trawling operations and ask to be notified of any sea turtle strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Similarly, the [USACE] shall notify NMFS SERO PRD of any Gulf sturgeon strandings in the project area that, in the estimation of STSSN personnel, bear signs of potential draghead impingement or entrainment, or interaction with a bed-leveling type dredge. Information on any such strandings shall be reported in writing within 30 days of project completion to NMFS' Southeast Regional Office. Because the deaths of these turtles, if hopper dredge or bed-leveler dredge related, have already been accounted for in NMFS'jeopardy analysis, these strandings will not be counted against the [USACE]'s take limit. 11. Reporting- Strandings: Each [USACE] District shall provide NMFS' Southeast Regional Office with an annual report detailing incidents, with photographs when available, of stranded sea turtles and Gulf sturgeon that bear indications of draghead impingement or entrainment or any dredge-type interaction. This reporting requirement may be included in the end-of-year report required in Term and Condition No.9, above. 12. District Annual Relocation Trawling Report: Each [USACE] District shall provide NMFS' Southeast Regional Office with end-of-project reports within 30 days of completion of relocation trawling projects, and an annual report summarizing relocation trawling efforts and results within their District. The annual report requirement may be included in the end-of-year report required in Term and Condition No. 9, above. 13. Conditions Requiring Relocation Trawling: Handling of sea turtles and Gulf sturgeon captured during relocation trawling in association with hopper dredging projects in Gulf of Mexico navigation channels and sand mining areas shall be conducted by NMFS approved protected species observers. Relocation trawling shall be undertaken by the [USACE] at all projects where any of the following conditions are met; however, other ongoing projects not meeting these conditions are not required to conduct relocation trawling: a. Two or more turtles are taken in a 24-hour period in the project. b. Four or more turtles are taken in the project. c. 75% of any of the incidental take limits, including per species limits, specified in Section 8.1, has previously been met. Page 24 of 30 CAC October 23,2014 VII-3 Staff Report 25 of 30 14. Relocation Trawling Waiver: For individual projects the affected [USACE] District may request by letter to NMFS a waiver of part or all of the relocation trawling requirements. NMFS will consider these requests and decide favorably if the evidence is compelling. 15. Relocation Trawling- Annual Take Limits4: Relocation trawling, and handling of those captured threatened or endangered species by NMFS-approved protected species observers, in association with all relocation trawling conducted or contracted by the four Gulf of Mexico [USACE] Districts to temporarily reduce or assess the abundance of these listed species during, and in the 0-3 days immediately preceding, a hopper dredging or bed-leveling project in order to reduce the possibility of lethal hopper dredge or bed-leveler interactions, subject to the following conditions: a. Trawl Time: Trawl tow-time duration shall not exceed 42 minutes (doors in — doors out) and trawl speeds shall not exceed 3.5 knots. b. Handling During Trawling: Sea turtles and Gulf sturgeon captured pursuant to relocation trawling shall be handled in a manner designed to ensure their safety and viability, and shall be released over the side of the vessel, away from the propeller, and only after ensuring that the vessel's propeller is in the neutral, or disengaged, position (i.e., not rotating). Resuscitation guidelines are found in Appendix IV of the 2007 NMFS BO. c. Captured Turtle and Gulf Sturgeon Holding Conditions: Turtles and Gulf sturgeon may be held briefly for the collection of important scientific measurements, prior to their release. Captured sea turtles shall be kept moist, and shaded whenever possible, until they are released, according to the requirements of Terms and Conditions (T&C) 15-e, below. Captured Gulf sturgeon shall be held in a suitable wen-aerated seawater enclosure until they are released, according to the conditions of T&C 15-f, below. d. Scientific Measurements: When safely possible, all turtles shall be measured (standard carapace measurements including body depth), tagged, weighed, and a tissue sample taken prior to release. When safely possible, all Gulf sturgeon shall be measured (fork length and total length), tagged, weighed, and a tissue sample taken prior to release. Any external tags shall be noted and data recorded into the observers log. Only NMFS- approved protected species observers or observer candidates in training under the direct supervision of a NMFS-approved protected species observer shall conduct the tagging/measuring/weighing/tissue sampling operations. NMFS-approved protected species observers may conduct more invasive scientific procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) and partake in or assist in "piggy back" research projects but only if the observer holds a valid federal sea turtle or Gulf sturgeon research permit (and any required state permits) authorizing the activities, either as the permit holder, or as 4 This GRBO included a take statement for relocation trawling which does not apply to activities conducted under this Collier County Lease. Please see page 17 of this Lease for the takes anticipated for this project,as described in the BOEM- NMFS Biological Opinion specific to this Lease and activities conducted pursuant to this Lease. Page 25 of 30 CAC October 23,2014 VII-3 Staff Report 26 of 30 designated agent of the permit holder, and has first notified NMFS' Southeast Regional Office, Protected Resources Division. e. Take and Release Time During Trawling - Turtles: Turtles shall be kept no longer than 12 hours prior to release and shall be released not less than 3 (three) nautical miles (nmi) from the dredge site. If two or more released turtles are later recaptured, subsequent turtle captures shall be released not less than 5 (five) nmi away. If it can be done safely and without injury to the turtle, turtles may be transferred onto another vessel for transport to the release area to enable the relocation trawler to keep sweeping the dredge site without interruption. f. Take and Release Time During Trawling- Gulf Sturgeon: Gulf sturgeon shall be released immediately after capture, away from the dredge site or into already dredged areas, unless the trawl vessel is equipped with a suitable well-aerated seawater holding tank, container, trough, or pool where a maximum of one fish may be held for not longer than 30 minutes before it must be released or relocated away from the dredge site. g. Injuries and Incidental Take Limits: Any protected species injured or killed during or as a consequence of relocation trawling shall count toward the Gulf-wide limit for injurious or lethal takes during relocation trawling (0-2 sea turtles and 0-1 Gulf sturgeon per fiscal year). Minor skin abrasions resulting from trawl capture are considered non-injurious. Injured sea turtles shall be immediately transported to the nearest sea turtle rehabilitation facility. h. Turtle Flipper External Tagging: All sea turtles captured by relocation trawling shall be flipper-tagged prior to release with external tags which shall be obtained prior to the project from the University of Florida's Archie Carr Center for Sea Turtle Research. This opinion serves as the permitting authority for any NMFS-approved protected species observer aboard these relocation trawlers to flipper-tag with external-type tags (e.g., Inconel tags) captured sea turtles. Columbus crabs or other organisms living on external sea turtle surfaces may also be sampled and removed under this authority. i. PIT Tagging: This opinion serves as the permitting authority for any NMFS approved protected species observer aboard a relocation trawler to PIT-tag captured sea turtles and Gulf sturgeon. PIT tagging of sea turtles and Gulf sturgeon is not required to be done, if the NMFS-approved protected species observer does not have prior training or experience in said activity; however, if the observer has received prior training in PIT tagging procedures,then the observer shall PIT tag the animal prior to release(in addition to the standard external tagging): Sea turtle PIT tagging must then be performed in accordance with the protocol detailed at NMFS' Southeast Fisheries Science Center's Web page: http://www.sefsc.noaa.gov/seaturtlefisheriesobservers.jsp (See Appendix on SEFSC's "Fisheries Observers" Web page); Gulf sturgeon PIT tagging must then be performed in accordance with the protocol detailed at the NMFS SERO PRD Web site address: Page 26 of 30 CAC October 23,2014 VII-3 Staff Report 27 of 30 http://sero.nmfs.noaa.gov/pr/protres.htm. PIT tags used must be sterile, individually- wrapped tags to prevent disease transmission. PIT tags should be 125-kHz, glass- encapsulated tags-the smallest ones made. Note: If scanning reveals a PIT tag and it was not difficult to find, then do not insert another PIT tag; simply record the tag number and location, and frequency, if known. If for some reason the tag is difficult to detect (e.g., tag is embedded deep in muscle, or is a 400-kHz tag), then insert one in the other shoulder. j. Other Sampling Procedures: All other tagging and external or internal sampling procedures (e.g., blood letting, laparoscopies, anal and gastric lavages, mounting satellite or radio transmitters, etc.) performed on live sea turtles or live Gulf sturgeon are not permitted under this opinion unless the observer holds a valid sea turtle sturgeon research permit authorizing the activity, either as the permit holder, designated agent of the permit holder. k. PIT-Tag Scanning and Data Submission Requirements: All sea turtles and Gulf sturgeon captured by relocation trawling or dredges shall be thoroughly scanned for the presence of PIT tags prior to release using a multi-frequency scanner powerful enough to read multiple frequencies (including 125-, 128-, 134-, and 400-kHz tags) and read tags deeply embedded in muscle tissue (e.g., manufactured by Trovan, Biomark, or Avid). Turtles whose scans show they have been previously PIT tagged shall nevertheless be externally flipper tagged. Sea turtle data collected (PIT tag scan data and external tagging data) shall be submitted to NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. All sea turtle data collected shall be submitted in electronic format within 60 days of project completion to Lisa.Belskis@noaa.gov and Sheryan.Epperly@noaa.gov. Sea turtle external flipper tag and PIT tag data generated and collected by relocation trawlers shall also be submitted to the Cooperative Marine Turtle Tagging Program (CMTTP), on the appropriate CMTTP form, at the University of Florida's Archie Carr Center for Sea Turtle Research. Gulf sturgeon data (PIT tag scan data and external tagging data) shall be submitted within 60 days of project completion to NOAA, National Marine Fisheries Service, Protected Resources Division, 263 13th Avenue South, St. Petersburg, Florida 33701, or by fax: (727) 824-5309; or by e-mail: takereport.nmfsser @noaa.gov, Attn: Dr. Stephania Bolden. I. Handling Fibropapillomatose Turtles: NMFS-approved protected species observers are not required to handle or sample viral fibropapilloma tumors if they believe there is a health hazard to themselves and choose not to. When handling sea turtles infected with fibropapilloma tumors, observers must either: 1) Clean all equipment that comes in contact with the turtle(tagging equipment, tape measures, etc.) with mild bleach solution, between the processing of each turtle or 2) maintain a separate set of sampling equipment for handling animals displaying fibropapilloma tumors or lesions. 16. Requirement and Authority to Conduct Tissue Sampling for Genetic Analyses: This opinion serves as the permitting authority for any NMFS-approved protected species observer Page 27 of 30 CAC October 23,2014 VII-3 Staff Report 28 of 30 aboard a relocation trawler or hopper dredge to tissue-sample live- or dead captured sea turtles, and live- or dead-captured Gulf sturgeon,without the need for an ESA section 10 permit. All live or dead sea turtles and Gulf sturgeon captured by relocation trawling and hopper dredging (for both [USACE]-conducted and [USACE]-permitted activities) shall be tissue- sampled prior to release. Sampling shall continue uninterrupted until such time as NMFS determines and notifies the [USACE] in writing that it has sufficient samples from specific areas across the Gulf of Mexico in order to obtain reliable genetic information on the nesting or sub- population identity of sea turtles and Gulf sturgeon being captured or lethally taken, to improve the effectiveness of future consultations. Sea turtle tissue samples shall be taken in accordance with NMFS' Southeast Fisheries Science Center's (SEFSC) procedures for sea turtle genetic analyses. The [USACE] shall ensure that tissue samples taken during a dredging project are collected and stored properly and mailed within 60 days of the completion of their dredging project to: NOAA, National Marine Fisheries Service, Southeast Fisheries Science Center, Attn: Lisa Belskis, 75 Virginia Beach Drive, Miami, Florida 33149. Gulf sturgeon tissue samples (i.e., fin clips or barbel clips) shall be taken in accordance with NMFS SERO's Protected Resources Division's Gulf Sturgeon Tissue Sampling Protocol found at the NMFS SERO PRD Web site address: http://sero.nmfs.noaa.gov/pr/protres.htm. The [USACE] shall ensure that tissue samples taken during a dredging project are collected and stored properly and mailed to SERO PRD (Attn: Dr. Stephania Bolden) within 60 days of the completion of their dredging project. 17. Hardground Buffer Zones: All dredging in sand mining areas will be designed to ensure that dredging will not occur within a minimum of 400 feet from any significant hardground areas or bottom structures that serve as attractants to sea turtles for foraging or shelter. NMFS considers (for the purposes of this opinion only) a significant hardground in a project area to be one that, over a horizontal distance of 150 feet, has an average elevation above the sand of 1.5 feet or greater, and has algae growing on it. The [USACE] Districts shall ensure that sand mining sites within their Districts are adequately mapped to enable the dredge to stay at least 400 feet from these areas. If the [USACE] is uncertain as to what constitutes significance, it shall consult with NMFS SERO's Habitat Conservation Division (727-824-5317) and NMFS' Protected Resources Division (727- 824-5312) for clarification and guidance. Walls of federally-maintained navigation channels, and jetties and other such man-made structures, are not considered hardgrounds for the purpose of this opinion. 18. Training - Personnel on Hopper Dredges: The respective [USACE] Districts must ensure that all contracted personnel involved in operating hopper dredges (whether privately- funded or federally-funded projects) receive thorough training on measures of dredge operation that will minimize takes of sea turtles. It shall be the goal of each hopper dredging operation to establish operating procedures that are consistent with those that have been used successfully during hopper dredging in other regions of the coastal United States, and which have proven effective in reducing turtle/dredge interactions. Therefore, [USACE] Engineering Research and Development Center experts or other persons with expertise in this matter shall be involved both Page 28 of 30 CAC October 23,2014 VII-3 Staff Report 29 of 30 in dredge operation training, and installation, adjustment, and monitoring of the rigid deflector draghead assembly. 19. Dredge Lighting: From May 1 through October 31, sea turtle nesting and emergence season, all lighting aboard hopper dredges and hopper dredge pumpout barges operating within 3 nmi of sea turtle nesting beaches shall be limited to the minimal lighting necessary to comply with U.S. Coast Guard and/or OSHA requirements. All nonessential lighting on the dredge and pumpout barge shall be minimized through reduction, shielding, lowering, and appropriate placement of lights to minimize illumination of the water to reduce potential disorientation effects on female sea turtles approaching the nesting beaches and sea turtle hatchlings making their way seaward from their natal beaches. 4, Collier County will comply with NMFS's Southeast Region Vessel Strike Avoidance Measures and Reporting for Mariners(revised February 2008 [Appendix 4 of the"Lease of Borrow Area T1 to the Collier County Parks and Recreation Department for the Collier County Beach Renourishment Project(Consultation Number SER-2012-9274)"]).: Vessel Strike Avoidance: In order to avoid causing injury or death to marine mammals and sea turtles the following measures should be taken when consistent with safe navigation: 1. Vessel operators and crews shall maintain a vigilant watch for marine mammals and sea turtles to avoid striking sighted protected species. 2. When whales are sighted, maintain a distance of 100 yards or greater between the whale and the vessel. 3. When sea turtles or small cetaceans are sighted, attempt to maintain a distance of 50 yards or greater between the animal and the vessel whenever possible. 4. When small cetaceans are sighted while a vessel is underway(e.g., bow-riding), attempt to remain parallel to the animal's course. Avoid excessive speed or abrupt changes in direction until the cetacean has left the area. 5. Reduce vessel speed to 10 kiiots or less when mother/calf pairs, groups, or large assemblages of cetaceans are observed near an underway vessel, when safety permits. A single cetacean at the surface may indicate the presence of submerged animals in the vicinity; therefore, prudent precautionary measures should always be exercised. The vessel shall attempt to route around the animals, maintaining a minimum distance of 100 yards whenever possible. 6. Whales may surface in unpredictable locations or approach slowly moving vessels. When an animal is sighted in the vessel's path or in close proximity to a moving vessel and when safety permits, reduce speed and shift the engine to neutral. Do not engage the engines until the animals are clear of the area. Additional Requirements for the North Atlantic Right Whale: Page 29 of 30 CAC October 23,2014 VII-3 Staff Report 30 of 30 1. If a sighted whale is believed to be a North Atlantic right whale, federal regulation requires a minimum distance of 500 yards be maintained from the animal (50 CFR 224.103 (c)). 2. Vessels entering North Atlantic right whale critical habitat are required to report into the Mandatory Ship Reporting System. 3. Mariners shall check with various communication media for general information regarding avoiding ship strikes and specific information regarding North Atlantic right whale sighting locations. These include NOAA weather radio, U.S. Coast Guard NAVTEX broadcasts, and Notices to Mariners. Commercial mariners calling on United States ports should view the most recent version of the NOAA/USCG produced training CD entitled "A Prudent Mariner's Guide to Right Whale Protection"(contact the NMFS Southeast Region, Protected Resources Division for more information regarding the CD). 4. Injured, dead, or entangled right whales should be immediately reported to the U.S. Coast Guard via VHF Channel 16. Injured or Dead Protected Species Reporting: Vessel crews shall report sightings of any injured or dead protected species immediately, regardless of whether the injury or death is caused by your vessel. Report marine mammals to the Southeast U.S. Stranding Hotline: 877-433-8299. Report sea turtles to the NMFS Southeast Regional Office: 727-824-5312 If the injury or death of a marine mammal was caused by a collision with your vessel, responsible parties shall remain available to assist the respective salvage and stranding network as needed.NMFS' Southeast Regional Office shall be immediately notified of the strike by email (takereport.nmfsser(dnoaa.gov) using the attached vessel strike reporting form. Page 30 of 30 CAC October 23,2014 VII-Staff Reports 1 of 2 EXECUTIVE SUMMARY Recommendation to approve the gift of between 10,000-15,000 CY's of beach quality sand from the Marco Island Marriott to be used in the Marco Island Central Beach re-grade project scheduled after November 1,2015. OBJECTIVE: To approve a 10,000-15,000 CY gift of beach quality sand from the Marco Island Marriott to be used in the Marco Island central beach re-grade project. CONSIDERATIONS,: The Marco Island Marriott plans to start construction of a renovation project at the south end of their property between May and September of 2015 which may generate between 10,000 and 15,000 CY's of beach quality sand that can be used for the Central Marco Island beach re-grade project. Collier County will accept this material as a gift assuming that this material is beach quality and schedules and permits can be coordinated. Collier County anticipates beginning its Central Beach regrading project after November 1, 2015. Procession of this material can be schedule after that date and incorporated into the County's central beach re-grading project on Marco Island between Tigertail Beach and the Marco Marriott Hotel. FISCAL IMPACT: This sand will be a gift from the Marco Island Marriott and will offset additional volumes of sand that will be required to re-grade the central beach. At this time, the value of this material is unknown. However, a conservative estimate of the savings that county might expect from hauling material from the tidal zone of the beach and rebuilding the berm slope for positive drainage might be $50,000 to $100,000. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. 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 gift of between 10,000-15,000 CY's of beach quality sand from the Marco Island Marriott to be used in the Marco Island Central Beach re-grade project scheduled after November 1, 2015. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management Attachment A: Sand Acceptance letter CAC October 23,2014 VII-Staff Reports 2 of 2 Cotter County Growth Management Division Planning & Regulation Natural Resources October 28, 2014 Mr. Rick Medwedeff. General Manager Marco Island Marriott Resort & Spa 400 South Collier Boulevard Marco Island, Florida 34145 RE: Marco Island Marriott Resort Lanai Building Project 400 South Collier Boulevard Dear Rick; We understand that the Owner of the Marriott Hotel plans to start construction of a renovation project at the south end of your property between May and September, 2015 which may generate somewhere between 10.000 and 15,000 cubic yards of beach compatible sand. Please be advised that Collier County is planning a Central Beach Regrading project that can utilize this material. Collier County will accept this material assuming that this material is beach quality and schedules and permits can be coordinated. Collier County anticipates beginning its Central Beach regrading project after November 1, 2015. Procession of this material can be schedule after that date and incorporated into the County's beach berm regrading project on Marco Island between Tigertail Beach and the Marco Marriott Hotel. Best regards, Gary McAlpin, P.E.. Director Coastal Zone Management Cc: Colleen Greene Robert Brown Mike Poff Brett Moore Milton Baker Nancy Richie ..„,,,,, cam! Coastal Zone Management•2800 N.Horseshoe Drive•Naples.FL 34104.239-252-2966•FAX 239-252-2950 www.col liergov.neticoastalzo nemanagement CAC Octboer 23,2014 VII-5 Staff Report 1 of 23 B} 11(IEP... . SUITE 900 WASHINGTON,D.C.20001 PHONE: 202.508.3400 BEARMA.N,CA.LDWEll FAX: 202.508.3402 &. BERKOWITZ, PC www.bakerdonelson.com October 17, 2014 Brad Keiserman Assistant Administrator- Recovery Federal Emergency Management Agency Department of Homeland Security 500 C Street NW Washington,DC 20472 Through: Bryan Koon,Director Florida Division of Emergency Management Attn: Robert Seibert- Lead Deputy Public Assistance Officer 2555 Shumard Oak Boulevard Tallahassee,Florida 32399 Subject: Second Appeal- Collier County, Florida Beach Restoration Deobligation DR-1609;PW 2700,Version 6 Dear Assistant Administrator Keiserman: Collier County, Florida hereby files this Second Appeal from the Regional Administrator's First Appeal Decision dated August 1, 2014' and received on August 21, 2014 by Collier County, Florida from the Florida Division of Emergency Management ("FDEM").2 The First Appeal Determination largely reaffirmed FEMA's retroactive deobligation, in Project Worksheet 2700, version 6, of costs that the County incurred, in its 2006 Mainland Beach Restoration Project, to restore three engineered public beaches after extensive beach erosion caused by Hurricane Wilma (DR-1609).3 The total amount of additional assistance requested by Collier County in this Second Appeal is $10,096,885.83. There are two components to this Second Appeal. First, FEMA has drastically understated - by 251,006 cubic yards - the actual amount of damage suffered by Collier County's beaches as a result 'The First Appeal Decision and FDEM transmittal dated August 20,2014,is attached as Exhibit A to this Second Appeal. 2 This appeal is timely filed on October 20,2014,60 days after receipt of the Regional Administrator's decision. 3 The First Appeal did restore eligibility of$1,853,755.68 of what it stated were Engineering,Mobilization and Demobilization,and Dune Repair costs that had been deobligated in PW 2700,version 6. As noted below,this reobligation ignored the actual documented costs of engineering,dune repair,environmental monitoring,and other common costs. CAC Octboer 23,2014 VII-5 Staff Report 2 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 of Hurricane Wilma. At the FEMA-approved unit cost of the Project of$30.24/cy, the additional funding for which Collier County is eligible is $7,590,044.93. Even if damage is measured by the more conservative Atkins methodology discussed in this Second Appeal, the total sand loss from Hurricane Wilma is 107,269 cubic yards and the additional eligible funding is $3,243,653.66. Second, the First Appeal Decision largely denied, without any explanation, Collier County's appeal of FEMA's disallowance of all of the actual and documented costs of the engineering and environmental monitoring work required by the Mainland Beach Restoration Project - which was completed more than eight years ago. Instead, the First Appeal simply reinstated an amount estimated, before construction even took place, in PW 2700, version 0. The difference between the actual, documented costs and the pre-construction cost estimates approved by the First Appeal is $2,506,840.90. The projects involved have a complex factual and procedural history extending over more than a decade, and the County's appeal is supported by a number of technical Engineering Reports. The County requests a meeting with FEMA Headquarters, including any appropriate FEMA management,program personnel,and/or senior staff, to provide an opportunity to clarify issues and the engineering support for the County's appeal. I. The Cost of Restoration of Sand Lost from Engineered Beaches Due to Declared Storm Events is Eligible for FEMA Assistance Pursuant to 5 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, FEMA funding is available to a state or local government for the repair, restoration, and replacement of facilities damaged or destroyed by a declared major disaster event.' A beach is considered eligible for permanent repair if it is an improved beach and has been routinely maintained prior to the disaster.' Further, according to FEMA's Public Assistance Guide, Chapter 2, a beach is considered to be an"improved beach"if the beach: (1) was constructed by the placement of sand to a designed elevation, width,grain size, and slope; and (2) has been maintained in accordance with a maintenance program involving the periodic re-nourishment of sand. To be eligible for federal disaster financial assistance, an item of work must be required as the result of a major disaster event.' In addition, 44 C.F.R. § 206.226 states that "work to restore eligible facilities on the basis of the design of such facilities as they existed immediately prior to the disaster" may be eligible for assistance. Collier County has operated Naples Beach,Vanderbilt Beach,and Park Shores as engineered beaches since 1995 and 1996;the three are referred to herein as the County's "Mainland Beaches." 4 42 U.S.C.§5172 5 44 C.F.R.§206.226(j) 6 FEMA 322 Public Assistance Guide,Chapter 2(2007). 7 44 C.F.R.§206.223(a)(1). 2 CAC Octboer 23,2014 VII-5 Staff Report 3 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 Each of Collier County's Mainland Beaches met the criteria for being an improved beach prior to Tropical Storm Gabrielle in 2001 (DR-FL-1393) and Hurricanes Katrina (DR-FL-1602) and Wilma (DR-FL-1609) in August and October,2005. These beaches suffered significant losses as a result of all three storms,and this storm-related damage is dearly eligible for FEMA assistance. Only the damage from Hurricane Wilma is at issue in this Second Appeal-as well as the approval and allocation of eligible engineering and environmental costs that were incurred for the 2006 Beach Restoration Project which replaced the sand lost on the Mainland Beaches from all three disasters. II. Background Measurement of Sand Lost From Collier County Engineered Beaches Due to Hurricanes Katrina and Wilma:PW 2700 version 3 The amount of sand on the County's engineered beaches is measured annually by a sand survey. These beaches lost significant sand volume as a result of the intense wave action and currents of Hurricanes Katrina and Wilma in August and October,2005. The amount of sand lost from a storm is measured by comparing (a) the quantity of sand on the beach as measured in the most recent survey taken before the storm event, against (b) the sand quantity on the beach after the storm - measured when the beach has stabilized after the storm.' With respect to Hurricanes Katrina and Wilma, the most recent pre-storm survey was taken in May, 2004, and Collier County and FEMA have both utilized and accepted this survey as the most accurate measurement of the quantity of sand on Collier County's beaches before Hurricane Katrina made landfall.' There were a number of sand surveys taken in the months after Hurricane Katrina, and this appeal arises because the amount of sand measured on Collier County's beaches in these post storm surveys varied dramatically. A survey was taken in the immediate aftermath of Hurricane Katrina,in September 2005. Another survey was taken just two months later, in November 2005, in the immediate aftermath of Hurricane Wilma. These surveys estimated that 61,361 cy of sand were eroded from the three mainland beaches by Hurricane Katrina,11 and 74,734 cy of sand were eroded from the three mainland beaches by Hurricane Wilma" - for a total sand loss from both storms of 136,095 cy.12 FEMA wrote five initial versions of Project Worksheets approving restoration of the beaches in accordance with these immediate post-storm surveys.13 Environmental permitting for the adjusting Sand loss following a storm is calculated by comparing pre-storm surveys to post-sto rm surveys y and ) n g for annual background erosion. An example of such adjustment is found in CPE Engineering Report October 15,2012, Revised in January 23,2013. Exhibit D,at Attachment 7,page 2 of 46. 9 FEMA accepted the May 2004 survey as accurate in the Katrina PWs 1109 and 1110.Exhibit C,at page 2 and page 10 Specifically,PW 1109 notes that sand losses"attributable to Hurricane Katrina are based upon a pre-storm(May 2004) survey and a post-storm(September 2005)survey.". 10 CPE Engineering Report of November,2005,Revised in January,2006. Exhibit B,page 24 of 30. 11 CPE Engineering Report of November,2005,Revised in January,2006. Exhibit B,page 28 of 30. 12 If these surveys were accurate,the losses from Hurricanes Katrina and Wilma combined(136,095 CY)were more than 25%lower than the 187,496 CY loss from the much weaker Tropical Storm Gabrielle in 2001. This by itself suggests that the Katrina/Wilma post storm survey overestimated the mass of sand on the beaches,and underestimated the storm-related sand losses. 13 Hurricane Katrina:PW 1109-45,762 CY(Naples Beach);PW 1110-15,599 CY(Vanderbilt Beach)total 61,361 CY. Hurricane Wilma:PW 2700 version 0-58,641 CY(Naples Beach);PW 2698-11,803 CY(Vanderbilt Beach);PW 2704- 3 CAC Octboer 23,2014 VII-5 Staff Report 4 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 Tropical Storm Gabrielle beach restoration project had been virtually complete, and construction had not yet occurred, when Hurricanes Katrina and Wilma struck Collier County. As a result, Collier County amended its environmental permits and construction bid documents to expand the TS Gabrielle project to include replacement of sand loss/damage from Hurricanes Katrina and Wilma. The result was the "2006 Collier County Mainland Beach Restoration Project." Two more surveys were taken just four and six months after the November 2005 survey on which Hurricane Wilma damage was originally based. The first,in March 2006,was the "pre-construction" survey for the 2006 Mainland Beach Restoration Project;14 the second, in June 2006, was the "post construction" survey. The "pre-construction" survey revealed that sand loss to Collier County's beaches was much more extensive than had been recorded in the November 2005 survey. The sea floor was measured to be lower in March 2006 than it had been measured in November 2005 - so that far more sand was required to achieve the authorized and permitted construction template established for the project. Collier County completed the restoration project to the target engineering design (e.g., to conditions pre-TS Gabrielle and Hurricanes Katrina and Wilma). After construction, the beaches were surveyed again in June 2006, to measure the total amount of sand placed to restore the beaches in the Project.15 In total,in 2006, Collier County placed 667,562 cy of sand to renourish its mainland beaches.16 Of the total amount of sand placed, CPE calculated that approximately 553,000 cy of the total sand placed on Collier County's mainland beaches was a direct result of storm-related losses." The Collier County Mainland Beach Restoration Project placed these additional sand quantities to fully repair its beaches from storm-related damage. The County worked with FDEM and FEMA over the course of several years to determine how to incorporate the additional sand quantities required for beach restoration into the 5 pending Katrina and Wilma Project Worksheets. Meanwhile, FEMA closed out both of the Katrina Project Worksheets and two of the three Wilma Project Worksheets for Vanderbilt Beach and Park Shores Beach.18 The closeout versions of the Katrina and Wilma PWs: (1) identified the quantity of storm-related sand loss per storm/per beach; and (2) obligated amounts equal to the contract cost for placing the identified quantity of sand on 4,290 CY(Park Shores Beach).See Exhibit C for PWs 1109,1110,2698,2700,and 2704 version 0. Additional PWs were written for other Collier County beaches that are not at issue in this Appeal. 14 The sand restoration project was a 667,562 CY project to restore the County's beaches from sand losses from Tropical Storm Gabrielle as well as Hurricanes Katrina and Wilma. The Hurricane damage portion of the project was 553,455 CY of sand loss. Due to the three years required for environmental monitoring before sand restoration permits could be obtained,the Gabrielle restoration project had not commenced before Hurricanes Katrina and Wilma struck Collier County. 15 CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,page 7 of 46. 16 CPE Engineering Report dated January 2013,Exhibit D,Attachment 7,page 12 of 12;See also PW 2700 v.3,page 4 of 8,Exhibit D,Attachment 8. As noted in Exhibit D,Attachment 9,Page 9 of 46,only 553,000 cubic yards were attributable to hurricane damage;the remaining 114,562 of sand volume was required to restore the minimal annual erosion losses and to extend work at the eligible beaches. 17 CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,page 9 of 46. 18 Close out versions of the Katrina and Wilma PWs 1109,1110,2698,and 2704 are attached as Exhibit E.The final PW,PW 6733 concerned a beach not at issue in this Appeal. 4 CAC Octboer 23,2014 VII-5 Staff Report 5 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 the beach.19 In other words, FEMA closed out the Katrina and Wilma PWs without obligating any common costs for engineering, project management or environmental costs. Instead, after these Project Worksheets were closed out, FEMA advised that it would address the "additional" sand quantities and common costs in a version of PW 2700, which was originally written to govern Naples Beach.2° FEMA requested further engineering support from Collier County to affirm the additional sand quantities placed. The County's engineers, Coastal Planning and Engineering, Inc. ("CPE") then submitted its "Tropical Storm Gabrielle,Hurricanes,Katrina&Wilma Storm Impact Reassessment Report." CPE drafted several preliminary versions of the report. CPE provided the County with a final version of the report in January 2010. CPE's final report was in turn provided to FEMA,noting the additional damage found and the additional sand required to "re-establish the 1996 permit design elevation.i21 This report showed, based on the gross measured storm loss, that 251,006 cy more sand had been lost from the three Mainland Beaches than had been measured four months earlier.22 At the suggestion of FEMA23, the 2010 Report provided an allocation of sand loss from the three storms by dividing the previously measured sand loss from Gabrielle (187,096 cy) and from Katrina (61,361 cy) by the total measured sand loss of 553,455 cy.4 Thus, the TS Gabrielle allocation became 34% and the Hurricanes Katrina allocation became 11%. The remaining 55% of storm damage - including the increase in sand quantity measured in March, 2006 - was necessarily attributable to Wilma.25 P[V2700, Version 3:Obligates Funds Based on March,2006 Survey After receipt of preliminary drafts of CPE's report, FEMA obligated PW 2700, version 3, in November, 2009. The sand restoration project for the County's mainland beaches restored sand lost from three separate disasters. FEMA used PW 2700 version 3 to obligate costs for placing 251,006 cy of"additional" sand loss caused by Hurricane Wilma--the last of the three storms. Thus, FEMA regional staff adopted the March 2006 survey as accurate. In obligating PW 2700,version 3 in November,2009,FEMA further accepted that Collier County's beaches lost more sand as a result 19 For example,in the closeout version of PW 2698,FEMA obligated$284,334.27,which was calculated by multiplying the identified storm related sand loss(11,803 cy)by the per unit sand placement cost($24.09). The closeout versions of the Katrina and Wilma PWs did not include any cost other than sand placement costs. 20 See FEMA's January 21,2010 Letter from Sid Melton to Robert Seibert,Exhibit G.page 2. 21 CPE Engineering Report dated January 2010 Report Exhibit D,Attachment 9,page 7 of 46. Page 1. 22 CPE Engineering Report dated January 2010Report,Exhibit D,Attachment 9,page 9 of 46. CPE calculated that Collier County's beaches lost 553,455 cy of sand due to all three storms. The original versions of the PWs drafted for the three storms calculated storm-related sand loss to be 323,591 cy--a difference of 251,006 cy. 23 See FEMA's January 21,2010 Letter from Sid Melton to Robert Seibert,Exhibit G.page 2.FEMA noted that this allocation was"the most equitable way to divide unallocated costs between storms." 24 CPE re-examined the cumulative impact of volumetric and profile losses to Collier County's beaches from all three storms based upon the shoreline changes between the survey of June 2000 and the First Quarter survey of 2006.See CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,page 3 of 46. 25 CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,page 7 of 46. 26 PW 2700 version 3,Exhibit D,Attachment 8.Collier County shared preliminary versions of CPE's engineering reports with FEMA. CPE finalized its engineering report in January 2010. 5 CAC Octboer 23,2014 VII-5 Staff Report 6 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 of Hurricane Wilma than was originally captured in the November 2005 survey.27 The new version 3 of PW 2700 did not attempt to re-allocate sand loss or beach repair costs to PWs for Katrina and Wilma that FEMA had previously closed -out. Instead, PW 2700 version 3 obligated the costs that Collier County incurred to repair its mainland beaches as follows - using the cost of replacing the full 667,564 cubic yards project,not the 553,455 cy that CPE had attributed to disaster damage: 55% of the total $19,833,883.57 cost of placement of sand by Great Lakes Dredging ($10,908,635.96)28; 55% of the total common costs ($2,230,675.47), 66% of the forced labor costs ($94,513.78), and 66% of estimated future environmental monitoring costs ($19,800).29 We note that it was a mistake for PW 2700 v3 to use the total sand replacement number (667,564), instead of the storm-related sand loss number (553,455) to allocate costs between the storms.30 We also note that FEMA presumably intended to allocate 11% of engineering and environmental costs to Hurricane Katrina, although it appears not to have done so. FEMA did issue a Final Inspection Report version of Gabrielle PW 566 in which it allocated 34% of the total 667,564 cubic yard Mainland Beach Restoration Project,including common engineering and environmental costs,to Gabrielle." Throughout the history of this beach restoration project, and the discovery that Collier County's beach losses after Wilma were much larger than initially measured in the November 2005 survey, the Hurricane Katrina sand loss was held at the 63,161 cy measured in the September 2005 survey. PW 2700 version 3 also directed that"all other costs for the combined Project will be . . . allocated to TS Gabrielle or resolved at close out for this project."32 Collier County appealed the Gabrielle closeout PW. In a second appeal decision issued in May,2012 with respect to Tropical Storm Gabrielle, FEMA's Assistant Administrator disapproved entirely the approach taken by the Florida Long Term Recovery Office and Region IV, in PW 2700,version 3, of allocating the additional project costs for placing the additional sand between Tropical Storm Gabrielle and Hurricanes Katrina and Wilma.33 The Second Appeal decision directed regional staff to issue a revised PW for Tropical Storm Gabrielle based on project costs and sand loss quantities clearly attributable to TS Gabrielle, as measured by the pre-Gabrielle storm survey and a post- Gabrielle storm survey.34 The Decision stated that the: 27 See CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,and PW 2700 V3,Exhibit D,Attachment 8,pages 4-5. 28$19,833,883.57*55%=$10,908,635.96. Attachment 8 at page 5 of 8. 29 PW 2700,Version 3 Exhibit D,at Attachment 8,pages 7-8.In total,PW 2700,Version 3 obligated$12,868,475.94. 30 Some reduction of the Gabrielle PW was indeed appropriate,since the 34%allocation of construction cost to Gabrielle had been computed from the full 667,564 cy project rather than the 553,455 cy portion attributable to disaster damage by the County's engineers. 31 Exhibit H,pages 4-6 of 8. 32 PW 2700,Version 3,Exhibit D,Attachment 8,page 8. 33 Again,some reduction of the Gabrielle PW was indeed appropriate,since the 34%allocation of construction cost to Gabrielle had been computed from the full 667,564 cy project rather than the 553,455 cy portion attributable to disaster damage by the County's engineers. 34 Second Appeal Decision,PW 566 and 673,Sand Replacement from Tropical Storm Gabrielle,dated May 14,2012. Exhibit D,Attachment 4 6 CAC Octboer 23,2014 VII-5 Staff Report 7 of 23 Collier County,Florida Second Appeal -PW 2700 FEMA-1609-DR-FL October 17,2014 The applicant has not demonstrated that a survey of losses over a nearly six year period is more accurate than the estimates prepared for the PWs.35 The Assistant Administrator directed the Regional Administrator to prepare new versions of the Gabrielle PWs (Nos. 566 and 673) "to award the eligible costs associated with the renourishment projects as detailed in the enclosed analysis.i36 Given the removal of TS Gabrielle costs from PW 2700, the Appeal Analysis also directed FEMA regional staff to "reexamine" the costs funded by PWs under FEMA 1602 and FEMA 1609 to deobligate duplicative environmental and turtle monitoring costs37 and to ensure that FEMA reimburses only eligible sand replacement costs. Following the Gabrielle Second Decision, FEMA re-opened each of the closed Katrina and Wilma PWs to increase the per unit contract costs to $30.2381, to combine force labor (Project Management) costs with sand placement costs.38 PW 2700, Version 6:Deobligates$11.1 Million Based on November, 2005 Survey FEMA issued PW 2700 version 6, which deobligated more than $11.1 in funding. When it issued PW 2700, version 6, FEMA not only removed the "allocation" method adopted in version 3, but FEMA also abandoned altogether the higher measurement of sand losses documented in the March 2006 and June 2006 surveys. The deobligation PW also eliminated,without discussion, funding of virtually all of the associated costs for the sand restoration project: engineering, mobilization, dune restoration, environmental monitoring, and permitting. The entire explanation for the $11.1 deobligation of funds is the following Comment in the PW: THIS VERSION IS BEING WRITTEN DUE TO 2D APPEAL DETERMINATION DATED MAY 14, 2012. COLLIER COUNTY PUBLIC SERVICES DIVISION, DR 1393 PWS 566 AND 673. IN ACCORDANCE WITH THE 2D APPEAL DETERMINATION THE FOLLOWING ACTION IS BEING TAKEN: THIS VERSION ADJUSTS THE ELIGIBLE SAN[S/C] VOLUME TO THE ORIGINAL SOW APPROVED FOR 58,641 CY THUS AT A UNIT COST OF 30.2381 IS $1,773,192.42 OF ELIGIBLE COST. THIS VERSION WILL DISALLOW $11,095,283.52'9 FEMA did not provide any other explanation for the $11.1 million deobligation. Rather than incorporate any analysis about the accuracy of the 2006 surveys upon which the damage determinations were made,FEMA staff simply reverted to the initial estimates of damage in the five 35 Second Appeal Decision,PW 566 and 673,Sand Replacement from Tropical Storm Gabrielle,dated May 14,2012, Exhibit D,at Attachment 4 page 6. 36 Exhibit D,at Attachment 4,Page 1 of 9. The Gabrielle PW versions implementing the Second Appeal,PWs 566 and 673 (Marco)are included,Exhibit. 37 The reference to"duplicative environmental monitoring costs"reflects an apparent misunderstanding that the 34%of the rest of engineering and any of the 6 years of environmental monitoring-duplicated the 55%of these costs that were included in PW 2700,version 3. See Exhibit D,at Attachment 8,page 9 of 9. 38 In each of the re-opened PW states substantially the following:AN INCREASE OF[amount] IS BEING OBLIGATED DUE TO ADJUSTED UNIT COST OF 30.2381 PER CY. 39 PW 2700 V6,Exhibit D,at Attachment 10. 7 CAC Octboer 23,2014 VII-5 Staff Report 8 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 PWs issued seven years earlier that were based on the November, 2005 survey. These older PWs excluded the 251,006 CY of storm related sand loss that CPE's Reports had found missing after conducting the March and June, 2006 surveys. The regional staff drafting PW 2700, version 6 apparently assumed that since regional staff had been directed to measure sand loss to be the difference between pre-disaster and post-disaster surveys, staff was required to use the very first (November 2005) post-disaster survey, and could not use any information from the post-disaster survey conducted just four months later. In addition, the deobligation PW also excluded, without discussion,all engineering, dune repair,Mobilization and Demobilization, survey,and environmental monitoring costs that had been included in PW 2700,version 3. First Appeal and First Appeal Decision Collier County filed a First Appeal letter to FDEM, which in turn transmitted Collier County's appeal to FEMA with a strong recommendation that it be granted.4° Collier County, through FDEM, supplemented the first appeal with an additional Beach Engineering Report prepared by CPE.41 In this Report, CPE provided a full engineering reassessment of the survey data, and explained (1) that a 200,000+ cy sand loss discrepancy exists between the November 2005 and March 2006 surveys; (2) that the 200,000+ cy discrepancy could not be explained by erosion, because the annual erosion rate was very nominal;42 and (3)that the difference between the sand loss calculated in 2005 and 2006 surveys could only be explained by compaction (sand bulking), which did not resolve until several months after the storms.43 On February 22, 2013, Collier County submitted a Second Supplement to its First Appeal, which included an update of the Engineering Report that further explained that the bulking factor provided the only explanation for the discrepancy in sand loss calculated in November,2005,and four months later in March 2006.44 The Regional Administrator issued FEMA's First Appeal decision a year and a half after Collier County submitted its Second Supplement to its First Appeal.45 The First Appeal Decision refused to give any credence to the additional sand losses measured in the March 2006 survey,nor to the expert analysis of the cause of the additional sand losses as provided in the CPE Report submitted with the First Appeal, for the following reasons: • The sand loss in the County's new engineering report did not make any changes in the sand loss claimed in the initial Project Worksheets for Tropical Storm Gabrielle and Hurricane Katrina.' In other words, FEMA questioned why CPE's report drastically increased the 4°First Appeal of PW 2700 as transmitted by FDEM on October 23,2012,See Exhibit D,Attachment 2. 41 First Supplement to First Appeal PW 2700,CPE Report Dated October 24,2012,Exhibit D,Attachment 3. 42 Exhibit D,Attachment 3 at¶4,page 3.CPE calculated annual erosion rate by evaluating and averaging sand erosion during two relatively long periods without major storm impacts (2002-2004=16,695 cy/year erosion)and(2008-2012 =5,215 cy/year erosion). 43 Exhibit D,Attachment 7 at 115,pages 2-4. 44 The Second Supplement to First Appeal PW 2700 Dated February 22,2013,is at Exhibit D.Engineering Report is at Attachment 7. 45 FEMA's First Appeal Decision for PW 2700,Version 3.Exhibit A. 46 Id.,at 3. 8 CAC Octboer 23,2014 VII-5 Staff Report 9 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 sand loss caused by Wilma, but did not alter the sand loss caused by TS Gabrielle and Hurricane Katrina. • FEMA found no "conclusive evidence" in the CPE engineering report that the sand loss claimed by Collier County was storm-related. In addition, according to FEMA, the engineering report "raise[d] no substantive new issues than what was addressed and referred to in the second appeal decision" from TS Gabrielle. 47 • TS Gabrielle decision had required FEMA regional staff to "revisit"PW 2700 version 3,and fund "only the eligible sand loss resulting from the declared event as documented by pre- and post-disaster surveys!'" Notably, the First Appeal Decision failed to explain (1) why FEMA chose to rely on the November 2005 post-disaster survey rather than the March 2006 post-disaster survey; or (2) how it was possible for the November 2005 survey to be accurate when only four months later the same beaches were surveyed to show that at least 251,006 cy of sand was missing. The Decision did reobligate $1.8 million of associated costs - stating that these were the "engineering, mobilization-demobilization, and dune repair costs" that had been initially included, as an estimate, in PW 2700, version 0 that had been obligated in early February, 2006. The First Appeal inexplicably did not mention or reobligate any of the actual costs - $1.8 million in actual incurred engineering costs and $2.8 million of actual incurred environmental monitoring costs documented in the First Appea1.49 We demonstrate in this Second Appeal - through submission of multiple engineering reports and the absence of any other factor that could explain why 251,006 CY of sand disappeared in only 4 months- that the November 2005 sand survey did not accurately measure the quantity of sand lost as a result of Hurricanes Wilma. To assist FEMA's appellate review staff in keeping track of the many determinations of lost sand from Gabrielle and Hurricanes Katrina and Wilma over the last 13 years, we provide an Exhibit, Exhibit F, showing the determinations made at each time. We have found that this Exhibit - which references the source documentation so that it can be checked - is remarkably helpful in understanding the impacts of TS Gabrielle and Hurricanes Katrina and Wilma and the accuracy of the engineering determinations submitted by Collier County in this Second Appeal. Based on the analysis below, Collier County respectfully requests reinstatement of the cost of replacing the 251,006 CY of sand lost as a result of wave action during these major disaster events. 47 Id.,at 4. 48 Id.,at 5. 49 See, Reconciliation of Costs for 2nd Appeal on PW 2700 for 3-Mainland Beachers,Exhibit D,Attachment 11. 9 CAC Octboer 23,2014 VII-5 Staff Report 10 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 III. Collier County's Engineered Beaches Lost 251,006 Cubic Yards More Sand Than Has Been Approved By FEMA In PW 2700, Version 6 The Best Measure of Sand Lost from Collier County Beaches is the March,2006 Post-Disaster Survey The applicant is responsible for determining the extent of the damage to a facility in order to make a determination about the measures that need to be taken to either repair or replace the facility.5° Collier County has more than met its responsibility for measuring its storm-related damage by providing FEMA with a series of reports from its Professional Engineers that measured the extent of the damage to its beaches. In the initial versions of the Hurricane Wilma Project Worksheets, FEMA used the only post disaster survey then available to measure beach damage: the November 2005 survey. In PW 2700, version 3, FEMA adopted the recommendation of Collier County's engineers and used the March 2006 survey to measure disaster damage. In the "deobligation" version 6 of PW 2700, FEMA returned to the November 2005 survey as the best measure of disaster damage,apparently because it believed that it had been ordered to use this survey by the Gabrielle Second Appeal Decision. And in the First Appeal Decision, FEMA maintained its reliance on the November 2005 survey without responding to any of the engineering evidence demonstrating that this November 2005 survey was flawed. As graphically illustrated by the Chart attached as Exhibit F, there was a dramatic difference - 251,006 cubic yards - in the damage measured by the November 2005 survey and the March 2006 survey. CPE's several engineering reports have, in steadily increasing depth, demonstrated that the November 2005 - and probably the September 2005 survey as well - provided inaccurate measurement of the sand lost from Collier County's Mainland Beaches due to Hurricane Wilma5'. CPE noted in 2010 that the "earlier storm assessments were based on surveys available at the time, and in hindsight, these have proved unsuitable as discussed below.s52 CPE provided its engineering opinion saying that the November 2005 survey "proved to have one major flaw [Geoid]; the beach had not reached an acceptable level of equilibration,"53 explaining: Further equilibration occurred between November 2005 and the start of construction in late February 2006 probably due to shift of sand cross-and along-shore,along with post-storm 5°FEMA 322 Public Assistance Guide, June 2007,at page 85. 51 All FEMA Project Worksheets have based the damage due to Hurricane Katrina to be the 61,361 cy measured by the difference between the May 2004 survey and the September 2005 post-Katrina/pre-Wilma survey. It is possible that the September 2005 survey also underestimated beach losses due to sand bulking. However,because both Katrina and Wilma are 100%disasters it was not necessary to attempt to estimate accurately how much of the additional sand loss was due to Katrina rather than Wilma. Rather than do so,all project worksheets and engineering reports have fixed the sand loss from Katrina as the 61,361 measured by the difference between the May 2004 pre-disaster survey and the September 2005 survey. 52 CPE Engineering Report dated January 2010,Exhibit D,Attachment 9,page 3 of 46. 53 Id. 10 CAC Octboer 23,2014 VII-5 Staff Report 11 of 23 Collier County,Florida Second Appeal- PW 2700 FEMA-1609-DR-FL October 17,2014 compaction of the sand in the active profile. Storms often decrease the density(increases the fluffiness)of the displaced sand initially,which create the appearance of more sand."54 In its January 2013 Report, CPE provided a much more extensive discussion of the changes in density in the sand due to storm action - and the impact that these changes have on measurement of sand on a beach. Beach sands in the intertidal zone are more compact than beach sands in the dunes and farther offshore. Storm waves move sand vigorously,which fluffs up the sand,decreasing dry bulk density. During recovery and equilibration during the post-storm period,the sands re-consolidate. The speed of recovery varies and depends on the types of waves.55 An examination of the profiles taken in September and November 2005 and the before dredge surveys in early 2006 show a loss of volume consistent with an increase in dry bulk density accompanying storm recovery. The change is manifested by a volumetric loss measured after the post-Wilma surveys (November 2005). This phenomenon has been previously encountered during post-hurricane Opal surveys in Panama City,Florida. The post-storm survey was taken immediately after the storm and showed a large and unexpected increase in volume. The storm fluffed up the sand,leading to a lower bulk density with a large volume.56 FEMA's First Appeal Decision did not respond to CPE's analysis that beach equilibration accounts for the difference in the sand loss calculated from the November 2005 survey (which FEMA relies upon) and the March 2006 survey (which Collier County relies upon). FEMA provides no explanation for rejecting CPE's conclusion that sand bulking occurred in Collier County's beaches - and no explanation whatsoever for how the November 2005 survey could have accurately measured sand loss when four months later the same beaches were measured to have lost an additional 251,006 CY of sand. FEMA's First Appeal Decision did suggest that the Engineering Report raised "no substantive new issues than what was addressed and referred to in the previously discussed second appeal decision under FEMA-1393-DR-FL (Gabrielle)." However, the primary conclusion of the Gabrielle decision was that it was inappropriate to base eligibility decisions on a comparison of sand loss over a six year period, from 2000 to 2006: "there is too much uncertainty about typical erosion before,between,and after the events(Gabrielle, Katrina,and Wilma for reliable use of this information to determine disaster damage. The sand volumes calculated for the eligible scopes of work [in the two Gabrielle PWs] are based on survey data that was available when the PWs were prepared and represent the most reliable pre-and post- storm profile data. The Applicant has not demonstrated that a survey of losses (from its consultant, Costal Planning and Engineering(CPE)over a nearly six year period is more accurate than the (unit cost)estimates prepared for the PWs."57 The Gabrielle decision did not evaluate the reliability of the November 2005 survey relative to the March 2006 survey. Rather, FEMA merely concluded that Gabrielle losses were better measured by 54 Id.,at 5 of 46. 55 Exhibit D,Attachment 7,page 2 of 12. 56 Id,at4of12. 57 First Appeal Decision,Exhibit A,page 2. 11 CAC Octboer 23,2014 VII-5 Staff Report 12 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 the 187,496 cubic yard difference between the pre-Gabrielle and post-Gabrielle surveys used in the original Gabrielle Project Worksheets. In short, the First Appeal Decision provided no explanation for its rejection of the March 2006 survey. Independent Engineering Report Confirms Flaws in 2005 Surveys FEMA's First Appeal Decision invited Collier County to provide additional engineering-based explanations for the calculated sand-loss;noting that the "Subgrantee's pre-nourishment survey of June 2006 [sic,the March 2006 survey appears to have been intended here] extended out to the 400 foot distance mark,while the November 2005 and all previous surveys extended out to the 800 foot distance mark. This inconsistency in surveying has not been explained." In response to FEMA's invitation, Collier County retained the services of a highly credentialed independent engineering firm,Atkins Port & Coastal Engineering ("Atkins"). Atkins assigned three Professional Engineers with a total of 45 years of combined experience in coastal engineering to review the Collier County matter. One such engineer, Todd Walton Jr., holds a Ph.D and has considerable experience with US Army Corps of Engineers. Dr. Walton and the Atkins firm have also served as consultants for FEMA on coastal projects.58 Atkins reviewed the beach profile survey data, quantification of post-storm consolidation (also known as the "bulking factor"), and volume calculations for Collier County's Mainland Beaches, and has provided the County with its own independent Engineering Report.59 First, Atkins reviewed and analyzed the five surveys conducted to measure the sand volumes on Collier County's Mainland Beaches during critical pre- and post-storm periods from 2004 to 2006:' the May 2004 Monitoring Survey; the September 2005 Post-Katrina Survey; the November 2005 Post-Wilma Survey; the March 2006 Pre-Construction Survey;and the June 2006 Post-Construction Survey. (FEMA and Collier County both agree that the May 2004 survey provides the best evidence of the sand volume on the Mainland Beaches before Hurricanes Katrina and Wilma.) Atkins identified "an issue with how the geoid was applied in the September 2005 and November 2005 surveys . . . [which] caused an offset in the datum ... which varied in magnitude throughout the project area." Atkins then noted that: the changes in the upland and offshore extents of the profile lines occur at a much slower pace and typically agree within 0.5 feet. . . .the offset in the Fall 2005 surveys is larger than 2 feet in some locations which is not realistic. These types of erroneous offsets in elevation can have a significant effect on the volume calculations 61 58 Curriculum Vitae of Atkins Port&Coastal Engineering team,Exhibit H 59 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Page 1,Exhibit I. eo Id.. 61 Atkins Port and Coastal Engineering Report,Dated October 17,2014 at pages 1 and 2.(Emphasis added),Exhibit I. To illustrate the potential scale of a one foot offset-note that a one foot inaccuracy sand depth in a beach 5,000 linear 12 CAC Octboer 23,2014 VII-5 Staff Report 13 of 23 Collier County,Florida Second Appeal- PW 2700 FEMA-1609-DR-FL October 17,2014 As a result,Atkins suggested"not using the Fall 2005 surveys for volume comparisons as the results are inconsistent and therefore believed invalid.i6` After Atkins determined that the Fall 2005 surveys produced an inaccurate calculation of post-storm sand loss,Atkins determined that the May 2004 survey compared to the March 2006 survey produced the most accurate calculation of post-storm sand loss.63 Before Atkins calculated sand loss using March 2006 survey,Atkins had to first respond to FEMA's concern with the March 2006 survey. In the First Appeal Decision, FEMA noted that the May 2004 survey and September and November 2005 surveys had extended out roughly 800 feet,whereas the March 2006 survey had extended out only 400 feet. Atkins confirmed that: "The March 2006 survey is a wading depth survey providing coverage out to approximately-6 ft NAVD 88. FEMA has provided varying instructions over the years on whether wading depth or full length profiles are needed for post-storm surveys.64 To test the significance of the different scope of surveys,Atkins noted that although the March 2006 survey only went out to wading depth, the June 2006 (post construction) survey had the same scope as the May 2004 pre-disaster survey: sand was surveyed out to the 800 foot depth of closure. (Note that beach restoration only occurred in the inward portion of the beach;no sand was added by the Collier County Beach Restoration Project between wade depth and depth of closure.) Accordingly, Atkins prepared a hybrid March/June 2006 survey,using the survey results from March 2006 for the inner portion of the beach out to wading depth,and using the June 2006 results from wading depth to depth of closure. Atkins found that use of the hybrid was appropriate: These surveys agree well and have only three months difference between survey dates. . .During this three month period,there were no large storms or wave events that impacted the Collier County coastline and therefore no significant volume of fill would have migrated to the offshore portion of the profile. This Hybrid profile allows comparative analysis for the full volume profile to the depth of closure and addresses FEMA's concerns with the full length of the profile.65 According to Atkins,"[m]erging onshore and offshore survey data with different survey dates is a standard technique in the coastal engineering industry. . . .s66 The comparative profiles for all the R- monuments in the project area using this hybrid survey are attached. Full profiles and zoomed profiles67 are included in the Attachments to Atkins'letter. Atkins' report also provided a detailed discussion of the likelihood that consolidation/sand bulking explains the large difference between the November 2005, immediate post-storm, survey and another survey taken only four months later. Atkins stated that sand bulking or compaction occurs when "storms take the relatively dense in-situ (emplaced) sand formations and deposit them into a feet long and 400 feet from shore to depth of closure could account for a volume difference of 2,000,000 cubic feet-or over 74,000 cubic yards. 62 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 2. 63 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 2. 64 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page2. 65 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page3. 66 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 3.. G7"Zoomed profiles"are profile data calculated by zooming on the input profiles. 13 CAC Octboer 23,2014 VII-5 Staff Report 14 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 relatively looser (less dense) state.s68 Atkins noted that "storm induced expansion of the sand volume is a common occurrence based on experience." In addition, the occurrence of two major storms in quick succession increased the sand bulking phenomenon. According to Atkins, these "back to back major storms prevented the Collier County beaches from consolidating and did not allow the beach the opportunity to have appreciable recovery of eroded sand between storms.ifi9 Atkins also agreed with CPE's previous conclusion that Collier County's storm-related sand losses did not fully manifest until after the beaches reached equilibration in 2006: [T]he additional [sand] losses due to compaction (increase in bulk density) were not noticed at the time of the November 2005 post-Wilma surveys. The true magnitude of the loss was discovered during construction from February to May 2006,when [a] pre-construction survey was taken.70 Atkins' report also noted that "[s]torm induced expansion of the sand volume is a common occurrence based on experience. With time, this volume would compact to its pre-storm condition (bulk density or porosity)." Therefore, Atkins concluded that "[t]he surveys taken in 2006 (after time had allowed the level of sand to lower due to consolidation) show significantly larger sand loss than the Fall 2005 surveys.i71 The Atkins report thus confirms Collier County's and their engineer CPE's position that the first reliable measurement of sand loss on its beaches was that performed in March 2006,and that the November 2005 survey was not reliable or recommended for use in estimating Hurricane Wilma sand losses. By contrast, FEMA offers no explanation or justification for its continued reliance upon the November 2005 survey, which has been shown to be inaccurate and inconsistent. Furthermore, FEMA has no reason to reject the idea that sand bulking explains the difference between the sand loss calculation using the November 2005 survey and the sand loss calculation using the March 2006 survey. FEMA's position on these matters is unreasonable. Collier County's engineering reports should be accepted as reliable and accurate. Those reports demonstrate that (1) the Fall 2005 surveys are flawed and should not be used to calculate sand loss on Collier County's beaches;and (2) sand bulking occurred on Collier County's beaches,which did not resolve until March 2006. In sum, in 2006, CPE reevaluated the storm-related sand loss on Collier County's beaches and determined that much more sand was lost during Hurricanes Katrina and Wilma than was originally discovered in 2005. The 2005 surveys were flawed. Furthermore, because of sand bulking, an accurate survey of the beaches was not produced until March 2006. CPE provided FEMA with revised sand loss calculations. CPE's report is not flawed nor is there any reason for FEMA to disregard the unchallenged conclusion that "the true magnitude of the [sand] loss [to Collier 68 Atkins Port&Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 2. 69Atkins Port&Coastal Engineering Report,Dated October 17,2014,Exhibit I,page7. 7°Atkins Port&Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 7. 71 Atkins Port and Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 8. 14 CAC Octboer 23,2014 VII-5 Staff Report 15 of 23 Collier County,Florida Second Appeal -PW 2700 FEMA-1609-DR-FL October 17,2014 County's beaches] was discovered during construction . . . [in 2006] when the pre-construction survey was taken."72 Conservative Sand Loss Estimate Using Hybrid Survey Using Matlab software,Atkins then analyzed available data to calculate storm-related sand loss both for the `near beach'comparison of May 2004-March 2006,and also for the full beach out to depth of closure. Atkins utilized a more conservative methodology for calculating sand loss than had been used in all prior reports taken from surveys on the Collier County beaches. Atkins'report utilized the net methodology recommended by FEMA for calculations of sand loss.The Atkins study also utilized the"hybrid" survey it had validated,taking the sand profiles from the June 2006 survey for the portion of the Mainland Beaches between wading depth and depth of closure. These Atkins results provide an absolute minimum measurement of sand loss caused by the storm. Using this more conservative approach,Atkins concluded that the gross sand loss following Hurricanes Katrina and Wilma was 222,052 cy lost in the full beach out to depth of closure. The sand losses were allocated as follows between the beaches: Depth of Closure (Hybrid) Sand Loss Vanderbilt Beach 62,563 cy Naples Beach 155,094 cy Park Shore Beach 4,395 cy Total Sand Loss 222,052 cy The average yearly erosion rate on Collier County's beaches is 12,398 cy/per year.73 Accordingly,in the absence of disaster damage,Collier County would have experienced a loss of 22,688 CY of sand even had there been no disaster in this 1.83 year period. Accordingly, to assure a conservative computation of the losses from Hurricane Katrina and Wilma, Atkins reduced the gross losses computed above by 22,688 CY. Finally,because Collier County had added 44,000 CY of emergency beach fill that was placed near shore at Lowdermilk Park in December 2005 - prior to the March, 2006 post-disaster survey,Atkins added these losses to its determination of the overall beach losses caused by Hurricanes Katrina and Wilma. The total loss from disaster damage measured by the difference between the May 2004 pre-storm survey and the March June hybrid survey, using the conservative computations of Atkins, is 243,364 cubic yards of sand. Collier County submits that Atkins' conservative hybrid methodology provides the absolute minimum computation of sand lost on Collier County's Mainland Beaches as a result of the 2005 storms. Because this figure is much lower than the amount of sand that Collier County actually placed on these beaches to match the construction template,Collier County still submits that FEMA should use the higher CPE estimates. 72Atkins Port&Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 7. 73 Atkins Port&Coastal Engineering Report,Dated October 17,2014,Exhibit I,page 4. 15 CAC Octboer 23,2014 VII-5 Staff Report 16 of 23 Collier County,Florida Second Appeal -PW 2700 FEMA-1609-DR-FL October 17,2014 Summary:Quantity of Sand Lost by Hurricanes Katrina and Wilma: Less Amounts of Sand Currently Approved and Obligated by FEMA As noted above, Collier County's engineers in charge of the beach restoration project, CPE, provided detailed documentation in the First Appeal that the County's gross losses from Hurricanes Katrina and Wilma were 387,101 cy, per the Reports of the County's Engineers for the 2006 Mainland Beach Restoration Project. The chart below shows the currently approved sand loss totals for Hurricanes Katrina and Wilma: FEMA Obligated Sand Losses Beach Katrina Losses Wilma Losses Naples 45,762 cy 58,641 cy Vanderbilt 15,599 cy 11,803 cy Park Shores None Calculated 4,290 cy Total 61,361 cy 74,734 cy COMBINED TOTAL 136,095 cy obligated As noted in the chart above,FEMA has already obligated 61,361 cy for sand loss caused by Katrina and 74,734 cy for sand loss caused by Wilma. Therefore, the yet-to-be obligated sand loss resulting from Hurricane Wilma is 251,006 cy. This sand loss quantity is calculated by taking the total sand loss (calculated from comparing the May 2004 survey to the March 2006 survey) and adjusting for annual erosion and then subtracting the sand loss that FEMA has already obligated for Katrina and Wilma. See chart above. This calculation is a follows: 387,101 cy minus (61,361 cy +74,734 cy) = 251,006 cy. 251,006 cy is the net sand loss quantity that is basis of Collier County's second appeal. Accordingly, Collier County requests FEMA to add 251,006 cy of sand to the amount obligated in PW 2700,version 6. At the approved unit cost of$30.2381/cy this would add $7,590,044.50 to the amount obligated. Even if FEMA were to use the conservative methodology used in the Atkins Report, the 243,364 cy sand loss so measured, after deducting the 136,095 cy previously approved, would be 107,269 cy and the additional amount that should be approved on this Second Appeal would be$3,243,653.66. Collier County respectfully requests FEMA to grant this second appeal and approve the cost of restoring sand lost as a result of Hurricanes Katrina and Wilma, measured as the difference between the sand on the beach measured in May 2004 - the pre-disaster survey - and the amount of sand measured in March, 2006 - the first post-disaster survey that provided reliable results of sand loss. This work and its costs are eligible for disaster recovery funding. IV. The Cost of Engineering and Environmental Monitoring for Beach Restoration Is Eligible for Assistance and Should be Reinstated. Engineering costs and environmental monitoring costs are two categories of common costs that Collier County incurred during its 2006 Mainland Beach Restoration Project. Collier County's 16 CAC Octboer 23,2014 VII-5 Staff Report 17 of 23 Collier County,Florida Second Appeal- PW 2700 FEMA-1609-DR-FL October 17,2014 engineering costs, which were required for its beach restoration project, are eligible for public assistance funding.74 Likewise, Collier County's environmental monitoring costs are eligible for public assistance because these costs were a necessary cost in obtaining required permits - and FEMA so found specifically with respect to environmental monitoring costs of Collier County's beaches: `Because Stafford Act§406(e)(1) authorizes FEMA to reimburse the costs of repair to an improved beach`in conformity with the codes . . , applicable at the time at which the disaster occurred,'these [environmental monitoring] costs would be required and eligible regardless of the amount of sand renourished."75 Collier County's engineering and environmental costs are well documented and fully supported. Collier County incurred $1,858,301.11 in engineering and survey costs and $2,768,512.87 in environmental permitting and monitoring costs as result of its Mainland Beach Restoration Project. These environmental monitoring costs and engineering costs, which were common to all three disasters,had been included in PW 2700,version 3: Common costs including those for GLDD not already allocated for DR 1609 were intended [sic] to be addressed in this PW 2700 for DR 1609-FL costs. The justification is that PW 2700 is the only Project Worksheet to include the scope of work for dredging,dune repair,engineering,technical drawings,survey and related environmental permit requirements. A scope expansion to specifically included these GLDD costs and also included all the engineering and dredging work and the required environmental monitoring,permit,required environmental habitat reef development, ad [sic] navigation support for dredging are included in the following section.76 Yet, FEMA issued its deobligaton PW 2700 v6 that excluded, without explanation, all engineering and environmental costs for the 2006 Mainland Beach Restoration Project from funding. We note that these engineering and environmental costs were incurred for a Beach Restoration Project that included restoration of damage caused by three separate storm events. FEMA even stated, in its Gabrielle Second Appeal Decision, that "100% of [Collier County's environmental monitoring] costs should be eligible.i77 Yet, the authors of the Gabrielle Second Appeal Analysis were apparently under the misimpression that the environmental permitting, mitigation, and monitoring costs incurred by Collier County totaled $30,000,78 when in fact, this $30,000 figure was only an estimate of the project's "post construction monitoring costs".79 Collier County never 74 Second Appeal Decision,FEMA-1605-DR,PA ID#:003-32272-00;City of Gulf Shores PW#792; Engineered Beach Sand Replacement(July 13,2009)Available as of October 18,2014 at http://www.fetna.govIappeal/219329.See also Second Appeal Decision,FEMA-1628-DR PA ID#:087- 69112-00;City of Santa Cruz(engineering costs for soil erosion hazard mitigation project are eligible). 75 Second Appeal Decision PW 566 and 673,Sand Replacement from Tropical Storm Gabrielle,dated May 14,2012,See Exhibit D,at Attachment 4 at 8 of 9. 76 Exhibit D,at Attachment 10,page 9. (Emphasis added). 77 Exhibit D,Second Gabrielle Decision at Attachment 4,page 8 of 9. 78 Collier County believes that this$30,000 represented an early estimate of the actual filing fees for environmental permits. As noted in Attachment 11,page,the total filing fees in fact amounted to$19,522. 79 Id at page 7 of 8;Exhibit D,at Attachment 4 at Page 8 of 9. The source of this$30,000"cost"is unknown. The actual cost charged of the permitting itself,exclusive of required monitoring and mitigation,was$19,522. Exhibit D,at Attachment 11,page 2 of 3,line 70. 17 CAC Octboer 23,2014 VII-5 Staff Report 18 of 23 Collier County, Florida Second Appeal- PW 2700 FEMA-1609-DR-FL October 17,2014 represented $30,000 to be its total environmental monitoring costs for the beach restoration project. Collier County's actual environmental monitoring and permitting costs exceeded $2.7 million.80 We attach as Exhibit K the two Gabrielle Project Worksheets - Nos. 566 and 673, that implemented the Gabrielle second appeal decision. The only costs obligated in that decision were the sand costs - 187,696 cy times unit cost of$30.2381/cy +30,000 in environmental monitoring costs. None of the common engineering, survey, and environmental monitoring and mitigation costs were included in these Project Worksheets. Similarly, none of the engineering and environmental costs incurred to repair Hurricane Katrina damage was included in any of the Hurricane Katrina Project Worksheets.81 The only place in which these eligible engineering and environmental costs have been included in a Project Worksheet was in PW 2700,version 3. Yet, FEMA excluded these environmental monitoring costs in its PW 2700,V6 decision. These costs were not included in any of the other Project Worksheets issued by FEMA, from TS Gabrielle, Hurricane Katrina, or Hurricane Wilma, with respect to the County's beach restoration project,after implementation of the Gabrielle Second Appeal decision.82 The Wilma First Appeal Decision from which Collier County files this Second Appeal did "reinstate" $1,853,755.68 in costs incurred for "dune restoration, engineering, mobilization and demobilization, and surveys in the original obligated amount.i83 But the costs so "reinstated" were not the actual costs incurred during the renourishment project eight years ago and fully documented. Rather, the First Appeal Decision used cost estimates for Project Worksheet 2700, version 0, which was obligated on February 1, 2006, and was restricted only to costs estimated for Naples Beach.s4 Thus, rather than use actual engineering and survey costs ($1,858,301.11) for the 2006 Mainland Beach Restoration Project,the First Wilma Appeal decision approved a small fraction of engineering costs ($171,982.68 + $83,000), which were merely an estimation of the engineering costs necessary to complete the renourishment project. Further, the First Appeal used an eight year old estimate of dune restoration costs, ($1,092,500) rather than the actual costs of dune restoration that were submitted by Collier County to FEMA and included in the$1,858,301.11 summary of environmental permitting, mitigation, and monitoring costs listed in Attachment 11 to the First (and this) Appeal. In addition, the First Appeal decision awarded an estimate of$506,273 in "Mob and de-mob" costs that were in fact included in the total costs incurred by Great Lakes Dredging- and thus included in the$30.24 unit cost approved by FEMA. FEMA should obligate funds based on the documented evidence of the actual engineering and survey costs,and the actual environmental permit,mitigation,and compliance costs,which Collier 8"Exhibit D,at Attachment 11,page 2 of 3,line 40. 81 See Katrina Project Worksheets,PW 1109,PW 1110. 82 In its Gabrielle Second Decision,FEMA included$30,000 in environmental costs,which represents the costs Collier County incurred to obtain required permits. This$30,000 does not include any costs Collier County incurred for monitoring or permit compliance for the 2006 Mainland Beaches Renourishment Project. 83 First Appeal Decision,Exhibit A,at page 5. 84 FEMA reinstated those amounts that were originally included in PW 2700 v0,including$171,98268 for engineering costs. The obligated amounts in PW 2700 v0 were nothing more than"cost estimates based on cubic yard estimates provided by Collier County Beach Renourishment Bid No.05-3584." Exhibit C,page 29. 18 CAC Octboer 23,2014 V11-5 Staff Report 19 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 County submitted to FEMA for reimbursement. The total of these costs incurred for the Mainland Beach Restoration Project was $1,858,301.11 for engineering and survey costs,and$2,758,512.87 for environmental costs - or a total of$4,360,596.58. The amount of these costs approved in the First Appeal Decision was $1,853,755.68. Collier County requests reimbursement for the balance: $2,506,840.90.85 V. Section 705 (c) of The Stafford Act Prohibits the Retroactive Deobligation of PW 2700, Version 6 FEMA deobligated more than $11 million in costs in Version 6 with no independent analysis noted and merely reciting its decision in the Second Appeal in DR-1393-Gabrielle. FEMA's deobligation appears to be based on the notion that (1) FEMA must require return of grant funds, even if the funds have already been spent for the work specifically approved in grant documents,if FEMA later decides that its initial award of the grant was incorrect, and (2) concepts of reliance and estoppel are not available to grant recipients to protect themselves from retroactive deobligation. FEMA's notions are wrong. FEMA has no authority to deobligate funds when the criteria of 42 USC 5 5205(c),Section 705(c) of the Stafford Act are satisfied.86 Section 705(c) provides that a State or local government shall not be liable for reimbursement or any other penalty for any payment made under this Act if- (1)The payment was authorized by an approved agreement specifying the costs; (2) The costs were reasonable;and (3) The purpose of the grant was accomplished.87 Stafford Act Section 705(c) specifically protects states and local governments, such as the County, from financial losses when they properly spend approved Public Assistance grant funds and are faced with a subsequent FEMA determination that the grant funds should not have been awarded. Section 705 was enacted as part of the Disaster Mitigation Act of 2000 in response to concerns expressed by communities on the unfairness and financial complications caused by both delayed Public Assistance audits and by retroactive disallowance of Public Assistance grants. Section 705 applies without regard to the forum in which reimbursement is sought, and without regard to whether the event triggering a request for reimbursement stems from an audit report or any other cause - as long as the three criteria specified in Section 705(c) are met. These criteria are indeed satisfied in the case of PW 2700. S5 In its First Appeal Decision for Wilma,FEMA obligated amounts for dune repair,mobilization and demobilization that could constitute engineering costs. We are unable to discern whether FEMA intended for these costs to reimburse Collier County for engineering costs because FEMA's costs description do not align with Collier County's purchase order descriptions. 86 See,South Florida Water Management District a FEMA,Case No. 13-80533-CIV (S.D.Fla.Sept. 18,2014),Exhibit 0. 87 42 U.S.C. §5205(c). 19 CAC Octboer 23,2014 VII-5 Staff Report 20 of 23 Collier County,Florida Second Appeal -PW 2700 FEMA-1609-DR-FL October 17,2014 705(c)Factor 1:Approved Agreement Specng the Costs A grant agreement exists between FEMA and the State, as grantee; a sub-grant agreement exists between the State and the County, as sub-grantee; and FEMA prepared, approved and obligated, and the County and State accepted and relied upon, a PW specifying the costs. Collier County incurred more than$9.2 million in costs pursuant to the"approved agreement" of PW 2700,version 3, in conjunction with the FEMA-State Agreement. FEMA obligated PW 2700, version 0 to renourish 58,641 CY of disaster-related sand lost on the Naples beach resulting from Hurricane Wilma. FEMA subsequently processed PW 2700 versions 1 and 2, which revised funding to account for the cost share increase granted for the disaster declaration. FEMA later obligated PW 2700, version 3, on August 27, 2010, to capture the unallocated amount of the total sand renourishment costs that Collier County incurred to restore its beaches. This increased the PW funding from $3,381,940.54 to $12,868,465.94. FEMA approved the PW to enable Collier County to repair its beaches to their pre-disaster conditions and PW 2700 V3 specified the costs for the repair work. Therefore, Collier County's payments for costs associated with repair of its Mainland beaches were authorized by PW2700 V3 up to $12.8 million. There is no basis for FEMA to deny Collier County reimbursement for the remaining unobligated $9.2 million that Collier County spent in accordance with the PW's scope of work. 5 705(c)Factor 2:Reasonable Costs As noted above, Collier County's costs were reasonable. The original scope of work in PWs sought to restore Collier County's Mainland Beaches to their pre-storm condition. Therefore, the costs incurred by Collier County to renourish its beaches to their pre-storm condition fit within the original scope of work for the PWs and were reasonable. FEMA does not allege that Collier County paid contract rates or paid invoices for work that exceeded reasonable prevailing costs. Nor does FEMA allege that Collier County gold plated the beach restoration project. Instead, FEMA claims that Collier County's costs were not reasonable because the costs were incurred to place ineligible sand on the beaches. FEMA claims that it deobligated funds because Collier County's increased work performed and the costs captured in PW 2700,Version 3 were not related to sand loss resulting from the declared event as documented by pre- and post-storm surveys. However,Collier County has demonstrated that the amount of placed sand corresponds to the amount of documented storm-related sand loss. Accordingly, Collier County's costs related to its beach renourishment project were reasonable costs and those costs should be reimbursed. 5705(c)Factor 3:Purpose of Grant Accomplished The purpose of the grant was accomplished; The County renourished and repaired its mainland beaches to their pre-storm condition as originally approved in the various PWs, and for the reasonable costs as confirmed in PW 2700 V3. When the purpose of the grant is accomplished, the third factor of Section 705(c) is satisfied. Because all three criteria of Section 705(c) are satisfied, FEMA is prohibited from using PW 2700 V6 to deobligate more than$9.2 million in funding to Collier County. 20 CAC Octboer 23,2014 VII-5 Staff Report Collier County, Florida 21 of 23 Second Appeal- PW 2700 FEMA-1609-DR-FI. October 17,2014 VI. Conclusion FEMA deobligated funds to Collier County because the sand placed by the County to fully restore its beaches to their pre-storm following Hurricane Wilma exceeded the volume of sand that FEMA originally attributed to Wilma. However, FEMA relies upon a flawed post-storm survey to calculate the storm-related sand loss following Hurricane Wilma. FEMA also fails to allocate funds to Collier County for the costs Collier County incurred to repair storm-related damages to its mainland beaches. Therefore, FEMA's deobligation of funding to Collier County in PW 2700 V6 is in error. In addition, FEMA deobligated funds for environmental monitoring and permitting that Collier County performed as a direct result of the storms. Collier County requests that its funding be stored commensurate with the documented costs incurred to repair the storm-related damage to its mainland beaches. These costs were directly related to the restoration and are eligible for funding. The majority of the costs at issue involve whether the November 2005 post-storm survey or the March 2006 post storm survey provides the most accurate calculation of storm related damages to Collier County's beaches. We have demonstrated that the work that FEMA disallowed in PW2700 V6 is expressly eligible for disaster recovery funding. Collier County incurred these claimed costs repairing its beaches in the 2006 renourishment project and Collier County's costs were reasonable and within the scope of work for the applicable PWs.. Under these circumstances, it is unconscionable and prohibited by Stafford Act Section 705(c) - to deny the Collier County reimbursement of these costs. Section 705(c) applies to protect applicants like Collier County where the applicant has already performed the work -- and has necessarily expended the funds advanced by the grant - and thus achieved the purposes of the grant. • The County is not liable for reimbursement for two reasons: (1) because Section 705(c) prohibits reimbursement and (2) because all of the work performed in Collier County's 2006 Mainland Beach Renourishment Project and captured in PW 2700 V3 actually repaired damage to Collier County's beaches that occurred as a direct result of storm-related sand loss. The County requests that you grant this appeal. Respectfully Submitted, 44th, .E. Coastal Zone agement Collier C ty, orida Ernest B.Abbott, Of Counsel Marlena P. Pickering,Associate Baker, Donelson,Bearman,Caldwell& Berkowitz, PC Special Counsel to Collier County, Florida 21 CAC Octboer 23,2014 VII-5 Staff Report 22 of 23 Collier County, Florida Second Appeal- PW 2700 FEMA-1609-DR-FL October 17,2014 Exhibits Exhibit A: FEMA First Appeal Decision dated August 1,2014 and Florida Department of Emergency Management transmittal letter dated August 20,2014 Exhibit B: Engineer Report from Coastal Planning&Engineering, Inc. for the November 2005 survey. Exhibit C: Project Worksheets 1109, 1110 (FEMA-1602-DR-FL,Katrina),2698,2700,2704 (FEMA-1609-DR-FL,Wilma)version 0. Exhibit D: Collier County Second Supplement to First Appeal with Attachments, dated February 22,2013. Attachment 1: FEMA Deobligation FEMA-DR-1609-FL, dated July 25, 2012. Attachment 2: First Appeal PW 2700,dated October 23, 2012. Attachment 3: Supplement to First Appeal Decision, dated October 24,2012. Attachment 4: Second Appeal Decision,PW 566 and 673, Sand Replacement from Tropical Storm Gabrielle, dated May 14, 2012. Attachment 5: Florida Department of Environmental Protection (FDEP) Letter "Notice to Proceed", dated December 16,2005. Attachment 6: FDEP Letter regarding amendment to permit, dated October 11, 2005. Attachment 7: Revised Re-Assessment of 2002-2005 storm losses for Collier County Beach Renourishment Projects,revised January 23,2013. Attachment 8: Project Worksheet 2700 Version 3. Attachment 9: "Tropical Storm Gabrielle,Hurricanes Katrina and Wilma Storm Impact Re-Assessment Report, 1995-1996 Collier County Beach Nourishment Project", dated January 2010. Attachment 10: Project Worksheet 2700 Version 6. Attachment 11: Reconciliation for 2nd Appeal on PW 2700 for 3 Mainland Beaches. Attachment 12: FEMA Publication 322,Public Assistance Guide,2001,page 75. Exhibit E: Project Worksheets 1109, 1110 (FEMA-1602-DR-FL, Katrina), 2698, 2704 (FEMA-1609-DR-FL,Wilma) Closeout versions. 22 CAC Octboer 23,2014 VII-5 Staff Report 23 of 23 Collier County,Florida Second Appeal-PW 2700 FEMA-1609-DR-FL October 17,2014 • Exhibit F: Chart of History of Sand Loss Quantities on Collier County Mainland Beaches. Exhibit G: FEMA January 21,2010 letter from Sid Melton to Robert Seibert. Exhibit H: Project Worksheet 566-Draft.Final Inspection&Closeout version 3,dated 2010. Exhibit I: Atkins Port and Coastal Engineering Report,Dated October,2014. Exhibit J: Curriculum Vitae of Atkins Port&Coastal Engineering team. Exhibit K: Project Worksheets 566&673-Post-Gabrielle Second Appeal-version 3, dated 2014. Exhibit L: Tropical Storm Gabrielle Project Worksheets 566, 568, 575 version 1. Exhibit M: [Reserved] Exhibit N: Beach Renourishment Construction photos. Exhibit 0: South Florida Water Management District v. FEMA, Case No. 13-80533-CIV (S.D. Fla. Sept. 18,2014). 23 CAC October 23,2014 VIII-1 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Contract No. 14-6343 — Tropical Storm (TS) Debbie Naples Beach Renourishment (Sand Supply and Delivery) to supply and deliver approximately 78,678 tons of beach quality sand as authorized by the Federal Emergency Management Agency (FEMA) PW 0679-Naples Beach Renourishment project to Phillips and Jordan, Inc. for $1,823,635.56 (Project 195-90038), authorize staff to withhold Notice- to-Proceed issuance until the FEMA PW revision has been issued, authorize all required budget amendments,and make a finding that this item promotes tourism. OBJECTIVE: To provide and deliver beach quality sand for the TS Debbie-Naples Beach Renourishment. CONSIDERATIONS: This beach renourishment is 100% in response to damages created by TS Debbie to the Naples beach with reimbursement of 75% of eligible federal storm expenses and 12.5%of eligible state storm expenses. ITB No. 14-6343 for the supply and delivery of approximately 78,678 tons of beach quality sand as authorized by FEMA PW 0679 was posted on August 29, 2014 with notices sent to 1,825 firms and 41 firms downloading full packages. Two responses were received on the September 15, 2014 due date. Staff evaluated the bids and determined that Phillips and Jordan, Inc. was the lowest qualified and responsive bidder. The Board of County Commissioners local vendor preference policy was not included in this solicitation given that grant stipulations require full and open competition. Phillips and Jordan, Inc. is a very experienced contractor that has successfully completed the hauling and placement of last year's Park Shore and Naples beach renourishment. Sand for this project will be provided by the Stewart Mine in Immokalee, Florida. The Stewart Mine has provided the sand for all of the Collier County truck haul projects since 2010. Phillips and Jordan has reviewed the County's schedule and is committed to work with the sand placement contractor to renourish the Naples Beach with approximately 78,678 tons of sand. Beach renourishment must be complete by 12/20/2014. Truck haul routes inside Lee County have been discussed and approved by Lee County Assistant County Manager Douglas Meurer and staff. Truck routes inside the City of Naples have been approved by the Naples City Council. Staff recommends that ITB No. 14-6343 be awarded to Phillips and Jordan, Inc. as the lowest, qualified and responsive bidder. The bid tab is listed as Attachment A. A Notice-to-Proceed (NTP) to Phillips and Jordan, Inc. will not be issued until FEMA has updated the means and methods to PW 0679 to allow truck haul construction from an upland sand source. This is expected to be in place by 10/28/2014. However, staff is requesting that the BCC approve this contract but direct staff to withhold issuance until the FEMA PW revision has been issued. CAC October 23,2014 VIII-1 New Business 2 of 2 FISCAL IMPACT: The expenditure of$1,823,635.56 for the supply and delivery of sand to the Naples Beach Renourishment project (Project 195-90038) was anticipated during development of the FY 14/15 Tourist Development Tax Beach Renourishment Fund (195) budget. A budget amendment will be necessary to move funds in the amount of$1,823,635.56 from Tourist Development Tax Fund 195, Project 80096 — Beach Analysis design into Project 90038—TS Debbie Naples Beach PW 0679. The cost for the entire project including the sand supply, delivery, placement, CEI and engineering activities is currently estimated at $2,730,000. $2,500,000 was originally budgeted for this project. Funding is available through TDC Fund 195 reserves and will reduce reserves for future construction by approximately$230,000. Federal Emergency Management Administration (FEMA) Disaster 4068 - PW 0679-1 has been authorized to provide emergency funding to repair the damages to the Naples Beach. This PW will reimburse Collier County for 75% of eligible federal storm expenses and 12.5% of eligible state storm expenses. It is expected that all but the 12.5% (approximately $227,955) local share of eligible expenses will be reimbursed to Collier County using TDC Fund 195. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. COMMITTEE RECOMMENDATIONS: This item will be presented to the Coastal Advisory Committee on 10/23/2014 for a recommendation of approval and 10/27/2014 to the Tourist Development Council for a recommendation of approval. Results of these advisory board actions will be sent to the Board of County Commissioners after each Advisory Board meeting. 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 approve and authorize the Chairman to execute Contract No. 14-6343 — Tropical Storm (TS) Debbie Naples Beach Renourishment (Sand Supply and Delivery) to supply and deliver approximately 78,678 tons of beach quality sand as authorized by FEMA PW 0679-Naples Beach Renourishment project to Phillips and Jordan, Inc. for $1,823,635.56 (Project 195-90038); authorize staff to withhold Notice-to-Proceed (NTP) issuance until the FEMA PW revision have been issued; authorize all required budget amendments and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management Attachment A: Bid Tabulations Attachment B: Phillips and Jordan, Inc. 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Q L- L a a , 0 0 _ CAC October 23,2014 VIII-1**New Business 1 of 70 AGREEMENT 14-6343 For Naples Beach Renourishment(Sand Supply and Delivery) 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 Phillips and Jordan, Inc., authorized to do business in the State of Florida, whose business address is 8940 Gall Blvd, Zephyrhills, FL 33541(hereinafter referred to as the "Contractor"). WITNESSETH: 1. COMMENCEMENT. The Contractor shall commence the work upon issuance of a Notice to Proceed ("NTP"). The contract shall be for a thirty-three (33) day period, commencing on November 10, 2014 and terminating December 13, 2014, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Contractor shall supply sand and provide delivery services for the Natural Resources Department in accordance with the terms and conditions of ITB #14-6343 — Naples Beach Renourishment (Sand Supply and Delivery) and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. 3. THE CONTRACT SUM,. The Owner shall pay the Contractor for the performance of the Work pursuant to the unit prices offered by the Contractor in his response to ITB #14-6343 - Naples Beach Renourishment (Sand Supply and Delivery). 4. NOTICES. All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following Contractor's address of record: Phillips and Jordan, Inc. 8940 Gall Blvd Zephyrhills, FL 33541 Telephone: 813-783-1132 FAX: 813-783-3140 Attn: Art Phelps, Asst. Vice President All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Page -1- CAC October 23,2014 VIII-1"New Business 2 of 70 Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Director, Procurement Services Phone: 239-252-8407 Fax: 239-252-6480 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. Owner will not be obligated to pay for any permits obtained by Subcontractors. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 8. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement 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. 9. NO DISCRIMINATION,. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 10. INSURANCE. The Contractor shall provide insurance as follows: Page -2- CAC October 23,2014 VIII-1"New Business 3 of 70 A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non- Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 11. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor 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 or anyone employed or utilized by the Contractor 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. 11.1 The duty to defend under this Article 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page -3- CAC October 23,2014 VIII-1"New Business 4 of 70 12. BONDS. A. When a construction project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit"A". C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 13. PAYMENTS. Generally, the Contractor will be paid upon completion; however, for Work in excess of thirty (30) days, the Contractor may indicate on his response to the Request for Quotation his wish to receive Progress Payments. Subsequent to the first payment, Contractor must provide Owner with a fully executed Release and Affidavit in the form attached hereto as Exhibit "B" as a condition precedent to release of each progress payment. All applications for payment, whether for full payment or a progress payment shall be in writing, and in substantially the form attached hereto as Exhibit"C". 14. PAYMENTS WITHHELD. Owner may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b)third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 15. SUBMITTALS AND SUBSTITUTIONS,. Any substitution of products/materials from specifications shall be approved in writing by Owner in advance. 16. CONTRACT TIME AND TIME EXTENSIONS,. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and materialmen, as well as coordinating its Work with all work of Page -4- .�� CAC October 23,2014 VIII-1"New Business 5 of 70 others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 17. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Ordinance and Procedures in effect at the time such modifications are authorized. 18. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in accordance with the Purchasing Ordinance and Purchasing Procedures. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. Page -5- aa CAC October 23,2014 VIII-1"New Business 6 of 70 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the ITB, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 23. WARRANTY. Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. TESTS AND INSPECTIONS,. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. Page -6- �a CAC October 23,2014 VIII-1"New Business 7 of 70 26. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 27. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 28. LIQUIDATED DAMAGES. The "Commencement Date" shall be established in the NTP to be issued by the Owner. Contractor shall commence the work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. The Work shall be substantially completed within the time specified in the Request for Quotation. The date of substantial completion of the Work (or designated portions thereof) is the date certified by the Owner when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. The Work shall reach final completion and be ready for final acceptance by Owner within the time specified in the Request for Quotation. Owner and Contractor recognize that since time is of the essence for any work under this Agreement, Owner will suffer financial loss if the Work is not substantially completed within the time specified in the Request for Quotation. Should Contractor fail to substantially complete the Work within the specified time period, Owner shall be entitled to assess as liquidated damages, but not as a penalty, the amount specified in the Request for Quotation for each calendar day thereafter until substantial completion is achieved. Page -7- da CAC October 23,2014 VIII-1•*New Business 8 of 70 The Project shall be deemed to be substantially completed on the date the Owner issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to substantially complete the Work in a timely manner. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. 29. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Natural Resources Department. 30. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully a part of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate(s), ITB No. 14-6343, Exhibit "A" Public Payment Bond and Public Performance Bond, Exhibit "B" Release and Affidavit Form, Exhibit "C" Form of Contract Application for Payment, Exhibit "D" Supplemental Terms and Conditions, Addenda, and any Quotation(s), made or issued pursuant to this Agreement. 31. 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, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 32. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 33. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. 34. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Contractor 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 Contractor 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. Page-8- da CAC October 23,2014 VIII-1"New Business 9 of 70 35. VENUE. 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. 36. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 37. AGREEMENT TERMS., If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 38. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 39. DISPUTE RESOLUTION. 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 Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County 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 Contractor with full decision- making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County'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. 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. 40. SAFETY. All contractors and subcontractors 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. Also all Contractors and subcontractors 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. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non-negotiable by any Page -9- va CAC October 23,2014 VIII-1**New Business 10 of 70 department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Department Safety Manager and/or Safety Engineer. ***************************Remainder of page intentionally left blank******************************* Page -10- CAC October 23,2014 VIII-1"New Business 11 of 70 IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Tom Henning, Chairman Dated: (Seal) Phillips and Jordan, Inc. Contractor By: First Witness Signature Print Name and Title Print Name and Title Second Witness Print Name and Title Approved as to Form and Legality: Assistant County Attorney Page -11- d� CAC October 23,2014 VIII-1"New Business 12 of 70 EXHIBIT A PUBLIC PAYMENT BOND Bond No. Contract No. 14-6343 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this _ day of , 20 , the name of under-signed representative, pursuant to authority of its governing body. Page -12- d� CAC October 23,2014 VIII-1"New Business 13 of 70 Signed, sealed and delivered in the presence of: PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR Page -13- CAC October 23,2014 VIII-1**New Business 14 of 70 As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -14- da CAC October 23,2014 VIII-1**New Business 15 of 70 EXHIBIT A-2 PUBLIC PERFORMANCE BOND Bond No. Contract No. 14-6343 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to , as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys'fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -15- CAC October 23,2014 VIII-1**New Business 16 of 70 This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of : PRINCIPAL: By: Witnesses as to Principal Name: Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 201 , by , as of , a corporation, on behalf of the corporation. He/She is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -16- or4) CAC October 23,2014 VIII-1"New Business 17 of 70 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witness as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Business Address) (Printed Name) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by_ , as of , Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature of Notary) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: Page -17- CAC October 23,2014 VIII-1**New Business 18 of 70 EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated 20 for the period from to (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses [Corporate Seal] STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Page -18- t��0 CAC October 23,2014 VIII-1"New Business 19 of 70 EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. 14-6343 (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Amount: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $_ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1)all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances(except such as covered by Bond acceptable to OWNER); (3)all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional : (DP's Name) (Signature) DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) Page -19- CAC October 23,2014 VIII-1"New Business 20 of 70 Exhibit D—Supplemental Terms and Conditions (following this page) Page -20- CAC October 23,2014 VIII-1""New Business EXHIBIT"D"Supplemental Terms and Conditions 21 of 70 Contract 14-6343 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. 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. Termination for Cause and for Convenience 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: a) Not less than ten (10) calendar days written notice(delivered by certified mail, return receipt requested) of intent to terminate; and b) An opportunity for consultation with the terminating party prior to termination. 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 I (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made, but no amount shall be allowed for anticipated profit on unperformed services or other work,and 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 10/1/2012 Revision 2 1 CAC October 23,2014 VIII-1"New Business 22 of 70 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. Upon receipt of a termination action under paragraphs(a) or(b) above, the contractor shall • promptly discontinue all affected work(unless the notice directs otherwise) and • 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. 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: • 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. • 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. • 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. • 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. • 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. • 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. 03/04/2013-(2) 2 CAC October 23,2014 VIII-1"New Business 23 of 70 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions • 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." 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. 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. 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. Reporting The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. 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. 03/04/2013-(2) 3 CAC October 23,2014 VIII-1`"New Business 24 of 70 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. 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. 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). 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). Debarment and Suspension (Executive Orders 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.mvflorida.com/business/operations/state/purchasing/vendor information. 03/04/2013-(2) 4 CAC October 23,2014 VIII-1"New Business 25 of 70 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions If appropriate to the project,the Contractor will provide assurances regarding the following: • It will establish safeguards to prohibit discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973. • It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes. • It will comply with the Rehabilitation Act of 1973, Section 504,29U.S.C.794, regarding non- discrimination. • It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 $ Section 101-19.6 for general type buildings and Appendix A to 24 am Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. • It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- • 1683 and 1685- 1686),which prohibits discrimination on the basis of sex. • It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C.4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism. • It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and • 290 ee-3)as amended,that relate to confidentiality of alcohol and drug abuse patient records. • It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.: 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures. • It will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto. • It will comply with environmental standards which may be prescribed pursuant to the National • Environmental Policy Act of 1969,42 U.S.C. 4321-4347. • It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C.469a, et seq. • It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974(42 U.S.C. 300f-300j) regarding the protection of underground water sources. • It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642. • It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626. • It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544. • It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-763. • It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system. • It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice). • It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510. • It will assure project consistency with the approved state program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464. • It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. 03/04/2013-(2) 5 CAC October 23,2014 VIII-1"New Business 26 of 70 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Certifications and Forms THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Disclosure of Lobbying Activities 4. Conflict of Interest Affidavit 5. Anticipated DBE or M/WBE Participation Statement 6. Construction Contractors Bid Opportunity List 03/04/2013-(2) 6 CAC October 23,2014 VIII-1**New Business 27 of 70 COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of Its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Art Phelps Naples Beach Renourishment(Sand Supply&Delivery) Name Project Name Asst.Vice President 14-6343 Title Project Number Phillips and Jordan.Inc. 56-0694573 Firm Tax ID Number 8940 Gall Blvd. 00-384-5336 Street Address DUNS Number Zephyrhills,FL 33541 City, State Zip k5k., 9.15.2014 Signature Date 03/04/2013-(21 7 CAC October 23,2014 VIII-1"New Business 28 of 70 Collier County Acknowledgement of Terms, Conditions, and Grant Clauses 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 available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor 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. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Phillips a d Jordan,Inc. Date 9.15.2014 IJA- Authorized Signature Address 8940 Gall Blvd. Zephyrhills,FL,33541 Solicitation Naples Beach Renourishment(Sand Supply&Delivery) Contract# 14-6343 • 10/1/2012 Revision 2 8 0 CAC October 23,2014 VIII-1**New Business 29 of 70 COLLIER COUNTY CERTIFICATION REGARDING LOBBYING The undersigned Phillips and Jordan.Inc. (Vendor/Contractor) certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions(as amended by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.1413 (1/19/96). Note:Language in paragraph (2)herein has been modified In accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L.104-65,to be codified at 2 U.S.C.1601,etseq.)) (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction Imposed by 31,U.S.C.§ 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure or failure.] The Vendor/Contractor, Phillips and Jordan,Inc , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. GIPIeRr Signature of Vendor/Contractor's Authorized Official Art Phelps,Asst.Vice President Name and Title of Vendor/Contractor's Authorized Official 9.15.2014 Date 03/04/2013-(2) 9 CAC October 23,2014 VIII-1""New Business 30 of 70 CONFLICT OF INTEREST CERTIFICATION 14-6343 Collier County Solicitation No. I, Phillips and Jordan,Inc. , hereby certify that to the best of my knowledge,neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer,director,trustee,general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. Art Phelps Name Signature Asst.Vice President 9.15.2014 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978(5 U.S.C.App.),Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information.The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made:(1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding If the government is a party or in order to comply with a judge-issued subpoena;(3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National Archives and Records Administration or the General Services Administration In records management inspections;(5)to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)In response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the Information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law.See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. LC\� CAC October 23,2014 VIII-1"New Business 31 of 70 COLLIER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT 08E/MBE/WBE Status will be verified. Unverlfabis statuses will require the PRIME to either proide a revised statement or provide source documentation that validates a status. 4 ait PRIME NAME PRIME FEID NUMBER CONTRACT DOUAR AMOUNT Philli•s and Jordan,Inc. 56-0694573 $1,823,635.56 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y N CONSTRUCTION? Y. N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y CONSULTATION? Y b ADMINISTRATION? WEE? Y N OTHER? Y lel SDB 8A? Y N i �Lf.,l�{ire�:r.�:Ta91.[•T,t; V N IF YES,REVISION NUMBER • DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT NAME SPECIALTY See Below DOLLAR AMOUNT DOLLARS DBE M/WBE None __ ■�. DBE M/WBE DBE M/WBE _,__■ DBE M/WBE ■__._�-®-� DBE M/WBE __.-.■ DBE M/WBE ,_.--■�.---■ TOTALS: •;.1- NA' OF SUBMITTER DATE TITLE OF SUBMITTER Art Phel•s 9.15.2014 Asst.Vice President EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER flestimate@pandj.com 813.783.1132 813.783.3140 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount Is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the Information for the grant compliance files. ((1 1aylHA kint Subcont.Asian American SAA Non-Minorf Women NMW EOM • DEPARTMENT NAME COWER CONTRACT It(IFB/RFP or PO/REQ) FUNDING SOURCE ACCEPTED BY: DATE it CAC October 23,2014 VIII-1**New Business 32 of 70 CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1, Federal Tax ID Number: None 6. ❑ DBE B. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3, Phone: ❑ Between$1 -$5 million 4. Address: 0 Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6, ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 12 CAC October 23,2014 VIII-1**New Business 33 of 70 CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: None 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: El Between $1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ B• etween$5-$10 million 7. ❑ Subcontractor El Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ L• ess than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ B• etween$1 -$5 million 4. Address: ❑ B• etween$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 13 1 CAC October 23,2014 VIII-1**New Business 34 of 70 Coif er County Adnirestrative Services Division Purd3aavto GRANT FUNDED INVITATION TO BID Date: 08/29/2014 From: Adam Northrup, Procurement Strategist (239) 252-6098, Telephone Number (239) 252-6302, FAX Adamnorthrup @colliergov.net, Email Address To: Prospective Vendors Subject: Solicitation: 14-6343 Naples Beach Renourishment(Sand Supply and Delivery) As requested by the Natural Resources Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre-ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website:www.collieraov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. We look forward to your participation in Collier County's competitive procurement process. cc: Gary McAlpin, Natural Resources • Purchasing Department•3327 Tartuam Trail East Naples,Florida 34112-4901•www.cowergov.neVporchasmg #14-6343 1 Naples Beach Renourishment(Sand Supply and Delivery) 77, 7 r`la CAC October 23,2014 VIII-1"New Business 35 of 70 Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT I.A:GRANTING AGENCY REQUIREMENTS 7 EXHIBIT II:GENERAL BID INSTRUCTIONS 8 EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 13 EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 16 ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 23 ATTACHMENT 2:VENDOR'S CHECK LIST 24 ATTACHMENT 3:VENDOR RESPONSE FORM 25 ATTACHMENT 4:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 27 ATTACHMENT 5:VENDOR SUBSTITUTE W—9 28 ATTACHMENT 6:INSURANCE AND BONDING REQUIREMENTS 29 #14-6343 2 Naples Beach Renourishment(Sand Supply and Delivery) O``I� CAC October 23,2014 VIII-1"New Business 36 of 70 Public Notice Sealed bid responses for Solicitation 13-6343—Naples Beach Renourishment(Sand Supply and Delivery),will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00 p.m. Collier County local time on Monday September 15,2014, ITB responses received after the stated time and date will not be accepted. Solicitation 13-6343—Naples Beach Renourishment(Sand Supply and Delivery) ® No pre-bid conference will be held for this solicitation All questions regarding this ITB must be submitted online on the Collier County Purchasing Department Online Bidding System website: www.collieraov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective vendors. All solicitation responses must be made on the official ITB response forms included and only available for download from the Collier County Purchasing Department Online Bidding System website noted herein. ITB Documents obtained from sources other than Collier County Purchasing Online Bidding System may not be accurate or current. Collier County encourages vendors to utilize recycled paper on all manual bid response submittals. 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 Joanne Markiewicz Director, Procurement Services Publicly posted on the Collier County Purchasing Department website: www.collieraov.net/ourchasinq and in the lobby of the Purchasing Building on 08/29/2014. #14-6343 3 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 37 of 70 Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Natural Resources Department(hereinafter,the"Division or Department"),the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and specifications stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners purchasing ordinance. Brief Description of Purchase Supply and Delivery of sand,from an approved upland sand source,for the Naples Beach Renourishment Project. Please note,this is for supply and delivery of sand only. Background The nourishment project will be constructed using an upland sand source. The project has three approved upland sand sources: Immokalee(Stewart),Witherspoon (Vulcan), and Lake Wales (Cemex), but not limited, to these three mines as long as it meets FDEP QA/QC qualifications. It is assumed that the sand will have no greater than a 6% moisture content, leading to a relationship of 1.5 tons/cy for sand delivery from the pit. Any truck that is loaded with a moisture content greater that 6%,the tonnage and payment will be adjust accordingly. The total volume of material is 52,452 cubic yards(78,678 tons) of beach quality sand. Detailed Scope of Work See Exhibit V—Technical Specifications 14-6343 Sand Sources See Exhibit VI —Standard Details(Sand source) 14-6343 Delivery Routes See Exhibit VII—Truck Routes 14-6343 Permits See Exhibit VIII—FDEP& USACE Permits 14-6343 Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s),time requirements, and required document submissions. *14-6343 4 Naples Beach Renourishment(Sand Supply and Delivery) l CAC October 23,2014 VIII-1**New Business 38 of 70 • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids/projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in accordance with the following methodology: On Attachment 7—Bid Schedule, input unit pricing for lines 1 —5, as demonstrated below in yellow. PLEAS ' • TABLE ls 'f . _ ex� .... ... AtTA 1T 7. Item • ° 'y - rb lot*.:. 1 Provide sand Ton 78,678 $0.00 2 Transport sand Ton 78,678 $0.00 3 Sediment QA/QC Testing Lump Sum 1 $0.00 4 Maintenance of Traffic Lump Sum 1 $0.00 Project Management/Truck 5 Trackin Lum Sum 1 $0.00 6 BID TOTAL $0.00 The unit pricing will be multiplied by the requested quantities on each line to yield each individual line's subtotal. The Subtotals from lines 1 —5 will be added together to yield line 6 BID TOTAL. Report line 6 BID TOTAL on Attachment 3: Bid Response Form. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The contract will be in the form of a Collier County short form construction contract. Term of Contract The contract term, if an award(s) is/are made is intended to be for current needs only. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable Event Date Issue Solicitation Notice 08/29/2014 Last Date for Receipt of Written Questions 09/10/2014, 3:00PM Solicitation Deadline Date and Time 09/15/2014, 3:00PM Anticipated Evaluation of Submittals Week of 09/15/2014 Anticipated Completion of Contract Negotiations Week of 09/22/2014 Anticipated Board of County Commissioner's Contract 10/14/2014 Approval Date #14-6343 5 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1'"New Business 39 of 70 Vendor Required Documents • Attachment 2:Vendor's Check List • Attachment 3: Vendor Response Form • Attachment 4: Immigration Law Affidavit Certification • Attachment 5: Vendor Substitute W—9 • Attachment 6: Insurance and Bonding Requirements • Attachment 7: Bid Schedule • E-Verify company profile page or memorandum of understanding • Excluded Parties List System Documentation located at:www.sam.aov, and select SEARCH. • Exhibit I—Supplemental Terms and Conditions #14-6343 6 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 40 of 70 Exhibit I: Granting Agency Requirements See file titled Exhibit I —Supplemental Terms and Conditions #14-8343 7 Naples Beach Renourishment(Sand Supply and Delivery) ,��_ CAC October 23,2014 VIII-1"New Business 41 of 70 Exhibit II: General Bid Instructions 1. Purpose/Objective As requested by the Collier County departments or divisions identified in Exhibit 1,the Collier County Board of County Commissioners Purchasing Department(hereinafter, the County) has issued this Invitation to Bid (hereinafter,the"ITB", or"Bid")with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and/or attached herein/hereto.The successful vendor will hereinafter be referred to as the"Vendor". All bids must be submitted on the Bid forms furnished by the County noted in Attachments 2, 3, 4, 6, 6,and 7 of this ITB. No bid will be considered unless the Bid form is properly sinned.Vendor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non-responsive. 2. Pricing Vendors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty(180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed.The omission of a response or a no-bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non-responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and/or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and/or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance,design,etc. to the item specified. Where an equal or similar is bid,the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.)and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with the Bid. These samples must be submitted to the County during the bid evaluation period. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #14-6343 8 Naples Beach Renourishment(Sand Supply and Delivery) �ti CAC October 23,2014 VIII-1"New Business 42 of 70 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Vendors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the Vendors intent to fully comply with the specifications as written. Exceptions taken by the Vendor may be deemed grounds for rejection of bid response. 7. Addenda The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications prior to the deadline for submission of Bids.All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all vendors registered under the applicable commodity code(s)at the time when the original ITB was released, as well as those vendors who downloaded the ITB document.Additionally, all addendums are posted on the Collier County Purchasing Department Online Bidding System website:www.collieroov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission The County preferred method of bid submittal is electronic. All electronic bids shall be submitted online via the Collier County Purchasing Department Online Bidding System website:www.collieroov.net/bid. If you are unable to submit via the Online Bidding System, all paper bids shall be submitted to the County Procurement Director, Collier County Government Complex, Purchasing Building"G", Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no responsibility for bid responses received after the due date and time, or at any office or location other than that specified herein, whether due to mail delays, courier mistakes, mishandling, inclement weather or any other reason. Late bid responses shall be returned unopened, and shall not be considered for award. Vendors must submit one(1)paper CODY clearly labeled "Master." and one(1)compact disks(CD's/DVD's)with a copy of the vendor's proposal on each CD in Word. Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. All bids sent by courier service must have the bid number and title on the outside of the courier packet. Vendors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. #14-6343 9 Naples Beach Renourishment(Sand Supply and Delivery) ll CAC October 23,2014 VIII-1"New Business 43 of 70 9. Questions If the vendor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website:www.collieroov.net/bid. Questions will not be answered after the date noted on the ITB. Vendors 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 identified in the Public Notice. 10. Protests Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 11.Rejection and Waiver The County reserves the right to reject any and all bids,to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Vendors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non-responsive. 12.Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process,from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 13.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.ora/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. 14.General Information #14-6343 10 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 44 of 70 When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid,the County shall ask vendors to submit certification that they have a drug-free workplace in accordance with Section 287.087 Florida Statutes. 15.Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Award shall be made in a manner consistent with the County's purchasing ordinance. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. 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. 16. Grant Funded Purchases Vendors submitting proposals for this purchase must validate that they 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. Information for the former"Excluded Parties List System" may be found at the System for Award Management(SAM)website at www.sam.gov, and select SEARCH. This is a free web-site which consolidates Federal procurement systems and the Catalog of Federal Domestic Assistance. Currently CCR, FedReg, ORCA and EPLS have been migrated into SAM. a. American Recovery and Reinvestment Act of 2009 Special Terms and Conditions: The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act)was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Registration: Section 1512 provides that first tier Contractors of ARRA funds must register with Central Contractor Registration database(CCR). CCR registration can be completed at http://www.ccr.00v. CCR registration must be completed before the first quarterly Section 1512 report is due. ii. Reporting: Section 1512 provides for federal reporting on projects funded by the American Recovery and Reinvestment Act of 2009(ARRA), requires vendors contractors to report their Dun and Bradstreet number(DUNS). Vendors who do not know their DUNS number may receive more information through www.dnb.com and select"D&B D-U-N-S Number." A DUNS number request takes approximately 30 days to receive and there is no cost. #14-6343 11 Naples Beach Renourishment(Sand Supply and Delivery) ��7 CAC October 23,2014 VIII-1'•New Business 45 of 70 Vendors will need this number if they are awarded a project with ARRA funds by Collier County. If a project is grant funded, and to satisfy the grant reprinting requirements,the County may require additional reporting information from the vendor(i.e.job reports, etc.). iii. Buv American: Section 1605(a)of the Recovery Act directs that, subject to certain exceptions, no funds appropriated or otherwise made available for a project may be used for the construction, alteration or repair of a public building or public work unless all the iron, steel and manufactured goods used are produced in the United States.The law covers Recovery Act-funded federal contracts as well as Recovery Act-funded state and local public works projects. iv. Davis Bacon: Section 1606 of the Recovery act directs that projects awarded as a result of this contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site http://www.aDo.gov/davisbacon/fl.html. v. Waste Disposal:The County may request the assistance of the awarded supplier to assist with developing a disposal plan for sanitary or hazardous waste generated by a specific project. c. Davis Bacon: Projects awarded as a result of this contract may be subject to federal grant requirements involving prevailing wages as described in the US Department of Labor's site htto://www.coo.00vidavisbaconfil.html. d. Department of Transportation Disadvantaged Business Enterprise(DBE) program is intended to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, airport, and highway safety financial assistance programs. Projects awarded as a result of this contract may be subject to federal grant requirements under the DBE program. Additional information may be found at: htto:/lwww.dotcr.ost.dot.aov/asp/dbe.asp. #14-6343 12 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 46 of 70 Exhibit Ill: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen(14)days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services,or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. Stets., otherwise known as series of performances by VENDOR, the the "Local Government Prompt Payment COUNTY prospectively reserves the right to Act,' and, pursuant to the Board of County cancel the entire remainder of the Purchase Commissioners Purchasing Policy. Order if goods and/or services provided early in the term of the Purchase Order are 5. Time Is Of the Essence non-conforming or otherwise rejected by the Time for delivery of goods or performance of COUNTY. services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery 4. Shipping and Invoices schedules or deliver within a reasonable time, as a) All goods are FOB destination and must be interpreted by the COUNTY in its sole judgment, suitably packed and prepared to secure the shall entitle the COUNTY to seek all remedies lowest transportation rates and to comply available to it at law or in equity. VENDOR with all carrier regulations. Risk of loss of agrees to reimburse the COUNTY for any any goods sold hereunder shall transfer to expenses incurred in enforcing its rights. the COUNTY at the time and place of VENDOR further agrees that undiscovered delivery; provided that risk of loss prior to delivery of nonconforming goods and/or services #14-6343 13 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 47 of 70 is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses, upon further compliance with all specifications. including but not limited to attorneys'fees, arising from, caused by or related to the injury or death 6. Changes of any person (including but not limited to The COUNTY may at any time and by written employees and agents of VENDOR in the notice make changes to drawings and performance of their duties or otherwise), or specifications, shipping instructions, quantities damage to property (including property of the and delivery schedules within the general scope COUNTY or other persons),which arise out of or of this Purchase Order. Should any such change are incident to the goods and/or services to be increase or decrease the cost of, or the time provided hereunder. required for performance of the Purchase Order, an equitable adjustment in the price and/or 11. Warranty of Non-Infringement delivery schedule will be negotiated by the VENDOR represents and warrants that all goods COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase foregoing,VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws; to give notice if the changes will decrease costs. b) do not infringe any patent, trademark, Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute made within thirty (30) days from the date the unfair competition. change is ordered or within such additional period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the parties. COUNTY from and against any and all claims, including claims of negligence, costs and 7. Warranties expense, including but not limited to attorneys' VENDOR expressly warrants that the goods fees, which arise from any claim, suit or and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of will conform to the specifications, drawings, the goods and/or services provided under this samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S specified by the COUNTY, and will be of representations and warranties in section 11 (a). satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option, claim of any third party. These warranties shall procure for the COUNTY the right to continue survive inspection, acceptance, passage of title using the goods or services, or replace or modify and payment by the COUNTY. the goods or services so that they become non-infringing, (without any material degradation 8. Statutory Conformity in performance, quality, functionality or additional Goods and services provided pursuant to this cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide Health and Safety Act, the Federal commercial insurance of such type and with such Transportation Act and the Fair Labor Standards terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the VENDOR. All 9. Advertising insurance policies shall be executed through No VENDOR providing goods and services to the insurers authorized or eligible to write policies in COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and/or services, or appropriate or make use of the 13. Compliance with Laws COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the VENDOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example, 10. Indemnification this shall include the American with Disabilities VENDOR shall indemnify and hold harmless the Act and all prohibitions against discrimination on COUNTY from any and all claims, including the basis of race, religion, sex creed, national 8148343 14 Naples Beach Renounshment(Sand Supply and Delivery) 'qJ CAC October 23,2014 VIII-1**New Business 48 of 70 origin, handicap, marital status, or veterans' conditions of this Purchase Order, provided that status. Further, VENDOR acknowledges and COUNTY has provided VENDOR with notice of without exception or stipulation shall be fully such breach and VENDOR has failed to cure responsible for complying with the provisions of within 10 days of receipt of such notice. the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and 19. General regulations relating thereto, as either may be a) This Purchase Order shall be governed by amended. Failure by the awarded firm(s) to the laws of the State of Florida. The venue comply with the laws referenced herein shall for any action brought to specifically enforce constitute a breach of the award agreement and any of the terms and conditions of this the County shall have the discretion to Purchase Order shall be the Twentieth unilaterally terminate said agreement Judicial Circuit in and for Collier County, immediately. Any breach of this provision may Florida be regarded by the COUNTY as a material and b) Failure of the COUNTY to act immediately in substantial breach of the contract arising from response to a breach of this Purchase Order this Purchase Order. by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any 14. Force Majeure default by VENDOR hereunder shall not be Neither the COUNTY nor VENDOR shall be deemed a waiver of any subsequent default responsible for any delay or failure in by VENDOR. performance resulting from any cause beyond c) All notices under this Purchase Order shall their control, including, but without limitation to be sent to the respective addresses on the war, strikes, civil disturbances and acts of nature. face page by certified mail, return receipt When VENDOR has knowledge of any actual or requested, by overnight courier service, or by potential force majeure or other conditions which personal delivery and will be deemed will delay or threatens to delay timely effective upon receipt. Postage, delivery and performance of this Purchase Order, VENDOR other charges shall be paid by the sender. A shall immediately give notice thereof, including all party may change its address for notice by relevant information with respects to what steps written notice complying with the VENDOR is taking to complete delivery of the requirements of this section. goods and/or services to the COUNTY. d) The Vendor agrees to reimbursement of any travel expenses that may be associated with 15. Assignment this Purchase Order in accordance with VENDOR may not assign this Purchase Order, Florida Statute Chapter 112.061, Per Diem nor any money due or to become due without the and Travel Expenses for Public Officers, prior written consent of the COUNTY. Any employees and authorized persons. assignment made without such consent shall be e) In the event of any conflict between or deemed void. among the terms of any Contract Documents related to this Purchase Order, the terms of 16. Taxes the Contract Documents shall take Goods and services procured subject to this precedence over the terms of the Purchase Purchase Order are exempt from Florida sales Order. To the extent any terms and /or and use tax on real property, transient rental conditions of this Purchase Order duplicate property rented, tangible personal purchased or or overlap the Terms and Conditions of the rented, or services purchased (Florida Statutes, Contract Documents, the provisions of the Chapter 212),and from federal excise tax. Terms and/or Conditions that are most favorable to the County and/or provide the 17. Annual Appropriations greatest protection to the County shall The COUNTY'S performance and obligation to govern. pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and #14-6343 15 Naples Beach Renourishment(Sand Supply and Delivery) CD CAC October 23,2014 VIII-1•"New Business 49 of 70 Exhibit IV: Additional ITB Terms and Conditions 1. 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 ordinance. 2. Conflict of Interest Vendor shall provide a list of any businesses and/or organizations to which the firm has any affiliation or obligations within the past five(5)years;whether paid or donated,which could be construed by the County as a conflict of interest. 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. 3. Vendor Performance Evaluation Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of agreement. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 20%or more of the solicitation amount for said work. 5. Deductions for Non-Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies directly related to the Vendor's non-performance. 6. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful vendor extending the pricing,terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful vendor. 7. Environmental Health and Safety All Vendors and Sub vendors 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. Vendors and Sub vendors 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 Vendor's work operations. This provision is non-negotiable by any department and/or Vendor. #14-6343 16 Naples Beach Renourishment(Sand Supply and Delivery) yOJ CAC October 23,2014 VIII-1**New Business 50 of 70 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. 8. Public Records Compliance The Vendor/Contractor agrees to comply with 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. 9. Standards of Conduct The Vendor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Vendor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Vendor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any vendor to supply this documentation with their bid response may be grounds for deeming vendor non-responsive. A Vendor with an office within Collier County is 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. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at(239)252-2431, 252-2432 or 252-2909. Questions regarding required Business Tax Receipt(formerly known as Occupational Licenses)should be directed to the Tax Collector's Office at(239) 252-2477. 11. Protection of Property The Vendor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Vendor or their Sub vendor in the performance of the required service, the Vendor shall repair/replace,to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will be deducted from the monies due the Vendor. 12. 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 #14-6343 17 Naples Beach Renourishment(Sand Supply and Delivery) •,. o CAC October 23,2014 VIII-1"New Business 51 of 70 individual,firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 13.Invoice and Payments 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: bccanclerk(Blcollierclerk.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 must 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 debts, #14-6343 18 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 52 of 70 the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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. 14.Survivability Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 14-6343—Naples Beach Renourishment(Supply and Delivery) resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 15.Insurance Requirements The Vendor 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 Attachment 3 of this solicitation. The Vendor 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 Vendor waive against each other and the County's separate Vendors, 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 Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor 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 "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 Attachment 3,with the use of Insurance Services Office(ISO)forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage,Vendor 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 Vendor's sole responsibility. #14-6343 19 Naples Beach Renourishment(Sand Supply and Delivery) 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 BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. #14-6343 20 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 53 of 70 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 Vendor 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 Vendor. The Vendor 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor 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 Vendor for such coverage(s) purchased. If Vendor 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 Vendor under this Agreement or any other agreement between the County and Vendor.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 Vendor 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 Vendor to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 16. 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 Vendors/Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors 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 BidderNendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. #14-6343 20 Naples Beach Renourishment(Sand Supply and Delivery) 0 CAC October 23,2014 VIII-1"New Business 54 of 70 Additionally, vendors shall require all subcontracted vendors 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.aov/E-Verify. It shall be the vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor 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 sgq-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. 17. Background Checks If required, 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. 18. Maintenance of Traffic Policy For all projects that are conducted within a Collier County Right-of-Way,the Vendor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices(MUTCD),where applicable on local roadways and as prescribed in the Florida Department of Transportation's Design Standards(DS)on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and/or Purchasing Departments and are available on-line at colliergov.net/purchasing. The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway& Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic("MOT') policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten(10)days of receipt of Notice of Award. 19.Debris Vendor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Vendor shall leave all affected areas as they were prior to beginning work. 20. Direct Material Purchase The County reserves the right to require Vendor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and/or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as"County Furnished Materials" #14-6343 21 Naples Beach Renourishment(Sand Supply and Delivery) r, `O CAC October 23,2014 VIII-1`"New Business 55 of 70 and the responsibilities of both the County and the Vendor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally,the County at its sole option may choose to purchase some or all of the goods and/or materials from other suppliers. In either instance the County may require the following information from the Vendor: • Required quantities of material. • Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable • Pricing and availability of goods and/or materials provided under Vendor's agreements with material suppliers 21.Grant Compliance The purchase of any goods and/or services that are funded through Federal Grant Appropriations,the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 22.Equipment Vendor shall have available and in good working condition,the necessary equipment to perform the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for each. Hourly rates will commence once equipment arrives at the service site. In the event that additional specialized and/or heavy equipment(backhoe, crane, mudhog, etc.) is needed,the Project Manager must be notified in advance for approval. The reimbursement of additional equipment expense shall be at cost and will commence once equipment arrives at the service site. The County reserves the right to request and obtain documentation of the Vendor's cost, and to withhold payments until documentation is provided. The scope of these specifications is to ensure the delivery of a complete unit ready for operation. Omission of any essential detail from these specifications does not relieve the Vendor from furnishing a complete unit. All equipment must be new and of current manufacture in production at the time of bid opening, and carry standard warranties. At the time of delivery, at least two(2)complete shop repair manuals and parts lists must be furnished with each type of equipment. Vendor must service all equipment prior to delivery and/or acceptance by the County. #14-6343 22 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 56 of 70 AdRiieb*a SsW Diri�ian WdwYtp Attachment 1:Vendor'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 why prospective Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3301 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 14-6343—Naples Beach Renourishment(Sand Supply and Delivery) ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood (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): Firm's Complete Legal Name Address City, State,Zip Telephone Number FAX Number Signature/Title Type Name of Signature Date: #14-6343 23 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 57 of 70 podvire er LiOlAf+f�y /kiYr1Y#Mstbs 8MNON 17M11i0r1 Attachment 2:Vendor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully,sign In the spaces Indicated and return bid. Vendor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. All granting agency requirements have been met including submittal of required forms. 6. Any required drawings,grant forms,descriptive literature,etc. have been included. 7. Any delivery information required is included. 8. If required,the amount of bid bond has been checked,and the bid bond or cashiers check has been included. 9. Addendum have been signed and included, if applicable. 10. Copy of Internet certification that the Vendor is not on the Federal Excluded Parties List System at: www.sam.saov. 11. Immigration Affidavit and a copy of the company's E-Verify profile page or memorandum of understanding. 12. Copies of licenses,equipment lists,subcontractors or any other information as noted in this ITB. 13.The mailing envelope must be addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 14.6343—Naples Beach Renourishment(Sand Supply and Delivery) • Opening Date:09/15/2014,3:00PM 11.The bid will be mailed or delivered in time to be received no later than the specified ooenina date and Dm. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE DID NUMBER AND TITLE ON THE OUTSIDE OF, THE COURIER PACKET,. Phill •• and • ,Inc. • icyvie Sig = &Title 9.152014 Date #14-6343 24 Naples Beech Renourishment(Send Supply and Delivery) CAC October 23,2014 VIII-1"New Business 58 of 70 IdnirirsMR bsrNots Llddon MlwYq Attachment 3:Vendor Response Form FROM: Phillips and Jordan,Inc Board of County Commissioners Collier County Government Center Naples,Florida 34112 RE: Solicitation: 14.6343—Naples Beach Renourishment(Sand Supply and Delivery) Dear Commissioners: The undersigned,as Vendor,hereby declares that the specifications have been fully examined and the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Vendor further declares that the only persons,company or parties interested in this Bid or the Contract to be entered into as principals are named herein;that this Bid is made without connection with any other person,company or companies submitting a Bid;and it is all respects fair and in good faith, without collusion or fraud. The Vendor proposes and agrees if this Bid is accepted,to contract,either by a County issued purchase order or formal contract,to comply with the requirements in full in accordance with the terms,conditions and specifications denoted herein,according to the following unit prices: item 6 Description Total 6 BID TOTAL $ 1,82343556 Any discounts or terms must be shown on the Bid Response Form. Such discounts,if any,will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen(15) days payment be offered. Prompt Payment Terms: -- % — Days;Net_Days ®Bid Response Form is electronic.Please input your prices online. Note: If you choose to bid manually,phase submit an ORIGINAL and ONE COPY of your bid response pages.The undersigned do agree that should this Bid be accepted,to execute a formal contract, if required,and present the formal contract to the County Procurement Director for approval within fifteen (15)days after being notified of an award. #144343 25 Naples Beach Renourishment(Sand Supply end Delivery) CAC October 23,2014 VIII-1"New Business IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 15th day of 5eptembe7f 70 2014 in the County of Pasco , in the State of FL Firm's Complete Legal Name Phillips and Jordan,Inc. Firm's Dun and Bradstreet 00-384-5336 Number(DUNS) (Found at www.dnb.com) CCR#or CAGE Code 00-384-5336 (Found at www.ca.cav) Florida Certificate of Authority 832152 Document Number (htto://www.sunbiz.orq) Federal Tax Identification 56-0694573 Number Address 8940 Gall Bbd City, State,Zip 2ephyrhills,FL 33541 Telephone Number 813.783.1132 FAX Number 813.7833140 Check one of the following: ❑ Sole Proprietorship ® Corp or P.A. State of North Carolina Limited artnership Gene r41 Partnership Signature/Title ^ T V P Type Name of Signature Art Phelps Date 9.152014 Additional Contact Information Send Payments To: (REQUIRED ONLY If different from above) Firm's Complete Legal Name Address City,State,Zip Contact Name Telephone Number FAX Number Email Address #14-8343 26 Naples Beach Renouishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1`*New Business 60 of 70 Co sr Cosrrstp a,i+ral�a trNou ti+rai Attachment 4:Immigration Law Affidavit Certification Solicitation d and Title: 14-6343—Naples Beach Renourishment(Sand Supply and Delivery) This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal invitations to Bid(ITB's)and Request for Proposals(RFP)submittals. Further,Vendors/Bidders are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment,at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and aro:mutable evidence of enrollment in the E•Veriv oroaram.may deem the Vendor/ Bidder's Dr000sal as non-nsoonslve. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers,constituting a violation of the employment provision contained in 8 U.S.C.Section 1324 a(e)Section 274A(e) of the Immigration and Nationality Act("INK). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws(specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System(E Verify),operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/Bidder's proposal. Company Name Phillips and Jordan,Inc. Print Name Phelps Title Asst.Vice President Signature Date 9.152014 State of Florida County of Pasco The foregoing instrument was signed and acknowledged before me this 15th day of September 20..1 ,by ' Art Phelps who has produced as identification. (Print or Type Name) (Type of Identification and Number) adi. blIc Signature Printed Name of Notary Public KAYLA sum o Notary -sum fbrWs : My Comm.Expires Nov It 2016 �• • Commission•a 210110 Notary Commission Number/Expiratimy _ _ The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. #14.6343 27 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1"New Business 61 of 70 Co ...Cow► Ptedwite Mriilaire>lniaaa t1AiYlon #14-8343 Naples Beech Renourlahment(Sand Supply and Delivery) COI CAC October 23,2014 VIII-1"New Business 62 of 70 Attachment 5:Vendor Substitute W-9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to colect 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 al information) Taxpayer Name Phillips and Jordan,Inc. (as shown on income tax return) Business Name (If different from taxpayer name) City Knoxville Address 10201 Parkside Drive Suite 200 State TN Zip 37922 Telephone 813.783,1132 FAX 8137833140 EmaN flestimateepandl.com Order Information Remit/Payment information Address 8940 Gall Blvd. Address 8940 Gall Blvd City Zeohvrhlils State FL , Zip 33541 City Zephyrhills State FL Zip 33541 FAX 813.783.3140 FAX 813.783.3140 Emal f estimateepandi.com Emai flestlmatewoandjcom 2. Company Status(check only one) _Individual/Sole Proprietor 1 i_Co poration ip Tax Exempt(Federal income tax-exempt entity _Limited Liability 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) 56-0694573 (Vendors who do not have a TIN,wit be required to provide a social security number prior to an award of the contact) 4. Sign and Date Form Certification. nder Ides of perjury,I certify that the information shown on this form is correct to my knowledge. Signature Date 9.15.2014 Titre Asst.Vice President Phone Nwnber 813.783.1132 #14-6343 Naples Beach Renoudshment(Sand Supply end Delivery) C7) ,J� CAC October 23,2014 VIII-1**New Business 63 of 70 IdInYlMalue Brbals OlArlarr PWwYip Attachment 6: Insurance and Bonding Requirements Insurance/Bond Type Required Units 1. ®Worker's Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ®Employer's Liability $1.000.000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1.000.000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall indude Premises and Operations; independent Contractors;Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/ Consultant shall indemnify and hold harmless Collier County,its officers and employees from any and all liabilities,damages,losses and costs,induding, but not limited to, reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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 $ Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #14-6343 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 64 of 70 ❑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 shah 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor 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 Nonce required. Vendor'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 POps and n,Inc Date 9.152014 Vendor Signature Print Name Art Phelps Insurance Agency Scott Insurance Agent Name Angle Simmons Telephone Number 865.684.1793 #14-6343 31 Naples Beach Renourishment(Sand Supply and Delivery) CAC October 23,2014 VIII-1**New Business 65 of 70 ATTACHMENT 7: BID SCHEDULE Naples Beach Renourishment(Supply and Delivery) Bid No. 14-6343 peecn rc,.,,._. .'•.a,. ' .rr: ,; i. aP5; i`iit . . .;:fit l t.. ,, Sub To 1 Provide sand Ton 78,678 $10.45 $822,185.10 2 Transport sand Ton 78,678 $10.91 $858,376.98 3 Sediment QA/QC Testing Lump Sum 1 $29,094.43 $29,094.43 4 Maintenance of Traffic Lump Sum 1 $70741.03 $70,741.03 5 Project Mana ement/Truck Tracking Lump Sum 1 $43 3$.02 $43,238.02 6 BID TOTAL $1,823,635.56 CAC October 23,2014 Employer Wizard viII-1"NAv�r Biasine`qsi t bs of 70 E . ,,..;,.... ... 1 . , . c-ou'tN- `. ....), IIIIIIi WHCO■e Uetr A Leer Login Employment Eligibility Verification Jotana Carpenter JBUL0460 09:19 AM.09/12)2014 Log Out . tV rgAWASr#1!j7tri,1-,`L'3 7"m`._.W... �°05181844,4444401411Q s F'7#,o.;4i..:lt }:=tt::x;<i•^iiiittg,': HOfe Company Information My Cases New Case Company Name: Phillips and Jordan,Incorporated View Cases View/Edit Search Cases Company ID Number: 42018 My Profile Doing Business As MBA) Edit Profile Name: Change Password DUNS Number: Change Security Questions My Company Physical Location: Mailing Address: Edit Company Prof* Address 1: 10701 Parksde Drive Address 1: Add New User Address 2: Suite 300 Address 2: View Existing Users City: Knoxville City: Close Company Account State: TN State: My Reports Zip Code: 37922 Zip Code: View Reports County: KNOX My Resources View Essential Resources Additional Information: Take Tutorial : Employer Identification Number:580694573 View User Manual Total Number of Employees: 500 l0 999 Share Ideas Parent Organization: Contact Us Administrator: Organization Designation: Employer Category; Federal Contractor with FAR E-Verify Clause Federal Contractor Category: State or Local Government Employees being verified: Entire workforce(ac new hires ano all existing emnlovnns i',0•ighOir'it'.-cm's-- company) NAILS Code: 237-HEAVY AND CIVIL ENGINEERING CONSTRUCTION View/Edit Total Hiring Sites: 80 View/Edil Total Points of Contact: 1 View I Edit View MOU u s Oeprtmenl or Hontana Stowe),-www OM goy u S Cdiaensn.p and Immgrtaon Sarno.•x unit goy =a:esstwnr ',,,,,,,,•, n. httns://e-verify.uscis.eov/emD/EmbloverWizard.asDX 9/12/2014 ., I CAC October 23,2014 VIII-1`*New Business STATE OF FLORIDA 67 of 70 ,,of�- DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION • J-;` CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 „-0," 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 SHOTWELL, LAWRENCE BRADLEY PHILLIPS AND JORDAN INC 2220 OLDFIELD DRIVE ORLANDO FL 32637 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range :;;r„:, STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque restaurants, .., DEPARTMENT OF BUSINESS AND and they keep Florida's economy strong. PROFES$I REGULATION Every day we work to improve the way we do business in order to - CGC048742 •'• U lik;..116/29/2014 serve you better. For information about our services,please log onto www.myfloridalicense.com. There you can find more information CERTIFIED G .r + •_ about our divisions and the regulations that impact you subscribe SHOTWELL, r, `=- ' f'1• ;_ to department newsletters and learn more about the Department's • pHILUPS AND •-, g initiatives Our mission at the Department is' Efficiently, Regulate Fairly. :• ? We constantly strive to serve you better so that you can serve your - • • .• customers. Thank you for doing business in Florida, IS CERTIFIED under the provisions of Ch 489 FS and congratulations on your new license! Enprabon o.r. .AUG St 2018 . — i1408290no1674 DETACH HERE RICK SCOTT,GOVERNOR KEN LAWSON.SECRETARY STATE OF FLORIDA - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �-4.'7.r•: CONSTRUCTION INDUSTRY LICENSING BOARD jf LICENSE.NUMBER _ s;1 (}1<�_• CGC048742 i !�. . •: The GENERAL CONTRACTOR -4.� - .`, '' ,�' Named below IS CERTIFIED .- ` , Under.the provisions of Chapter 489 FS. Expiration date: AUG 31,2016 _ _ - _ . • y `, � - ` •ry `\' ❑ P'er:I ❑ � 'SHOTWELL,LAWRENCE • -11 i if.PHILLIPS AID-d ' . g 04 04,vfIELE. ': r ' . • - 4 ��e \ 4t`. ,; ' 1 VVSI ANDO 7 '"� • •• `.I, C�. � ' Mgt IFrI' Iw,7u,,n14 nISPI AY AS RFOIIIRFD BY LAW SEO# L1406290001574 LC CAC October 23,2014 VIII-1"New Business SAM Status Tracker P1 epf17Sf 1 VSAM aritortkiaaiaaAO aow�rr SAM Status Tracker Log into SAM Check registration slates by typing in a DUNS number I)IINSNumber003845338 Plus 4(Optional) ( ChockStaYi. Rasst 1 Status: Active Status During Registration Your registration was activated on Feb 05,2014.It expires on Feb 05,2015 which is one year after you submitted it for processing. Draft Started SS qqq oraR Work in Progress Submitted Core Data Assertions RePIP& POCs Submit Processing Active Completed Completed Completed Completed Completed Completed Completed Active Inactive I Expired Additional Resources Check Your Registration Status in SAM Whet If My Entity Faits Registration? You can quickly check your registration status in SAM by entering your DUNS number above.The Fwa� �Dest SAM Status Tracker will show you the current status of that DUNS number,as well as tell you what steps you have left to complete based on why you are registering. The SAM Status Tracker uses seven circles to represent the registration process:Core Data, How to Check Your Assertions,Reps&Certs,POCs,Submit,Processing,and Active.Visual indicators in the circles,text Registration Status underneath the circles,a status message in bold above the circles and user messaging combine to give the registration status. Find Your Registration in SAM You will only see results for publicly searchable registration records.Federal government users must log into SAM to search for non-public records. https://www.sam.gov/sam/helpPage/SAM_Reg_Status_Help_Page.html 9/12/2014 i 1 CAC October 23,2014 VIII-1"New Business 69 of 70 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS,THAT WE Phillips and Jordan, Incorporated 8940 Gall Blvd.,Zephyrhills, FL 33541 as Principal, hereinafter called the Principal,and Liberty Mutual Insurance Company 175 Berkeley Street, Boston. MA 02116 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety,are held and firmly bound unto Collier County Government Purchasing Department 3327 Tamiami Trail E, Naples,FL 34112 as Obligee,hereinafter called the Obligee,in the sum of Five Percent of Amount Bid Dollars($ 5% ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Naples Beach Renourishment(Sand Supply and Delivery) NOW, THEREFORE, If the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished In the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 15th day of September , 2014 Phillips,and J rdan, Incorporated esa)_�� (fide) Liberty Mutual Insurance Company 0" — (Sump) (Sear) )-►-L)Y1 1MSu �• ,:•fir ` Aa�p-in Catherine L. McMillan ='� us) 1912 AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 EA•THE AMERICAN ��.e.✓ ■� INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 + f `\. FL esident Agent CAC October 23,2014 VIII-1`*New Business 70 of 70 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated.Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 6104328240 between 9:00 am and 4:30 pm EST on any business day, American Fire and Casualty Company liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That American Fre&Casually Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts,and West American insurance Company Is a corporation duly°ganlzed under the laws of the State of Indiana(Web collectively called thhe'Companios),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Catherine L. McMillan of the city of Knoxville ,state of 1N its true and lawful attorney-in•fad,with full power and authority hereby contorted to sign,execute and acknowledge the following surety bond: Principal Name: Phillips and Jordan,Incorporated Obligee Name: Collier County Government Purchasing Department Surety Bond Number:Bid Bond Bond Amount ;lee Bond Form IN WITNESS WHEREOF,this Power of Attorney has been subsisted by an authorized officer or offcial of the Companies and the corporate seals of the Companies have been affixed thereto this isle day of November,M.2. ç—::)4 D SVA `1v INSU NhNSV American Fe and Casualty Company � oav The Ohio Casually Insurance Company c n ,$' • o liberty Mutual Insurance Company m< 1906 9, L 12 a° 1919 N 1991 Wes�Ame n insurance Company MIS != 1 HA tr �NO1ANS` ~_ David :Carey,Assistant Secretary STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this t8w day of November,2013.before me personally appeared David M.Carey,who acknowledged tunes to be the Assistant Secretary of American Fie and Casualty Company, Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Perruylvarda,on the day and year first above written. 9P' NWeayoNw l F � COMMONWEALTH OF PENNSYLVANIA 0••• Notarial Seal , ,/ iat_ll.i.)OF Ter esa Pastella,Notary Public By: �j 444;*560c, Pymout h Twp..Mang mery County / Teresa Pastelltary Public n My Commission Expires Marc 28,2017 4iry MmMer PesMsnla Assodeaon a No ws This Power of i• :.a and executed pursuant to and bm y cut only of the toAow'sg yB•laws and Mthor zafions of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of tie Corporation authorized for list purpose In writng by the Chairman or the President,and subject to such Imitation as the Chairman or the President may prescribe,sal appoint such attomeys4n4act,as may be necessary to act In behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and at undertakings,bonds,remgnizances and other surety oblgatons. Such atthxneys-n•fact,subject to the Imitation set forth In their respective powers of attorney,she!have fug power to bbd the Corporation by their signature and execution of any such Statnmenb and to attach thereto the seal of the Corporation. When so executed,such Instruments shall be as binding as it signed by the President and attested to by to Secretary.My power or authority granted to any representative or attorney. intact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers grading such power or authority. ARTICLE XIl-Execution of Contracts-SECTION 5.Suety Bonds and Undertakings.My officer of the Company authorized for that purpose In wring by the chairman or the president,and subject to such Imitations as the chairmen or the president may prescribe,shall appoint such attomeya-infact,as may be necessary to act In behalf of the Company to make,execute,seal,acknowledge and delver as surety any and at undertakings,bonds,recognizances and other surety obligations.Such atomeys-inrfact subject to the imitations set forth In their respective powers of attorney,shad have ful power to bid the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president end attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- In-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and delver as surety and all surety obligations, ly onY undertakings,bonds.recogrrzances and other Authorization-By unanimous consent of the Companya Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a cerified copy of any power of attorney issued by the Company In connection with surety bands,shat be valid and binding upon the Company with the same force and effect as though menualy affixed. I,Gregory W. Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a MI,true and coned copy of the Power of Attorney executed by said Companies,is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 15th day of September 2014 cts, N0�'1SG bINSUq *ht's INSjr y �H INSU/y1 z c r o n n0 B J1906 ; 1912 0 a y 1919 '9 1 By: Gregory W.Davenport,Assistant Secretary 15.��Yb, HAMD 441 d35.TSSAcvAh r? '4,(41-HAIAP9'lj CC , 1 C C / CAC October 23,2014 VIII-2 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid (ITB) 14-6352 - Naples Beach Renourishment (Sand Placement) to Earth Tech Enterprises, Inc., in the amount of $748,861.20 to place, grade and transport approximately 78,678 tons of beach quality sand as authorized by the Federal Emergency management Agency(FEMA)PW 0679-Naples Beach Renourishment to repair damages as a result of Tropical Storm Debby(Project 195-90038), authorize staff to withhold Notice-to-Proceed (NTP) issuance until the FEMA PW revision has been issued,authorize all required budget amendments, authorize the Chairman to execute the corresponding agreement,and make a finding that this item promotes tourism. OBJECTIVE: To place, grade and transport beach quality sand for TS Debby-Naples Beach Renourishment. CONSIDERATIONS: This beach renourishment is 100% in response to damages created by TS Debby to the Naples Beach with reimbursement of 75% of eligible federal storm expenses and 12.5%of eligible state storm expenses. ITB No. 14-6352 for the placement, grading and transport of approximately 78,678 tons of beach quality sand as required by the FY 2014/15 Naples Beach Renourishment project was posted on September 15, 2014 with notices sent to 1,896 firms and 58 firms downloading full packages. Three responses were received on the October 15, 2014 due date. Staff evaluated the bids and determined that Earth Tech Enterprises, Inc. was the lowest qualified and responsive bidder. The Board of County Commissioners (BCC) local vendor preference policy was not included in this solicitation given that grant stipulations require full and open competition. Earth Tech Enterprises, Inc. is however a local contractor with principle offices in Naples, FL. Earth Tech Enterprises, Inc. is an experienced contractor that has successfully completed sand placement contracts for Collier County in the past. Beach quality sand will be provided for placement at each unloading station by Phillips and Jordan, Inc. Two unloading and beach sand transport operations will be operated concurrently. Earth Tech Enterprises will transport sand down the beach; grade the sand to the final design configuration; perform turbidity monitoring and beach sediment testing. Earth Tech Enterprises has reviewed the County's schedule and is committed to work with the truck haul contractor to renourish the Naples Beach with approximately 78,678 tons of sand. Beach renourishment must be complete by 12/20/2014. Staff recommends that ITB No. 14-6352 be awarded to Earth Tech Enterprises, Inc. as the lowest, qualified and responsive bidder. The bid tab is listed as Attachment A. A Notice-to-Proceed (NTP) to Earth Tech Enterprises, Inc. will not be issued until FEMA has updated the means and methods to PW 0679 to allow truck haul construction from and upland sand source. This is expected to be in place by 10/28/2014. However, staff is requesting that the BCC approve this contract but direct staff to withhold issuance of the NTP until the FEMA PW revision has been issued. CAC October 23,2014 VIII-2 New Business 2 of 2 FISCAL IMPACT: The expenditure of $748,861.20 for the Sand Placement contract for the Naples Beach Renourishment project (Project 195-90038) was anticipated during development of the FY 14/15 Tourist Development Tax Beach Renourishment Fund (195) budget. A budget amendment will be necessary to move funds in the amount of $748,861.20 from Tourist Development Tax Fund 195, Project 80096 — Beach Analysis design into Project 90038 — TS Debby Naples Beach PW 0679. The cost for the entire project including the sand supply, delivery, placement, CEI and engineering activities is currently estimated at $2,730,000. $2,500,000 was originally budgeted for this project. Funding is available through TDC Fund 195 reserves and will reduce reserves for future construction by approximately $230,000. Federal Emergency Management Administration (FEMA) Disaster 4068 - PW 0679-1 has been authorized to provide emergency funding to repair the damages to the Naples Beach. This PW will reimburse Collier County for 75% of eligible federal storm expenses and 12.5% of eligible state storm expenses. It is expected that all but the 12.5%(approximately$93,608) local share of eligible expenses will be reimbursed to Collier County. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. COMMITTEE RECOMMENDATIONS: This item will be presented to the Coastal Advisory Committee on 10/23/2014 for a recommendation of approval and 10/27/2014 to the Tourist Development Council for a recommendation of approval. Results of these advisory board actions will be sent to the BCC after each Advisory Board meeting. 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 awards Invitation to Bid (ITB) 14-6352 —Naples Beach Renourishment (Sand Placement) to Earth Tech Enterprises, Inc., in the amount of$748,861.20 to place, grade and transport approximately 78,678 tons of beach quality sand as authorized by the Federal Emergency Management Agency (FEMA) PW 0679- Naples Beach Renourishment to repair damages as a result of Tropical Storm Debby (Project 195-90038), authorize staff to withhold Notice-to-Proceed (NTP) issuance until the FEMA PW revision have been issued, authorizes all required budget amendments, authorizes the Chairman to execute the corresponding agreement, and makes a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management Attachment A: Bid Tabulations Attachment B: Earth Tech Enterprises, Inc. Contract Lo 00 M f71 In u 00 00 •. '-A C M v ti w C N fp N CL) 0 m V) E C _o o 00 V) V) V) vi N V) V) VI V) V) f� a) a) a) 4J a) a) a) a) a) a) a) 0 z Q U5 (4 U 4- o a z C O M i o m LQ 00 N N In In N to N (n N N O r,a) a E a) E o •L = o O u N C j _ C rl• LO vr 00 co V y 00 J3• a) c4 Q f' 0 CO m d s- ow cn cn cn cn cn cn VI N VI cn cn 13 }' a) a) a) a) a) v a) a) a a) a) -0 a) c C >- >- >- >- >- a Z a) ° °o . m VI 4-0 M CO r�-1 W Cr t/1- NN 0 I--I \ N Q c--I O0 O C i U LL Q c-1 .a a a) C C N C CU •+� L > CEC - > Q U N CO E i (a c }+ -0 a) o a) c 0 co 4 N X 9- F- z CC >. z C i W Q (13 L 0 �O C _ c C t� C a Q a 0 v c a) N o > u E Q CO (Co +� .i O v O v L 2 Q N N F- cn _n +, C E rn c au EA a co ro (B a) 0a -0 -0 ry v I o > n 0 0 E m m v� cn m w cn -0 -0 a) a, a, �j C C ✓ u a) W O 0 c O CL J O CL - - - - - - CAC October 23,2014 VIII-2**New Business 1 of 108 coder County Administrative Services Division �urchasinq Naples Beach Renourishment (Sand Placement) COLLIER COUNTY BID NO. 14-6352 COLLIER COUNTY, FLORIDA Adam Northrup, Procurement Strategist Email: Adamnorthrup @colliergov.net Telephone: (239) 252 - 6098 FAX: (239) 252 - 6302 Design Professional: Atkins North America r r it Purdasing Oepamrent•3327 Tarmarn Tra East•Naptes Fu a 34,2-4401•wmw coi.ergov net purchasing 1 CAC October 23,2014 VIII-2**New Business 2 of 108 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B-INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 13 BID SCHEDULE 14 MATERIAL MANUFACTURERS 15 LIST OF MAJOR SUBCONTRACTORS 16 STATEMENT OF EXPERIENCE OF BIDDER 17 TRENCH SAFETY ACT 18 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 19 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 21 BID BOND 25 BIDDERS CHECK LIST 27 CONSTRUCTION AGREEMENT 28 EXHIBIT A 1: PUBLIC PAYMENT BOND 35 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 38 EXHIBIT B: INSURANCE REQUIREMENTS 41 INSURANCE AND BONDING REQUIREMENTS 43 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 45 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 46 EXHIBIT E: CHANGE ORDER 49 I EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 51 EXHIBIT G: FINAL PAYMENT CHECKLIST 53 EXHIBIT H: GENERAL TERMS AND CONDITIONS 55 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 87 EXHIBIT J:TECHNICAL SPECIFICATIONS 88 EXHIBIT K: PERMITS 89 EXHIBIT L: STANDARD DETAILS 90 EXHIBIT M: PLANS AND SPECIFICATIONS 91 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 92 EXHIBIT 0: PROJECT TIMELINE 93 2 CAC October 23,2014 VIII-2**New Business 3 of 108 Co ier County Adranstratve Services Dim& Purchasing PUBLIC NOTICE INVITATION TO BID Naples Beach Renourishment COUNTY BID NO. 14-6352 Separate sealed bids for the construction of the Naples Beach Renourishment Project, addressed to Ms. Joanne Markiewicz, Director, Procurement Services, will be received at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112, until 3:00 P.M. LOCAL TIME, on the 15th day of October, 2014 at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: Seven hundred and fifty thousand ($750,000). A non-mandatory pre-bid conference shall be held at the Purchasing Department, Conference Room A, at 3:00 p.m. LOCAL TIME on the 1st day of October, 2014 at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Naples Beach Renourishment (Sand Placement) Bid No. 14-6352 and Bid Date of 10/15/2014". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Purchasing Department website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and 14-6352 Naples Beach Renourishment(Sand Placement) 3 CAC October 23,2014 VIII-2**New Business 4 of 108 Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within forty-one (41) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 15th day of September. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Director, Procurement Services 14-6352 Naples Beach Renourishment(Sand Placement) 4 CAC October 23,2014 VIII-2**New Business 5 of 108 PART B-INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner (pages 14 — 26 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be 14-6352 Naples Beach Renourishment(Sand Placement) 5 CAC October 23,2014 VIII-2**New Business 6 of 108 enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 14-6352 Naples Beach Renourishment(Sand Placement) 6 CAC October 23,2014 VIII-2**New Business 7 of 108 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Purchasing Department, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 14-6352 Naples Beach Renourishment(Sand Placement) 7 CAC October 23,2014 VIII-2••New Business 8 of 108 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the 14-6352 Naples Beach Renourishment(Sand Placement) 8 CAC October 23,2014 VIII-2"New Business 9 of 108 actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current purchasing ordinance and policies. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Purchasing professional of the Owner's Purchasing Department or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Purchasing Department generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current purchasing ordinance and policies. A copy of the purchasing ordinance and policies is available at http://www.colliergov.neUlndex.aspx?page=762. For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 14-6352 Naples Beach Renourishment(Sand Placement) 9 CAC October 23,2014 VIII-2**New Business 10 of 108 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. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who 14-6352 Naples Beach Renourishment(Sand Placement) 10 CAC October 23,2014 VIII-2**New Business 11 of 108 includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. 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 response. 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 solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, 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. 14-6352 Naples Beach Renourishment(Sand Placement) 11 CAC October 23,2014 VIII-2**New Business 12 of 108 Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 14-6352 Naples Beach Renourishment(Sand Placement) 12 CAC October 23,2014 VIII-2"New Business 13 of 108 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Naples Beach Renourishment(Sand Placement) ���� BID NO. 14-6352 Full Name of Bidder t 412 ! CC4 t' f(2G - tG Main Business Address 5-4 2- CLc(1A) P0,6 i #1 k t Place of Business ,2 illyi E 6‘1 'l lv Telephone No. 259 r`7(4122.5 Fax No. 231 '3'74 /22-7 State Contractor's License # C - C D! tat, 7 7 State of Florida Certificate of Authority Document Number P O0000d'8 ago Federal Tax Identification Number 5q ... 1(4 7 /10.51.. DUNS # it)/A- CCR# N/4- Cage Code N/4- To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Purchasing staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 14-6352 Naples Beach Renourishment(Sand Placement) 13 CAC October 23,2014 VIII-2"New Business 14 of 108 BID SCHEDULE Naples Beach Renourishment (Sand Placement) Bid No. 14-6352 1 Mobilization/Demobilization . 1 $ 165 ow. oo $/55 exta 40 Sand Placement (includes transport on $ $ 2 beach) Ton 78,678 q/0 4/2418!0/.20 Surveying (includes stakeout, pre- $ $ construction, post-construction, before and 3 after .lacement surve s 1 95 Ooa. ... 95 ODD,bo 4 Turbidity Monitoring MEM, 1 $ 9 oco. d. $ ' oo .6. 5 Maintenance of Beach Traffic EMIMII 1 $!as 600.00 $ _S ,, ,do 6 BID TOTAL LEriirMill 14-6352 Naples Beach Renourishment(Sand Placement) 14 CAC October 23,2014 VIII-2**New Business 15 of 108 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON- RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A (Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. 14-6352 Naples Beach Renourishment(Sand Placement) 15 CAC October 23,2014 VIII-2**New Business 16 of 108 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Electrical 2. Mechanical A) A 3. Plumbin• iU 4. Site Work Al i 5. Identify other N/R, subcontractors that represent more than 10% of price or that affect the critical path of the schedule 14-6352 Naples Beach Renourishment(Sand Placement) 16 CAC October 23,2014 VIII-2**New Business 17 of 108 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. 2. 3. 4. 5. 6. 14-6352 Naples Beach Renourishment(Sand Placement) 17 CAC October 23,2014 Earth Tech Enterprises Inc. Vlll-2*•New Business B 108 Environmental and Hydrologic Construction Company Year Project Contract Amount American Marine Cont. 2010 Hideaway Beach Material(boulders) $176,000.00 **Beach Grading,Tilling,Truck Haul To Beach Audubon of Florida 2009 Tower Road, Big Pine, Bird Habitat Restore $11,000.00 Contact:Jeanette Hobbs 2009 Carysfort Mangrove Restoration $500,000.00 305-289-9988 **Truck Haul In-50,000 Tons 2011 Castillo Pit Restoration $25,000.00 2011 Chetkin Parcel Restoration $30,000.00 2008-2013 Port Bouganvillea Mangrove Park Restoration $300,000.00 2013 Carysfort Mangrove Restoration(50,000 tons) C3TS 2011 Dove Creek Wildlife Preserve $163,000.00 Contact:Kate Skindizer 2011 Lois Ryan Road Project $35,700.00 305-445-2900 2013 Port B $10,000.00 Centex Homes 2010 The Quarry(Breakwater Const.,Beach Cleanup, $75,000.00 Contact: Dayna Berger Sand Install) 239-449-1072 Charlotte Cnty Board of Commissioners 2008 Stump Pass Beach State Park Geo Tube Removal $48,500.00 Contact:Chuck Hobbs 941-743-1378 City of Bonita Springs 2011 Oak Creek Restoration $89,500.00 239-949-6262 **Dredge and Truck Haul City of Marco Island 2008 Hideaway Beach Shore Protection $240,000.00 Engineer Contact:Steve Foge **Truck Haul:Rock To Beach 239-594-2021 Coastal Marine 2011 Estero Island Beach Restoration $80,500.00 Collier County 2010 Doctor's Pass $108,000.00 **Haul In: Conveyor to Beach DN Higgins 2009 Curry Hammock State Park $750,000.00 Contact:Dan Higgins **Truck Haul In 734-996-9500 Gunderboom 2005 Collier County Reef(Deliver Reef Rock) $350,000.00 **5,000 Tons 2007 Venice Reef(Supply and Deliver Reef Rock) $1,500,000.00 **35,000 Tons 18 CAC October 23,2014 Company Year Project VIII-2"Netiaiq@mmount 19 of 108 Habitat Lakes Community Development 2009 Lake Bank Regrade, Rip Rap and Restoration $110,000.00 Contact:Christopher Pepin,Severn Trent 239-694-3310 Kyle Construction 2013 Clam Pass Emergency Restoration $206,450.00 Contact:Charlie Abraham 239-643-7059 Lennar Homes 2009 Lake Bank Regrade, Rip Rap and Resoration $40,000.00 Contact:Dave Truxton 2007 Lake Bank Reconstruction Rip Rap/Grade/Fabric $450,000.00 239-278-1177 2010 Heritage Bay Boat Ramps $42,000.00 Heritage Bay Shoreline Restoration $600,000.00 Naples Cay 2000-07 Annual Contract 5 Acres Mangrove Trimming $65,000.00 Orchards Community 2011 Orchards Lake Bank Construction $183,000.00 Pulte Homes 2008 Island Walk,Venice, Lake Bank Restore $150,000.00 2009 The Quarry, Lake Stabilization Geoweb $25,750.00 Severn Trent 2010 Colonial Country Club Lakebank Restore $66,000.00 Contact:Christopher Pepin 2011 Colonial Country Club Lakebank Restore $18,000.00 239-694-3310 Soil Tech Distributors 2002-2004 Parkshore/Hideaway $300,000.00 (Collier County Beach Renourish) 2002 Key West Beach Renourishment $500,000.00 Contact: Bern Smith 239-261-0116 Naples Beach/Doctor's Pass $700,000.00 Vanderbilt Beach/Pelican Bay/Hideaway $500,000.00 U S Homes 2004 Heritage Point(Beach Construction) $30,000.00 Contact: Russell Smith 2005 Heritage Cove(Beach Construction) $30,000.00 239-278-1177 Williams Marine Keywadin Island $125,000.00 Contact:Dave Williams (Supply and deliver rock for jetty) Engineer Contact: Ken Hummiston 239-594-2021 19 CAC October 23,2014 VIII-2**New Business TRENCH SAFETY ACT 20 of 108 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. yt 14-6352 Naples Beach Renourishment(Sand Placement) 20 CAC October 23,2014 VIII-2**New Business 21 of 108 Croter C,ounty A'criiirt strative Services Division urcha=in Immigration Law Affidavit Certification Solicitation: 14-6352-Naples Beach Renourishment(Sand Placement) This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor 1 Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E- Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. /_ / g/11-0 Company Name t h 6 6--d \ > � c- Print Name 1-15 4 ,C r 1 t; Title YAP Signature ,r` � � < �°� � E:.,` Date State of, 00 ei PF4- County of The fpregoing instrument was signed and acknowledged before me this off-) day of uQi "t, , 20 1 by L 1-4 S4 r 1 i't who has produced -ROApR L - G./ as identification. t or Type Name) (Type of Identification and Number) „NON Notary! ublit Si natur °° �° •, sr Printed Name of Notary Public ry " •..,, { EE 70268 Notgty Commission N ber/Expiration ','O •: a� ;%'� `t�`� �l, -•••••cc\-ii The signee of this Affidavit guarantees, as evidenced by the sworn affidavit rtt(tttr'ed`herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 14-6352 Naples Beach Renourishment(Sand Placement) 21 CAC October 23,2014 VIII-2**New Business 22 of 108 Co . County ,.d,mtr M3atve Se\/c s` viscn ,t rrn.:,..,jtig COLLIER COUNTY SOLICITATIONS 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 L 4�,-1 'II-41 gez t5d__ (as shown on income fax return) Business Name (if different f o taxp.,er.name) / Address r►` _ '° Ad a ...+", , }..Co, City f State, �Dri o/- Zip .6//l k Telephone 3 (777412,22 2- 67 7 FAX . L /22-i Email_ s }i#,5 -1-1i+✓ r/V6p i se--5.Cm Order Information //���.� �,/ ,� Remit/Payment Information / Address J r A J I.Yr E Address `-' e— r T'v � City State Zip City State Zip FAX FAX Email _...- Email 2. Company Status (check only one) _._.Individual I Sole Proprietor orporation _.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) ." (Vendors 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 4 Certification: Under pen !ties of pe > ry, I certify that the information shown on this form is correct to my knowledge. Signature - ..._ Date /p is -1`f 14-6352 Naples Beach Renourishment(Sand Placement) 22 CAC October 23,2014 /J VIII-2**New Business Title CE Pra‘a,01. P hone Number 231— 7711''t1��J 14-6352 Naples Beach Renourishment(Sand Placement) 23 CAC October 23,2014 VIII-2**New Business 24 of 108 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within thirty-four (34) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ten (7) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of -E(b r■DA County of Co 1.1- E z T n���.� s'. , being first duly sworn on oath deposes and say hat the Bidder on the above :id is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. L51 C h El-111.1C Gh-'{trfn3r 4'r'- , also deposes and says that it has examined and carefGfly prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 14-6352 Naples Beach Renourishment(Sand Placement) 24 CAC October 23,2014 VIII-2**New Business 25 of 108 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of �1a OA- which operates under the legal name of -04-I2-I-1- d)-∎ Ems-(- fr,SCS and the full names of its officers are as follows: President £-h r r s-fvph Fr &h r ir5 Secretary kr$A- Treasurer LIS COI n' 1 Manager J The cE jji -(4 0014--- is authorized to sin construction bids and contracts F for the company b action of its Board of Directors taken � 2 n.b , -a- - e , • I 1 - • . - •-• • • • -= = - --- -- e '). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 14-6352 Naples Beach Renourishment(Sand Placement) 25 CAC October 23,2014 VIII-2**New Business 26 of 108 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED D IS - l` I eillarfh Tec-h FK-{- rp n sea C_ Legal entity (�• 7617±6 BY: l s �� kin W' n_ss Name 9f Bid• -r (Typed h A(i Wit e. Signature VP Title STATE OF COUNTY OF (,t)(,(,i FK, The foregoing instrume t was acknowledged before me this /Sday of t/9 , 20 , PI by �.�5/4 �- - hrin as Oef. l✓r�,tr a�C72 r- of E7/4/),14.--, ��GL, tia-f�ep2�Ses , a Planvig- corporation, on behalf of the corporation. He/she is personally known to me or has produced MO h..0/4— D L as identification and did (did not) take an oath. My CQ> fri, xpires: f �' My CR, 40SW.464xpires: 'Mei V r . .oMMsso .'o (Signatur- of otary) 'iw,tch1j?' . y s NAME: C •-.� �5 -� /70268 i*_ (Legibly Printed) 64.0.d lfiGt (AF FI' t� ��� t SEAL) Notary Public, State ofVettc6 Commission No.: 14-6352 Naples Beach Renourishment(Sand Placement) 26 CAC October 23,2014 VIII-2**New Business 27 of 108 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we EARTH TECH ENTERPRISES, INC. (herein after called the Principal) and INTERNATIONAL FIDELITY INSURANCE COMPANY (herein called the Surety), a corporation chartered and existing under the laws of the State of NEW JERSEY with its principal offices in the city of NEWARK and authorized to do business in the State of FLORIDA are held and firmly bound unto the COLLIER COUNTY, FLORIDA (hereinafter called the Owner), in the full and just sum of 5% OF BID dollars ($ 5% good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as #14-6352 Naples Beach Renourishment (Sand Placement) Bid No. 14-6352 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% OF BID noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 15TH day of OCTOBER , 2014. 14-6352 Naples Beach Renourishment(Sand Placement) 27 CAC October 23,2014 VIII-2`*New Business 28 of 108 • EARTH TECH ENTERPRISES. INC. Principal ,/ BY .211r1. i (Seal) CHRISTOPHER GEHRING.PRESIDENT INTERNATIONAL FI.ELIITTYY IN RANGE C MP Ny/ Surety (Baal; /MATTHEW T SMITH.ATTORNEY IN FACT Countersigned NA Local Resident Producing Agent for NA NA INQUIRIES: SMITH SURETY BONDS 10501 SIX MILE CYPRESS PKWY SUITE 110 FORT MYERS. FL 33966 239 560 0137 RESIDENT AGENT: MATTHEW T SMITH, E148192 14-6352 Naples Beach Renourishment(Sand Placement) 28 CAC October 23,2014 VIII-2"New Business 29 of 108 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Procurement Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 11. The mailing envelope must be sealed and marked with: 14-6352 - Naples Beach Renourishment(Sand Placement) Bid Closing:10/15/2014 12. The Bid will be mailed or delivered in time to be received no later than the specified opening date and time, otherwise Bid cannot be considered. ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET (• S Bider Na e Ii, Signat e &Title(`1/s / Date: � ' 11 14-6352 Naples Beach Renourishment(Sand Placement) 29 CAC October 23,2014 VIII-2"New Business 30 of 108 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Earth Tech Enterprises, Inc. ("Contractor") of 5475 Golden Gate Pkwy., Suite 5, Naples, FL 34116 a Florida Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Naples Beach Renourishment (Sand Placement), Bid No. 14-6352 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Atkins North America, the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: Seven Hundred and Forty-Eight Thousand Eight Hundred and Sixty-One Dollars and Twenty Cents ($748,861.20). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of 14-6352 Naples Beach Renourishment(Sand Placement) 30 CAC October 23,2014 VIII-2**New Business 31 of 108 which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.uov/c570/c570.html#certified. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within thirty-four (34) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within seven (7) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, two thousand dollars 14-6352 Naples Beach Renourishment(Sand Placement) 31 C,g CAC October 23,2014 VIII-2**New Business 32 of 108 ($2,000.00) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and 14-6352 Naples Beach Renourishment(Sand Placement) 32 CAC October 23,2014 VIII-2**New Business 33 of 108 accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 14-6352 — Naples Beach Renourishment (Sand Placement). Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Atkins North America and identified as follows: Naples Beach Renourishment Project 100% Construction Drawings shown on Plan Sheets 1 through 33. Exhibit N: Contractor's List of Key Personnel Exhibit 0: Project Timeline ITB #14-6352: Solicitation Document for Naples Beach Renourishment (Sand Placement) Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: Gary McAlpin, Manager Coastal Zone Management 2800 North Horseshoe Drive Naples, Florida 34104 14-6352 Naples Beach Renourishment(Sand Placement) 33 Cq CAC October 23,2014 VIII-2**New Business 34 of 108 Tel: 239-252-2966 Fax: 239-252-2950 Email: garymcalpin©colliergov.net B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E- mail or Facsimile, addressed to the following: Lisa Gehring, Vice President Earth Tech Enterprises, Inc. 5475 Golden Gate Pkwy., Suite 5 Naples, FL 34116 Tel: 239-774-1223 Fax: 239-774-1227 Email: lisa @earthtechenterprises.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. 14-6352 Naples Beach Renounshment(Sand Placement) 34 CAC October 23,2014 VIII-2`"New Business 35 of 108 Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization., The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's purchasing ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents, 14-6352 Naples Beach Renourishment(Sand Placement) 35 �9 CAC October 23,2014 VIII-2"New Business 36 of 108 except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 14-6352 Naples Beach Renourishment(Sand Placement) 36 CAC October 23,2014 VIII-2"New Business 37 of 108 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: Earth Tech Enterprises, Inc. By: FIRST WITNESS Print Name and Title Date Print Name SECOND WITNESS Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Tom Henning Date Chairman Approved as to Form and Legality: Assistant County Attorney Print Name 14-6352 Naples Beach Renourlshment(Sand Placement) 37 CAC October 23,2014 VIII-2"New Business 38 of 108 EXHIBIT A 1: PUBLIC PAYMENT BOND 14-6352—Naples Beach Renourishment(Sand Placement) Bond No. Contract No. 14-6352 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 ,with Obligee for in accordance with drawings and specifications,which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 14-6352 Naples Beach Renourishment(Sand Placement) 38 �9 CAC October 23,2014 VIII-2**New Business 39 of 108 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 14-8352 Naples Beach Renourishment(Sand Placement) 39 S CAC October 23,2014 VIII-2"New Business 40 of 108 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 14-6352 Naples Beach Renourishment(Sand Placement) 40 (9 CAC October 23,2014 VIII-2**New Business 41 of 108 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 14-6352— Naples Beach Renourishment(Sand Placement) Bond No. Contract No. 14-6352 KNOW ALL MEN BY THESE PRESENTS: That as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns,jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of , 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. 14-6352 Naples Beach Renourishment(Sand Placement) 41 CAC October 23,2014 VIII-2**New Business 42 of 108 In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 14-6352 Naples Beach Renourishment(Sand Placement) 42 CAC October 23,2014 VIII-2**New Business 43 of 108 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 14-6352 Naples Beach Renourishment(Sand Placement) 43 r� CAC October 23,2014 VIII-2"New Business 44 of 108 EXHIBIT B:INSURANCE REQUIREMENTS The Vendor 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 EXHIBIT B of this solicitation. The Vendor 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 Vendor waive against each other and the County's separate Vendors, 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 Vendor and County shall,where appropriate, require similar waivers of subrogation from the County's separate Vendors, 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 Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. 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. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor 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 Vendor's sole responsibility. Coverageal 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 Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor 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 Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage, required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverageal purchased. If Vendor fails to reimburse the County for such costs within thirty 14-6352 Naples Beach Renourishment(Sand Placement) 44 CD CAC October 23,2014 VIII-2"`New Business 45 of 108 (30) days after demand, the County has the right to offset these costs from any amount due Vendor under this Agreement or any other agreement between the County and Vendor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverageu purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverageisl 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 Vendor 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 Vendor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 14-6352 Naples Beach Renourishment(Sand Placement) 45 0 CAC October 23,2014 VIII-2"New Business 46 of 108 Collier County Florida INSURANCE AND BONDING REQUIREMENTS GIs .04:Bond 1. ■ Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 1. ® Employer's Liability $500,000 single limit per occurrence 2. ®Commercial General $1,000.000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury Liability(Occurrence Form) Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. 3. ®Indemnification To the maximum extent permitted by Florida law,the ContractorNendor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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 4. ❑ 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 $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 14-6352 Naples Beach Renourishment(Sand Placement) 46 CAC October 23,2014 VIII-2**New Business 47 of 108 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. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor 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. Vendor'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 t {Y� ( _of f gc3�E5" . Date (D "i (-(c/ Vendor Signature °6 4 Print Name L,.R- r;#' Insurance Agency Fee 2-__• Agent Name ,Th 4-f4-. ;Th. Telephone Number 6490 - 0417 14-6352 Naples Beach Renourishment(Sand Placement) 47 7 CAC October 23,2014 VIII-2"New Business 48 of 108 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn,deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages,costs and expenses,whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/finall Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,20 , by ,as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: 48 CAC October 23,2014 VIII-2**New Business 49 of 108 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) Bid No. (County Department) Project No. Collier County Board of County Commissioners(the OWNER)or Purchase Order No. Collier County Water-Sewer District(the OWNER) Application Date FROM: (Contractor's Representative) Payment Application No. (Contractor's Name) for Work accomplished through the Date: (Contractor's Address) RE: (Project Name) Original Contract Time: Original Contract Price: $ Revised Contract Time: Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed Retainage @ 10% thru[insert date] $ and stored to Date $ Retainage @ _%after [insert date] $ = Less Retainage $ Total Earned Less Retainage $ Less previous payment(s) $ Percent Work completed to Date: % AMOUNT DUE THIS Percent Contract Time completed to Date % APPLICATION: $ Liquidated Damages to be Accrued $ Remaining Contract Balance $ ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2)title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; and (4) CONTRACTOR has only included amounts in this Application for Payment properly due and owing and CONTRACTOR has not included within the above referenced amount any claims for unauthorized or changed Work that has not been properly approved by Owner in writing and in advance of such Work. By CONTRACTOR: (Contractor's Name) (Signature) DATE: (Type Name&Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended: By Design Professional: (DP's Name) (Signature)DATE: (Type Name&Title) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: (Signature) DATE: (Type Name and Title) 49 CAC October 23,214 VIII-2"New Business 50 of 108 & K 1) 7 � � § ., • . iB i, IOhIIiIIIIIIIIIIIIIIIIIIIII'I �\ i! 11111111111111111111111111111111/ }f u § 22 re . g7 /o 2 ® ° �f f a / : §§ ® § ®� &C � # I. � z ) � .0 / ! } ° � 1;1111� § IE ko ■ § ° �iii <• o §M 0- ■ �L 3 § �2 2ci \a. - e ■® 8 3 § "3 Ili ill f k \ 2 a = ■ § £ C• o - § © U §k n $ � k s 2 k/k o )aa . 3f 2 2 a & \�2 t , ■ ƒa. � C.Q3 ' CAC October 23,2014 VIII-2"New Business 51 of 108 O H d — W c w :8 O 0 3 a c 0 U t 1- m Q 3 • 3 - 7 U > 3 c a c u_ • CO a y w N r. CO 7 ; CAC October 23,2014 VIII-2**New Business 52 of 108 EXHIBIT E:CHANGE ORDER TO: FROM: Collier County Government Project Name: Construction Agreement Dated: Bid No. : Change Order No.: Date: Change Order Description Original Agreement Amount $ Sum of previous Change Orders Amount $ This Change Order Amount $ Revised Agreement Amount $ Original Contract Time in calendar days Adjusted number of calendar days due to previous Change Orders This Change Order adjusted time is Revised Contract Time in calendar days Original Notice to Proceed Date Completion date based on original Contract Time Revised completion date Contractor's acceptance of this Change Order shall constitute a modification to the Agreement and will be performed subject to all the same terms and conditions as contained in the Agreement, as if the same were repeated in this acceptance. The adjustments, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Prepared by: Date: Project Manager Recommended by: Date: Design Professional Accepted by: Date: Contractor Approved by: Date: Department Director Approved by: Date: Division Administrator Approved by: Date: Purchasing Department Authorized by Date: 52 CAC October 23,2014 VIII-2"New Business 53 of 108 Director (For use by Owner: Fund Cost Center: Object Code: Project Number: 53 CAC October 23,2014 VIII-2"New Business 54 of 108 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 54 �� CAC October 23,2014 VIII-2"New Business 55 of 108 The responsibilities between OWNER and CONTRACTOR for security, operation,safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on ,20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 55 CAC October 23,2014 VIII-2"New Business 56 of 108 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted(list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) 56 CAC October 23,2014 VIII-2"New Business 57 of 108 By Design Professional: (Firm Name) (Signature) (Typed Name&Title) By Owner: (Department Name) (Signature) (Name&Title) 57 CAC October 23,2014 VIII-2"New Business 58 of 108 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; 58 CAC October 23,2014 VIII-2"New Business 59 of 108 availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 59 CAC October 23,2014 VIII-2"New Business 60 of 108 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 60 CAC October 23,2014 VIII-2**New Business 61 of 108 4.3 Contractor shall submit all Applications for Payment to Bryan Flynn, Atkins Global, located at 4030 West Scout Blvd, Suite 700, Tampa, FL 33607. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's purchasing ordinance and policies. 61 CAC October 23,2014 VIII-2"New Business 62 of 108 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 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"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County maynot accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent 62 v CAC October 23,2014 VIII-2"New Business 63 of 108 inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Purchasing Department and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its 63 C CAC October 23,2014 VIII-2"New Business 64 of 108 final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a 64 CAC October 23,2014 VIII-2**New Business 65 of 108 substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 65 CAC October 23,2014 VIII-2"New Business 66 of 108 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As- Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, pursuant to F. S. 119.0701 (2(a) — (d) and (3), which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later. Owner, or any duly authorized agents or representatives of Owner, shall have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the document retention period noted above; provided, however, such activity shall be conducted only during normal business hours. 9. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under 66 CAC October 23,2014 VIII-2"New Business 67 of 108 the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9.3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9.4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and 67 CAC October 23,2014 VIII-2**New Business 68 of 108 Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub- subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County purchasing ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 68 0 CAC October 23,2014 VIII-2**New Business 69 of 108 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight(48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 69 CAC October 23,2014 VIII-2**New Business 70 of 108 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain. terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this 70 CAC October 23,2014 VIII-2**New Business 71 of 108 Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 14.2 By executing and entering into this agreement, the Contractor 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 Contractor 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. 14.3 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 Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors 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 BidderNendor does not comply with providing both the acceptable E-Verifv evidence and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive., Additionally, vendors shall require all subcontracted vendors 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.aov/E-Verifv,. It shall be the 71 (-D CAC October 23,2014 VIII-2"New Business 72 of 108 vendor's responsibility to familiarize themselves with all rules and regulations governing this program. Vendor 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 sea. 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. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 72 CAC October 23,2014 VIII-2**New Business 73 of 108 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or(8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the 73 CAC October 23,2014 VIII-2"New Business 74 of 108 Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 74 CAC October 23,2014 VIII-2"New Business 75 of 108 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve a payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 75 CAC October 23,2014 VIII-2**New Business 76 of 108 Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full 76 CAC October 23,2014 VIII-2"New Business 77 of 108 responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 22.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non- defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all 77 CAC October 23,2014 VIII-2**New Business 78 of 108 necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change 78 i a" CAC October 23,2014 VIII-2""New Business 79 of 108 Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 24.2 Contractor shall have a competent superintendent on the project at all times whenever contractors work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 25. PROTECTION OF WORK. 25.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 79 CAC October 23,2014 VIII-2**New Business 80 of 108 25.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 25.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 80 CAC October 23,2014 VIII-2**New Business 81 of 108 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. 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. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 81 CAC October 23,2014 VIII-2**New Business 82 of 108 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre-construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 30. VENDOR PERFORMANCE EVALUATION 82 CAC October 23,2014 VIII-2**New Business 83 of 108 Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Purchasing Departments, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE 32.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase'). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, 83 CAC October 23,2014 VIII-2**New Business 84 of 108 accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval 84 C,g CAC October 23,2014 VIII-2"New Business 85 of 108 from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 85 c,� CAC October 23,2014 VIII-2**New Business 86 of 108 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10%for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, • on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction II 86 C'�(J CAC October 23,2014 VIII-2"New Business 87 of 108 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY If required, Vendor/Contractor/ Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department 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. 36.VENUE 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. 37.VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be 87 iC� CAC October 23,2014 VIII-2"New Business 88 of 108 erin and inspection (CEI) to: design, construction, and construction, engineering p ( ) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION 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 by OWNER'S staff person who 88 CAC October 23,2014 VIII-2"New Business 89 of 108 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. 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. 89 CAC October 23,2014 VIII-2**New Business 90 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. 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. Termination for Cause and for Convenience 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: a) Not less than ten (10)calendar days written notice (delivered by certified mail, return receipt requested)of intent to terminate; and b) An opportunity for consultation with the terminating party prior to termination. 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. If termination for default is effected by the local government,an equitable adjustment in the price for this contract shall be made,but no amount shall be allowed for anticipated profit on unperformed services or other work,and 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 10/1/2012 Revision 2 90 ��rn CAC October 23,2014 VIII-2"New Business 91 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. Upon receipt of a termination action under paragraphs(a)or(b)above,the contractor shall • promptly discontinue all affected work(unless the notice directs otherwise) and • 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. 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: • 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. • 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. • 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. • 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. • 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. • 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. 03/04/2013-(2) 91 CAC October 23,2014 VIII-2**New Business 92 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions • 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." 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. 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. Copeland "Anti-Kickback"Act(U.S.C. Section 61) 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. Reporting The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. 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. 03104/2013-(2) 92 CAC October 23,2014 VIII-2**New Business 93 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions 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. 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. 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). 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). Debarment and Suspension (Executive Orders 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 v.w v.iarr 9v and the State of Florida at ttp s ei5 0 tl S't=.{ (+J171'kxL15lrl4.aSlti JE?Y 3k4C71 ?">'�Cr!${S � k 1' $..,.0 n x ' flit i"? E.. 03/04/2013-(2) 93 'qr. CAC October 23,2014 VIII-2"New Business 94 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Provisions If appropriate to the project,the Contractor will provide assurances regarding the following: • It will establish safeguards to prohibit discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107)which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973. • It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, Florida Statutes. • It will comply with the Rehabilitation Act of 1973, Section 504,29U.S.C.794, regarding non- discrimination. • It will require every building or facility(other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 QE$Section 101-19.6 for general type buildings and Appendix A to 24 aa Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. • It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- • 1683 and 1685- 1686),which prohibits discrimination on the basis of sex. • It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C.4521-45-94)relating to nondiscrimination on the basis of alcohol abuse or alcoholism. • It will comply with 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. 290 dd-3 and • 290 ee-3)as amended,that relate to confidentiality of alcohol and drug abuse patient records. • It will comply with Lead-Based Paint Poison Prevention Act(42 U.S.C.: 4821 et seq.)which prohibits the use of lead based paint in construction of rehabilitation or residential structures. • It will comply with the Energy Policy and Conservation Act(P.L. 94-163;42 U.S.C. 6201-6422),and the provisions of the state Energy Conservation Plan adopted pursuant thereto. • It will comply with environmental standards which may be prescribed pursuant to the National • Environmental Policy Act of 1969,42 U.S.C.4321-4347. • It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C.469a, et seq. • It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974 (42 U.S.C. 300f-300j)regarding the protection of underground water sources. • It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642. • It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626. • It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544. • It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-763. • It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system. • It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990(Wetlands); and EO 12898 (Environmental Justice). • It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510. • It will assure project consistency with the approved state program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464. • It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. 03/04/2013-(2) 94 CAC October 23,2014 VIII-2"New Business 95 of 108 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS FEMA 97.036 Certifications and Forms THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. General Grant Clauses 3. Disclosure of Lobbying Activities 4. Conflict of Interest Affidavit 5. Anticipated DBE or M/WBE Participation Statement 6. Construction Contractors Bid Opportunity List 03/04/2013•(2) 95 r9) CAC October 23,2014 VIII-2**New Business 96 of 108 COLLIER COUNTY (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 7, I'id eS !V4iis 1��pi1-2 7.s{'>6!1 i!isi h e et Name L/5/4' gcr in h S Project Name Title Project Number hlil efi-nee sess 51. 3es 7`t4SZ Firm Tax ID Number -q2, &VVO', C-' "kW/ z// Streqt Address S-te 3 DUNS Number �Es/ TL- tit/4 City, State,Zip Signature Date 03/04/2013-(2) 96 CD CAC October 23,2014 VIII-2"New Business 97 of 108 Collier County Acknowledgement of Terms, Conditions, and Grant Clauses 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 available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor 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. Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name _k:44 . wra.t - Date 16-1c(-/tf Authorized Signature Lis1Q 4Ar:A7 Address 5V2c 610(0-1 69-014-- iU4p/a/ SW/ 4 ! �-('7j Solicitation Apirs XContract# 10/1/2012 Revision 2 97 0 CAC October 23,2014 VIII-2**New Business 98 of 108 COWER COUNTY CERTIFICATION REGARDING LOBBYING The undersigned L &1/ (Vendor/Contractor)certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering Into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement, (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions[as amended by"Government wide Guidance for New Restrictions on Lobbying,"61 Fed. Reg. 1413(1/19/96). Note: Language in paragraph (2)herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995(P.L. 104-65,to be codified at 2 U.S.C.1601,et seq.)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification Is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.§1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure or failure.] grpn,cs The Vendor/Contractor,/1J4 , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,If any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. ! Al Signature of Vendor/Contractor's Authorized Official 1,4Te /��� 9h �-Eh-terrrae3 L/Sk &i i Ins VP Name and Title of Vendor/Contractor's Authorized Official l0 q`i—/ Date 03/04/2013-(21 98 CAC October 23,2014 VIII-2"New Business 99 of 108 CONFLICT OF INTEREST CERTIFICATION /4- Z Collier County Solicitation No. 1, /..;50? C hi , hereby certify that to the best of my knowledge, neither I nor my souse, dependent child,general partner, or any organization for which I am serving as an officer, director,trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household.Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in, or is affected at a later date by,the conduct of this matter. 4;5-//- Name y S gn ure ,o,,v_,, Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978(5 U.S.C.App.),Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information.The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made:(1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations;(2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena;(3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National Archives and Records Administration or the General Services Administration in records management inspections;(5)to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law.See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. 99 7, CAC October 23,2014 VIII-2"New Business 100 of 108 COLLIER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT DBE/MBE/WBE Status will be verified. Unverifiable statuses will require the PRIME to either provvde a revised statement or provide source documentation that validates a status. A. ,, a INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT GANh cq- Sig qG)2 # Ft,/r IS THE PRIME A FLORIDA-CERTIFIED SADVANTAGED, 5 THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y sDY CONSTRUCTION? N (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y ff CONSULTATION? y ADMINISTRATION? p, WBE? V Q OTHER? Y SDB 8A? Y �C, IS THIS SUBMISSION A REVISION? Y ry IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR oitsumititit WHO IS DBE/MBE,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR / NAME OF SUBMITTER DATE TITLE ,TtIT�L-E OF SUBMITTER EMAIL ADDRESS��ME(SMATTER) 1�LEPHDNE(NUMBER I(�FA NUMBER 4 5 4€6 i'1'1+ i 4 1 i&A y r?3 .44/v1 9—774/-f z 3 r 2 3 5 -'7-?ct—i i - NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance Flies. ETHNICITY CODE Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COWER COUNTY DEPARTMENT NAME COLLIER CONTRACT II(IFB/RFP or PO/REQ) FUNDING SOURCE ACCEPTED BY: DATE 100 CAC October 23,2014 VIII-2**New Business 101 of 108 CONSTRUCTION CONTRACTORS - BID OPPORTUNITY LIST 1. Federal Tax ID Number:5 -367gG3-2 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: Ekrii,Tea,Ekfciartse p-tcro-n-DBE ❑ Less than$1 million 3. Phone: 2S9 77 y s 2-7....3 >~�p Q Between $1 -$5 million 4. Address: 5 2S & hae.. kw/ Between$5-$10 million 51 3 7. Erglcontractor 2-Between$10-$15 million /t,Jk,/a L 2q1/1 4.. ❑ Subconsuttant ❑ More than$15 million 5. Year Firm Established: 2E:4,0 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million 1 ❑ Subconsultant I] More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million I 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 1. Federal Tax ID Number: 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name: , ❑ Non-DBE ❑ Less than$1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million ❑ Subconsultant ❑ More than$15 million 5. Year Firm Established: 101 0 CAC October 23,2014 VIII-2**New Business 102 of 108 EXHIBIT J:TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliernov.netlbid/ and titled: Exhibit J -- Technical Specs 14-6352 14-8352 Naples Beach Renourishment(Sand Placement) 102 9 CAC October 23,2014 VIII-2"New Business 103 of 108 EXHIBIT K: PERMITS, All permits are included in Appendices V-A and V-B of Exhibit I. 14-6352 Naples Beach Renourishment(Sand Placement) 103 �9 CAC October 23,2014 VIII-2•*New Business 104 of 108 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.collierpov.net/bid/ and titled: Exhibit L — Standard Details (Sand Source) 14-6352 14-8352 Naples Beach Renourishment(Sand Placement) 104 CAC October 23,2014 VIII-2"New Business 105 of 108 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.collieraov.net/bidl and titled: Exhibit M— Plans 14-6352 14-6352 Naples Beach Renourishment(Sand Placement) 105 r-- .y CAC October 23,2014 VIII-2"New Business 106 of 108 EXHIBIT N:CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT, Name Personnel Category C�►', hr�� Construction Superintendent 1501 Sr►' Project Manager 14-6352 Naples Beach Renourishment(Sand Placement) 106 '9 CAC October 23,2014 VIII-2"New Business 107 of 108 EXHIBIT 0: PROJECT TIMELINE Construction Schedule Construction will be in a continuous north to south direction. No timeout for weather delays or storm events except force majeure events. CONTRACTOR begins nourishment activities on beach by November 10, 2014. The hours of operation are from 7 a.m. to 7 p.m., with no work being allowed on Sundays. No beach activities will be permitted the Thursday, Friday, Saturday, and Sunday of Thanksgiving or the week of Christmas. CONTRACTOR manages the placement events on the beach. Substantial completion of all work covered by this Bid within thirty-four(34) consecutive calendar days and fully completed to the point of final acceptance by the Owner within seven (7) consecutive calendar days after Substantial Completion. If final completion of work occurs after forty- one (41) calendar days, the contractor is assessed Liquidated Damages (LD's) of$2,000 per day until final completion occurs. The county reserves the right to cancel the contract if final completion does not occur by 12/31/2014. 14-6352 Naples Beach Renourishment(Sand Placement) 107 Er.) CAC October 23,2014 VIII-2**New Business 108 of 108 Cote"- County Email: adamnorthrup @colliergov.net Telephone: (239) 252-6098 Administrative Services Division FAX: (239) 252-6302 purchasing ADDENDUM #1 Memorandum Date: October 3, 2014 From: Adam Northrup Procurement Strategist To: Interested Bidders Subject: Addendum # 1 14-6352 —Naples Beach Renourishment (Sand Placement) The following file is issued as an addendum identifying change(s) for the referenced solicitation: The above referenced solicitation file has been replaced with the file named 14- 6352 — NBR (Sand Placement) Solicitation Addendum 1. All changes fix inconsistencies in the substantial and final completion days, to reflect thirty-four (34) days to substancial completion and seven (7) days to final completion for a total of forty (41) days. Changes in the document are highlighted in yellow. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Gary McAlpin Please sign ow and return a copy of this Addendum with your submittal for the above referenced solicitatio . J �r� L GAli 4 ` J 6�1�I (Sign- ure) Date EP46 „ 1g(1)-\ 1xnh. fc (Name of Firm) Addendum#1 108