Agenda 07/12/2016 Item #16A22 7/12/2016 16.A.22.
EXECUTIVE SUMMARY
Recommendation to award ITB No. 16-6658 Sand Supply for beach re-nourishment to Stewart
Materials,Inc.,and make a finding that this project and expenditure promotes tourism.
OBJECTIVE: To acquire sand sourcing for beach re-nourishment projects over the next five(5)years.
CONSIDERATIONS: In order to perform maintenance re-nourishment projects of the County's beaches
it is expected that approximately 75,000 tons/year(50,000 CY/year) will be needed for the next five(5)
years. The intended plan is to perform annual or bi-annual (every other year)truck haul re-nourishments
with sand being purchased by the County directly from the supplying sand mine. A separate contractor
will be selected by the County for pick-up, delivery and placement of fill material for each maintenance
project. This approach will be advantageous to the County by ensuring that material is available and
ready to meet their project needs.
The sand supply contract is to supply approximately 75,000 tons/yr (50,000 CY's per year) for a total
placement over a 5-year period of being approximately 375,000 tons (250,000 CY). The bids were
received for an "At-Beach" pricing utilizing a mine price per ton plus a specified transportation price of
$.20 per ton per one way haul miles. The average mean-grain size of 0.33mm is desired. Yearly sand
supply will be authorized by a purchase order and a Notice to Proceed (NTP) will authorize sand
manufacturing timing.
An Invitation to Bid (ITB)was posted on June 14, 2016, for ITB No. 16-6658, "Upland Sand Sourcing".
Five hundred, seventy-five (575) notices were sent out and thirty-five (35) vendors downloaded the bid
package. Two (2) responsive proposals were received on June 27, 2016. Staff recommends that the
Board awards the contract to Stewart Materials, Inc., as the lowest qualified responsive bidder having
been evaluated by both dollars per ton delivered and dollars per cubic yard delivered.
Price of sand Price of Distance in Mileage Delivered Delivered
per Cubic sand per Miles from total per price per price per
Supplier Ton Collier Ton (sand Cubic Yard
Yard (as per ton ($0.20/
bid sheet) (1.5 (as per bid ton) plus (sand plus
tons/CY) sheet) mileage) mileage)
Stewart Materials,
Inc. $13.50 $9.00 48 $9.60 $18.60 $27.90
Vulcan Material
Company $12.00 $8.00 80 $16.00 $24.00 $36.00
FISCAL IMPACT: Funding is available in Fund 195 for beach renourishment. The Pelican Bay
community will reimburse Collier County for the renourishment of the Pelican Bay beaches. Grant
reimbursement funding will be available through the FDEP Cost Share program for the renourishment of
eligible beach segments.
ADVISORY COMMITTEES: This item will be presented to the Coastal Advisory Committee at their
August 11, 2016 meeting for approval. It will also be presented to the Tourist Development Council for
approval at their August 22, 2016 meeting. Both of these requests will be "after the fact" approvals as
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both the Coastal Advisory Committee and the Tourist Development Council have previously approved
the 2016 overall beach renourishment program.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To award ITB No. 16-6658 — Sand Supply for Beach Renourishment to
Stewart Materials, Inc. and makes a finding that this project and expenditure promotes tourism.
Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees
and Program Management Division,Growth Management Department
Attachments:
1. Bid Tabulations
2. Bid Recommendation from CB&I Environmental &Infrastructure,Inc.
3. Invitation to Bid
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.22.
Item Summary: Recommendation to award ITB No. 16-6658 Sand Supply for beach re-
nourishment to Stewart Materials, Inc., and make a finding that this project and expenditure
promotes tourism.
Meeting Date: 7/12/2016
Prepared By
Name: HambrightGail
Title: Accountant, Coastal Zone Management
7/6/2016 9:07:07 AM
Submitted by
Title: Accountant, Coastal Zone Management
Name: HambrightGail
7/6/2016 9:07:08 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations &Regulatory Management
Date: 7/6/2016 9:57:02 AM
Name: PattersonAmy
Title: Division Director-IF, CPP&PM, Capital Project Planning, Impact Fees and Program
Management
Date: 7/6/2016 10:00:52 AM
Name: McAlpinGary
Title: Manager-Coastal Management Programs, Coastal Zone Management
Date: 7/6/2016 10:16:20 AM
Name: KearnsAllison
Title: Manager-Financial &Operational Sprt, Capital Construction&Maintenance Budget/Fiscal
Date: 7/6/2016 10:19:59 AM
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Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 7/6/2016 10:25:08 AM
Name: Joshua Thomas
Title: Grants Support Specialist, Grants Management Office
Date: 7/6/2016 10:33:48 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 7/6/2016 10:33:58 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 7/6/2016 10:48:42 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/6/2016 11:01:06 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 7/6/2016 2:50:33 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/6/2016 3:03:25 PM
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PM: Gary McAlpin ITB 16-6658 Notices:575
PS: Adam Northrup Sand Supply Packages Downloaded:35
Bids:2
Stewart Materials, Vulcan Material
Inc.
Item #3 -Total Bid Price $1,732,500.00 $2,100,000.00
Bid Requirements:
Vendor's Check List Yes Yes
Bidders Response form Yes Yes
Insurance Yes Yes
Vendor Substitute W-9 Yes Yes
Immigration Affidavit Yes Yes
Grant Forms Yes Yes
n
Procurement Strategist: Brenda Brilhart 6/27/2016 3:00PM
.Vitness: Swain Hall
W
8
8
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CB&I Environmental & Infrastructure, Inc.
PP"C2481 NW Boca Raton Blvd.
��
r
6 :° Boca Raton, FL 33431
�' Tel: +1 561 391 8102
Fax: +1 561 391 9116
www.CBl.com
July 1, 2016
Gary McAlpin, Director
Collier County Coastal Zone Management
2800 N. Horseshoe Drive
Naples, FL 34104
Re: Bid Recommendation - Upland Sand Sourcing
Dear Gary:
CB&I Environmental & Infrastructure, Inc. (CB&I) has reviewed the two bids that were received by the
County for Solicitation No. 16-6658—Sand Supply. It is CB&I's opinion that both vendors Stewart Mining
Industries and Vulcan Materials are good bids as both are permit approved sediment sources that are
proven beach sand sources. There is some confusion between cubic yards and tons throughout the
solicitation documents. The intent was to charge $0.20/mile/ton, not $0.20/mile/cy. To more accurately
compare the bids, CB&I has prepared the following table based on information provided by the bidders.
Price of Sand per Distance in Miles
Cubic Yard Price of Sand per Ton from Collier Mileage Total per Delivered Price per Ton
(as per bid sheet) (assume 1.5 ton/CY) (as per bid sheets) Ton($0.20/ton) (sand plus mileage)
Stewart Materials,Inc.Immokalee $13.50 $9.00 48 $9.60 $18.60
Vulcan Material Company $12.00 $8.00 80 $16.00 $24.00
Shorter haul distance combined with their unit sand price makes Stewart Mining the most economical
bidder when considering the price of delivered sand. CB&I recommends award to the lowest bidder
Stewart Mining Industries.
Very truly yours,
l';-- .41
Stephen Keehn, P.E.
Senior Coastal Engineer
CB&I Environmental & Infrastructure, Inc.
cc: Clint Perryman, Collier County Government
Tara Brenner, P.G., CB&I
Thomas Pierro, P.E., CB&I
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Gooier County
Administrative Services Department
Procurement Services Division
GRANT FUNDED
INVITATION TO BID •
Date: 06/14/2016
From: Adam Northrup, Procurement Strategist
(239) 252-6098, Telephone Number
(239) 252-6302, FAX
Adamnorthrup@colliergov.net, Email Address
To: Prospective Vendors
Subject: Solicitation: 16-6658—Sand Supply
As requested by the Collier County Coastal Zone Management Division, 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.colliergov.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.
c: Gary McAlpin
4.7.)
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Invitation to Bid
Index
PUBLIC NOTICE 3
EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4
EXHIBIT I.A:GRANTING AGENCY REQUIREMENTS ERROR! BOOKMARK NOT DEFINED.
EXHIBIT II:GENERAL BID INSTRUCTIONS 9
EXHIBIT III:STANDARD PURCHASE ORDER TERMS AND CONDITIONS 14
EXHIBIT IV:ADDITIONAL ITB TERMS AND CONDITIONS 17
ATTACHMENT 1:VENDOR'S NON-RESPONSE STATEMENT 25
ATTACHMENT 2:VENDOR'S CHECK LIST 26
ATTACHMENT 3:VENDOR RESPONSE FORM 27
ATTACHMENT 4:IMMIGRATION LAW AFFIDAVIT CERTIFICATION 29
ATTACHMENT 5:VENDOR SUBSTITUTE W—9 30
ATTACHMENT 6: INSURANCE AND BONDING REQUIREMENTS ERROR! BOOKMARK NOT DEFINED.
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Public Notice
Sealed bid responses for Solicitation 16-6658 —Sand Supply, 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 06/27/2016. ITB responses received after
the stated time and date will not be accepted.
Solicitation 16-6658—Sand Supply
All questions regarding this ITB must be submitted online on the Collier County Procurement
Services Division Online Bidding System website: www.colliergov.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 Procurement Services Division Online Bidding
System website noted herein. ITB Documents obtained from sources other than Collier
County Procurement Services Division 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/Allison Kearns
Interim Director, Procurement Services Division
Publicly posted on the Collier County Procurement Services website:
www.collieraov.net/purchasinq and in the lobby of the Procurement Services Building on
12/14/2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Coastal Zone Management Division (hereinafter, the "Division"),
the Collier County Board of County Commissioners Procurement Services Division (hereinafter,
"County") has issued this Invitation to Bid (hereinafter, "ITB )with the intent of obtaining bids from
interested and qualified suppliers in accordance with the terms, conditions and specifications stated or
attached. The Supplier, at a minimum, must achieve the requirements of the Specifications or Scope
of Work stated.
The results of this solicitation may be used by other County departments or divisions once awarded
according to the Board of County Commissioners Procurement Ordinance.
Brief Description of Purchase
Collier County is seeking a vendor for a 5-year sand supply of beach compatible sand for use to
renourish County beaches. In order to perform maintenance renourishment projects of the
County's beaches it is expected that approximately 75,000 tons/year(-50,000 cy/year) will be
needed for the next five (5) years. The intended plan is to perform annual or bi-annual (every other
year) truck haul renourishments with sand being purchased by the County directly from the
supplying sand mine. A separate contractor will be selected by the County for pick-up, delivery
and placement of fill material for each maintenance project. This approach will be advantageous to
the County by ensuring that material is available and ready to meet their project needs.
Background
The County currently has three permit approved upland sand sources: Stewart's lmmokalee
mine, Vulcan's Witherspoon mine, and CEMEX's Lake Wales mine. It is assumed that the sand
will have up to an 8% moisture content, leading to a relationship of 1.5 tons/cubic yards for sand
delivery from the pit. The supplied sand must meet the requirements of the County's existing 15-
year Beach Nourishment permits as well as the County's technical sand specifications described
in detail below.
Historically Collier County performs an annual re-nourishment project to one or more of its
beaches. The physical beach surveys conducted in January/February 2016 indicated that the
Vanderbilt Beach, Park Shore Beach and parts of the Pelican Bay Beach need re-nourishment in
2016. The beach width measurements and three years of advanced re-nourishment placement
was included in the calculations and indicate these beaches will require the following:
• Vanderbilt Beach (R22-R30) —Approximately 30,000 CY (cubic yards) of renourishment;
• Park Shore Beach (R44-R53) -Approximately 25,000 CY of renourishment;
• Pelican Bay Beach -Approximately 34,000 CY of renourishment.
The first year's quantity may be up to 90,000 cy (135,000 tons).
Detailed Scope of Work
Collier County seeks to get high quality beach compatible material to Collier County beaches at a
competitive price. To perform bid price comparisons, the transport distance from the mine to the
beach will be factored in. The shortest driving distance along allowable truck routes will be
calculated from the mine to Lowdermilk Park at the corner of Banyan Road and North Gulf Shore
Bldv. (1301 Gulfshore Blvd., Naples, FL 34102) in Collier County using Google maps or other
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uniform method determined acceptable by the County. A unit cost of $0.20/ton/mile will be added
to the unit cost of sand supply (from the bid sheet) to come up with an adjusted unit price based
on distance. This adjusted unit price will be used for comparison purposes only and does
not affect the purchase price of the sand between the SUPPLIER and the COUNTY.
The average grain size: .33mm
Technical Specifications
Please see Exhibit V: 16-6658 —Technical Specifications
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.
• 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 Procurement Services Division 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).
• For the purposes of determining the bidder with the lowest price for award purposes only the
following methodology will be used:
Included with this solicitation is Attachment 7: Bid Schedule. On Attachment 7, Input the price
per cubic yard of sand in line 1. In line 2 input the distance your mine is from 1301, Gulfshore
Blvd, Naples FL 34102.
The speadsheet will then multiply your line one amount by 75,000 cubic yards of sand and
your line 2 amount by $0.20 per road mile to 1301 Gulfshore Blvd, Naples FL 34102 and by
75,000 cubic yards. The total in the provided formula to yield your total bid price in line#3.
Report line #3 on Attachment 3: Vendor 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, based on the lowest responsive, responsible vendors line 3
amount.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
• The resultant contract(s) may include purchase or work orders issued under one, or any
combination of price methodologies by the County's project manager:
Term of Contract
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The contract term, if an award(s) is/are made is intended to be for two (2) years with three (3) one
(1) year renewal options.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made before the contract anniversary date, in writing, to the Procurement
Director. Price adjustments may be based upon multiple factors: the consumer price index (CPI)
over the past twelve (12) months, market conditions and rate, budget availability and program
manager approval, or a combination thereof.
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 06/14/2016
Last Date for Receipt of Written Questions 06/24/2016; 3:00PM
Solicitation Deadline Date and Time 06/27/2016; 3:00PM
Anticipated Evaluation of Submittals Week of July 4, 2016
Anticipated Board of County Commissioner's Contract July 2016
Approval Date
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
• E-Verify company profile page or memorandum of understanding
• Excluded Parties List System Documentation located at: www.sam.gov, and select
SEARCH.
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EXHIBIT I A: SUPPLEMENTAL TERMS AND CONDITIONS
See attached file Exhibit I A: Supplemental terms and conditions CFDA 97.036
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EXHIBIT I B: SUPPLEMENTAL TERMS AND CONDITIONS
FEMA 97.036 Certifications and Forms
See attached file Exhibit I A: Supplemental terms and conditions CFDA 97.036
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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 Procurement Services Division (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, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. 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.
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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
Procurement Services Division Online Bidding System website: www.colliergov.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
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System website: www.colliergov.net/bid.
If you must submit a paper bid, 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 copy clearly labeled "Master," and three (3) 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 Procurement Services Division Internet bid site.
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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
Procurement Services Division Internet website: www.colliergov.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 Procurement Services Division 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 Procurement 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 Procurement Services Division.
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.ore/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
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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 Procurement Ordinance. Award
recommendations will be posted outside the offices of the Procurement Services Division as well
as on the Collier County Procurement Services Division 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 Services Division 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.gov. 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.
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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. Buy 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.dpo.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
http://wvwv.opo.dov/davisbacon/fl.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:
http://vvww.dotcr.ost.dot.qov/asp/dbe.asp.
e. Drug-Free Work Place: The Vendor/Contractor/ Consultant has implemented a drug-free
workplace program and will continue to enforce such program for the duration of resultant
agreement. A drug-free workplace program includes:
i. A published statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
ii. Employee information about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee
assistance programs and the penalties that may be imposed upon employees for drug abuse
violations.
iii. Providing each employee engaged in delivering the commodities or contractual services that
are under this bid or proposal a copy of the statement specified in Paragraph 1.
iv. Notifying the employees that, as a condition of working on the commodities or contractual
services that are under this bid or proposal that they will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any
violation of Chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
v. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who
is so convicted.
vi. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of Paragraphs i. through v. above.
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Exhibit III: 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. Stats., 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
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is not a waiver of the COUNTY'S right to insist including but not limited to attorneys' fees, arising
upon further compliance with all specifications. from, caused by or related to the injury or death
of any person (including but not limited to
6. Changes employees and agents of VENDOR in the
The COUNTY may at any time and by written performance of their duties or otherwise), or
notice make changes to drawings and damage to property (including property of the
specifications, shipping instructions, quantities COUNTY or other persons), which arise out of or
and delivery schedules within the general scope are incident to the goods and/or services to be
of this Purchase Order. Should any such change provided hereunder.
increase or decrease the cost of, or the time
required for performance of the Purchase Order, 11. Warranty of Non-Infringement
an equitable adjustment in the price and/or VENDOR represents and warrants that all goods
delivery schedule will be negotiated by the sold or services performed under this Purchase
COUNTY and VENDOR. Notwithstanding the Order are: a) in compliance with applicable laws;
foregoing, VENDOR has an affirmative obligation b) do not infringe any patent, trademark,
to give notice if the changes will decrease costs. copyright or trade secret; and c) do not constitute
Any claims for adjustment by VENDOR must be unfair competition.
made within thirty (30) days from the date the
change is ordered or within such additional VENDOR shall indemnify and hold harmless the
period of time as may be agreed upon by the COUNTY from and against any and all claims,
parties. including claims of negligence, costs and
expense, including but not limited to attorneys'
7. Warranties fees, which arise from any claim, suit or
VENDOR expressly warrants that the goods proceeding alleging that the COUNTY'S use of
and/or services covered by this Purchase Order the goods and/or services provided under this
will conform to the specifications, drawings, Purchase Order are inconsistent with VENDOR'S
samples or other descriptions furnished or representations and warranties in section 11 (a).
specified by the COUNTY, and will be of
satisfactory material and quality production, free If any claim which arises from VENDOR'S breach
from defects and sufficient for the purpose of section 11 (a) has occurred, or is likely to
intended. Goods shall be delivered free from any occur, VENDOR may, at the COUNTY'S option,
security interest or other lien, encumbrance or procure for the COUNTY the right to continue
claim of any third party. These warranties shall using the goods or services, or replace or modify
survive inspection, acceptance, passage of title the goods or services so that they become
and payment by the COUNTY. non-infringing, (without any material degradation
in performance, quality, functionality or additional
8. Statutory Conformity cost to the COUNTY).
Goods and services provided pursuant to this
Purchase Order, and their production and 12. Insurance Requirements
transportation shall conform to all applicable The VENDOR, at its sole expense, shall provide
laws, including but not limited to the Occupational commercial insurance of such type and with such
Health and Safety Act, the Federal terms and limits as may be reasonably
Transportation Act and the Fair Labor Standards associated with the Purchase Order. Providing
Act, as well as any law or regulation noted on the and maintaining adequate insurance coverage is
face of the Purchase Order. a material obligation of the VENDOR. All
insurance policies shall be executed through
9. Advertising insurers authorized or eligible to write policies in
No VENDOR providing goods and services to the the State of Florida.
COUNTY shall advertise the fact that it has
contracted with the COUNTY for goods and/or 13. Compliance with Laws
services, or appropriate or make use of the In fulfilling the terms of this Purchase Order,
COUNTY'S name or other identifying marks or VENDOR agrees that it will comply with all
property without the prior written consent of the federal, state, and local laws, rules, codes, and
COUNTY'S Purchasing Department. ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
this shall include the American with Disabilities
10. Indemnification Act and all prohibitions against discrimination on
VENDOR shall indemnify and hold harmless the the basis of race, religion, sex creed, national
COUNTY from any and all claims, including origin, handicap, marital status, or veterans'
claims of negligence, costs and expenses, status. Further, VENDOR acknowledges and
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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
conditions of this Purchase Order, provided that
COUNTY has provided VENDOR with notice of
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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 Procurement 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.
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. Termination
Should the Contractor be found to have failed to perform services in a manner satisfactory to the County,
the County may terminate this Agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance. In the event that the award of this solicitation is made by the Procurement Services
Director, the award and any resultant purchase orders may be terminated at any time by the County
upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement
Ordinance.
7. 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.
8. 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.
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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.
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.
9. Public Records Compliance
Florida Public Records Law Chapter 119, including specifically those contractual requirements in
119.0701(2) (a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public agency
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the Contractor does not transfer the
records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in
possession of the Contractor or keep and maintain public records required by the public agency
to perform the service. If the Contractor transfers all public records to the public agency upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public
records, in a format that is compatible with the information technology systems of the public
agency.
10. 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.
11. Licenses
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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.
12. 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.
The County's project manager, shall coordinate with the Vendor/ Contractor the return of any surplus
assets, including materials, supplies, and equipment associated with the scope or work.
13. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311.
Violation of this provision may result in one or more of the following consequences: a. Prohibition by the
individual, firm, and/or any employee of the firm from contact with County staff for a specified period of
time; b. Prohibition by the individual and/or firm from doing business with the County for a specified
period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
14. Invoice and Payments
The County's project manager reserves the right to establish any one, or a combination of, these industry
practices for contracts or purchase orders:
Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from
the County to the contractor; and, as a business practice there are no hourly or material invoices
presented, rather, the contractor must perform to the satisfaction of the County's project manager
before payment for the fixed price contract is authorized.
Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by
the contractor's employees and subcontractors to perform the work (number of hours times hourly
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mark up). This methodology is generally used in projects in which it is not possible to accurately
estimate the size of the project, or when it is expected that the project requirements would most likely
change. As a general business practice, these contracts include back-up documentation of costs;
invoices would include number of hours worked and billing rate by position (and not company (or
subcontractor)timekeeping or payroll records), material or equipment invoices, and other
reimbursable documentation for the project.
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor,
materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e. installation
price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and
the number of units received (no contractor inventory or cost verification required).
Payments are made in accordance with the established practices above and Local Government Prompt
Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(c�coilierclerk.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-
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essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or other
fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts,
the County reserves the right to off-set the amount owed to the County by applying the amount owed to
the vendor or contractor for services performed of for materials delivered in association with a contract.
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.
15. Survivability
Bids (ITBs/RFPs): The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that
extends beyond the expiration date of Solicitation 16-6658 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.
16. 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
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of such self- insured retentions or deductibles and provide satisfactory evidence off 7/12/2016 16.A.22.
for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work until
the date of completion and acceptance of the scope of work by the County or as specified in this
solicitation, whichever is longer.
The 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.
17. 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 (OHS) 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 Procurement Services Division with an executed affidavit certifying they shall
comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the
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BidderNendor does not comply with providing both the acceptable E-Verify e) 7/12/2016 16.A.22.
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.gov/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 seq. and regulations relating thereto, as either may be amended and with
the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws
referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and
the County shall have the discretion to unilaterally terminate said agreement immediately.
18. Background Checks
The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks
are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required,
Contractor shall be responsible for the costs of providing background checks by the Collier County
Facilities Management Division 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.
All of Contractor's employees and subcontractors must wear Collier County Government Identification
badges at all times while performing services on County facilities and properties. Contractor ID badges
are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the
Contractor during the time period in which their background check is valid, as discussed below. All
technicians shall have on their shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-
FMOPS(ccolliergov.net) whenever an employee assigned to Collier County separates from their
employment. This notification is critical to ensure the continued security of Collier County facilities and
systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per
incident.
CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will
be coordinated upon award of the contract. If there are additional fees for this process, the vendor is
responsible for all costs.
19. 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 Procurement Services Division and are
available on-line at colliergov.net/purchasing.
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The Vendor will be responsible for obtaining copies of all required manuals, MUTCE 7/12/2016 16.A.22.
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.
20. 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.
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 by the County, 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, unless otherwise
agreed in writing by the Project Manager.
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,
unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and
obtain documentation of the Vendor's cost for time and material projects, and to withhold payments until
documentation is provided.
All County-purchased equipment must be new and of current manufacture in production at the time of bid
opening, and carry industry 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.
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.
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Coitier County
Administrative Services Depart hent 7.-
Procurement Services Division ,„/
i
Attachment 1: Vendor's Non-Response Statement
r'
The sole intent of the Collier County Procurement Services Division 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.
i`
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 Procurement Services Division, 3301 Tamiami Trail:East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):'
Solicitation: 16-6658 —Sand Supply
❑ 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:
r
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Co`iie-r County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the spaces
indicated and return with 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.gov.
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
Procurement Services Division
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: 16-6658 —Sand Supply
• Opening Date: 06/2712016; 3:00PM
14. 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.)
15. If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt).
If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded.
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF
THE COURIER PACKET.
C:pany� ne ::1)
',lif
sigr/t 2 //6
Title
Dare
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Caber C.o nntty�
Administrative Services Department
Procurement Services Dkision
Attachment 3: Vendor Response Form
FROM: I,t1aX r 1-1Ct " .1 f `" Ir
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: 16-6658 —Sand Supply
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 comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to provide the
following.
Line
# Description Price
3 Total Bid Price (Sand Total+ Mileage) $ 1-11 3 9,Sb b. GZ;
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 30 Days fr1 '±
Bid Response Form is electronic. Please input your prices online.
Note: If you choose to bid manually, please 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.
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day 7/12/2016 16.A.22.
2010 in the County of , in the State of
�
Firm's Complete Legal Name 6 �tr \` "`�O-k h=ria-?4F
1
Firm's Dun and Bradstreet O 553x1 q (ra (n,g_e f'tAC' t= c u`"��r (: "
1
Number (DUNS)
(Found at www.dnb.com)
CCR# or CAGE Code
(Found at www.ccr.00v) ��
Florida Certificate of Authority aq L0 02 9
Document Number
(http://www.sunbiz.orq) J �� ate (
Federal Tax Identification t(J
Number , r
l-
�..1 L)p t t�' ( r i 1 o c.1... t00
Address
City, State, Zip
Telephone Number _ t•
FAX Number r" •
Check one of the following: ❑ Sole Proprietorship
❑`Corp or P.A. State of
❑ Limited Partnership
❑ General Part shi
Signature/Title
c, Ir
Type Name of Signature 1\3 I
Date ,.��
****************************************************************************************************
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
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7/12/2016 16.A.22.
Comfier County
Administrative Services Department
Procurement Services Division
Attachment 4: Immigration Law Affidavit Certification
Solicitation#and Title : 16-6658—Sand Supply
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/
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 I Bidder's proposal.
tiCompany Name
Print Name M ty '_ r Title
Date
Signature -�
State of
County of ( "
�
The foregoing instrument was signed and acknowledged before me this "`�a day of 01.
20 , by
i' t`'(lGC.�V r LA 7&,l identification.
who h; -prodIxed
/ ) (Print or Typ,e Name) (Type of Identification And Number)
VtI 'iOVILI/h---
Notpry Public Signature
' A.PE W
Signature-
) Jjr � 1, r,1-a ti/( nlALIRA
Commission#H 977205
I` Expires June 8,2020
Printed Name of Notary Public + Bonded Nu Troy Fill lnsurence80O4254019'
2'6‹ (Di (7/()
Notary Commission Number/Expiation
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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corner County
Administrative Services Department
Procurement Services Division
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 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 rte° "t Ul -e. I-( out.A .
�t C •
(as shown on income tax return)
Business Name
different f c,/'// r tX�)l �t y`,{ }=1 l
Address "City
State , I Zip
t !
Telephone FAX l{' v f -3._ 4RN
Email
Order Information // Remit/Payment Information
Address D� L-a ck -d*t..�\' GW� Addres r%t� 1 � i�)t` t� ( '-4_[yF- .C p
City IVI.I`ri(? �(?f State ( Zip's Ct'('( City ( f State Zip
FAX FAX )lam' 1,74-J 4L 3 t .�,
Email 6 ffliY10 V. 1 9, Lh 11)(��r1�}10.44W1Ojr) Email {:�.X).i' ( 11)i ' Nu2` `t 015 t1
emYi
2. Company Status (check only one)
_Individual/Sole Proprietor Corporation Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c) 3) Enter the tax classification
(D=Disregarded Entity, C= Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
i n n ti
Federal Tax Identification Number(TIN) `5-` 0 co-I-4i Li-n 6
(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
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature // . G"---""`'may ? / '
Date ��
Title ( ,t ) Phone Number'Z.- i,t-9 :s t7
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Collier County
Administrative Services Department
Procurement Services Division
Attachment 6: Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $100,000single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability (Occurrence Form)
patterned after the current $500.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the 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.
4. ❑Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. 0 Other insurance as 0 Watercraft $ Per Occurrence
noted:
0 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
0 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
❑ Project Professional Liability $ Per Occurrence
❑Valuable Papers Insurance $ Per Occurrence
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❑ Employee Dishonesty/ Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
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.
RLC 5/27/2016
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 f
L :`
i , - Date -227
Vendor Signature
j ('y #7 /". f t,
Print Name )� 1 ' �. •• � '3 '
1: 4
Insurance Agency � - E� f (
cam, ,.-': �+`„� t.
''' `1
Agent Name 1 i. _ Telephone Number} ' h ti 4"
•
...�._.
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Exhibit I A:
Supplemental General Grant Terms and Conditions CFDA 97.036
The supplemental conditions contained in this section are intended to cooperate with,to supplement, and to modify the
general conditions and other specifications. In cases of disagreement with any other section of this contract, the
Supplemental Conditions shall govern.
Flow Down of Terms and Conditions from the Grant Agreement
Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed
subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the
subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and
Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work
under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly
report the subcontractor's progress in performing its work under this agreement. For each subcontract, the
Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as
defined in Section 288.703,Fla. Stat.
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Exhibit I A:
Supplemental General Grant Terms and Conditions CFDA 97.036
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
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.
Contract Work Hours and Safety Standards Acts
(1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (1)of this section the contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages.In addition, such contractor and subcontractor shall be liable to the United States(in the case of
work done under contract for the District of Columbia or a territory,to such District or to such territory),for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph (1)of this
section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in
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Exhibit I A:
Supplemental General Grant Terms and Conditions CFDA 97.036
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph(1)of this section.
(3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the
loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,
which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (I)through (4)of this section and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section."
Reporting
The contractor will provide any information required to comply with the grantor agency requirements and regulations
pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County,as
the Federal or State granting agency may require the contractor to provide certain information, documentation,
and other reporting in order to satisfy reporting requirements to the granting agency.
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.
Access to Records
(1)The contractor agrees to provide the County,the FEMA Administrator,the Comptroller General of the United
States, or any of their authorized representatives access to any books, documents,papers,and records of the
Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts,
and transcriptions.
(2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy
excerpts and transcriptions as reasonably needed.
(3)The contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract."
Retention of Records
The contractor agrees to maintain all books,records,accounts and reports required under this contract for a period
of not less than three years after the date of termination or expiration of this contract, except in the event of
litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to
maintain same until the County,the FEMA Administrator,the Comptroller General of the United States, or any
of their duly authorized representatives,have disposed of all such litigation, appeals,claims or exceptions related
to the litigation or settlement of claims."
Clean Air Act and Federal Water Pollution Control Act
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Exhibit I A:
Supplemental General Grant Terms and Conditions CFDA 97.036
(1)The contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the
Clean Air Act,as amended,42 U.S.C. § 7401 et seq.
(2)The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act,as amended, 33 U.S.C. 1251 et seq.
(3)The contractor agrees to report each violation to the County and understands and agrees that the County will,
in turn,report each violation as required to assure notification to the Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Office.
(4)The contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in
whole or in part with Federal assistance provided by FEMA.
Energy Efficiency Standards
The contractor agrees to comply with 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.
Suspension and Debarment
(1)This contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R.pt. 3000.As such the
contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its
affiliates(defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at
2 C.F.R. § 180.935).
(2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3)This certification is a material representation of fact relied upon by the County. If it is later determined that
the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt. 3000, subpart C,in addition to
remedies available to the Florida Department of Emergency Management,the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R.pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.
The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions."
(5)The Contractor's debarment and suspension status will be validated by the County at the System for Award
Management at wi,m.sarn.a0v and the State of Florida at
.s?E'lnor @d .0€pit:/GEES:IECSslor F'.raLiovs/Si<i.c/ z. cacior .n ar atai ort.
Convicted or Discriminatory Vendor Lists
A person or affiliated who has been placed on the convicted vendor list following a conviction for a public entity
crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a
public entity,may not submit a bid on a contract with 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 a public entity, and may not
transact business with any public entity in excess of Category Two for a period of 36 months from the date of being
placed on the convicted vendor list or on the discriminatory vendor list.
Conflict of Interest
This Contract/Work Order is subject to chapter 112,F.S. The vendor shall disclose the name of any officer,director,
employee,or other agent who is also an employee of the State. Grantee shall also disclose the name of any State
employee who owns, directly or indirectly, more than a five percent(5%)interest in the Contractor's company or its
affiliates.
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Exhibit I A:
Supplemental General Grant Terms and Conditions CFDA 97.036
Employment Eligibility Verification
Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires contracts to utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired
by the vendor during the Contract/Work Order term and include in all subcontracts under this Contract/Work Order,
the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-
Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of
the subcontract.
Lobbying
No funds received pursuant to this Agreement may be expended for lobbying the Federal or State Legislature, the
judicial branch,or a federal or state agency.
The bidder or offeror certifies by signing and submitting this bid or proposal, 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 Bidder or Offeror, 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
influencing or attempting to influence 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.
(3) The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements)and that all sub-recipients 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 section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penally of not less than$10,000 and not more than $100,000 for each such failure.
Disadvantaged Businesses Enterprise
Vendors shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.
Vendors shall make a good faith effort to assure that registered disadvantaged business enterprises are used as sources
of supplies,equipment,construction,and services as much as possible. Each vendor shall identify the anticipated level
of participation by DBE's in the project and report its actual DBE participation(if any)." The offeror will be required
to report its DBE participation obtained through race-neutral means throughout the period of performance and required
to convey all changes in anticipated levels of participation to the County in a timely manner. The vendor is required to
pay its DBE subcontractors performing work related to this contract for satisfactory performance of that work no later
than 30 days after the vendor's receipt of payment for that work from Collier County. In addition, the vendor is
required to return any retainage payments to those subcontractors within thirty(30) days after the subcontractor's work
related to this contract is satisfactorily completed. The vendor must promptly notify Collier County, whenever a DBE
subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good
faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The vendor may not
terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior
written consent of Collier County.
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 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. Conflict of Interest
3. Anticipated DBE,M/WBE or VETERAN Participation Statement
4. Contractors Bid Opportunity List
5. Lobbying Certification
6. Drug Free Workplace
7. General Grant Clauses
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
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(l)(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.
Name Project Name
Title Project Number
Firm Tax ID Number
O )'
DUNS Number
a"
Street Address, ity, State,Zip
Signature
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
COLLIER COUNTY
Vendor Submittal—Conflict of Interest Certification
Collier County Solicitation No.
I ` C_ ., SA---€ a'-r-_L-E ,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.
t \ 1 Ci
Name Signature
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.
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that
validates a status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT
S-Le w Cir-k: 1-4� �;:s t r,p1.. �S—�f 'Y�,, ?`?
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y N IS THE ACTIVITY OF THIS CO RACT,
MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y CONSTRUCTION? Y N
(DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED
MBE? Y CONSULTATION? Y N
BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS
ADMINISTRATION? ORA SERVICE DISABLED VETERAN? WBE? Y OTHER? Y N
SDB8A? Y I. N.
IS THIS SUBMISSION A REVISION? Y N ) IF YES,REVISION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
OBE,MBE,WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VET,SMB8A NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
TOTALS:
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMITTER
tcL </ / C.E.o
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEffHONE NUMBER FAX NUMBER
IELP c .� ( 4 I �.
nI J)rt'ws.04 =tee.r,c'O , ,ta.4 v t . � t S1,4I �4-,� $.
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.
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 "r""--0----Th
D.SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COLLIER CONTRACT it(IFB/RFP or PO/RECO GRANT PROGRAM/CONTRACT
ACCEPTED BY: DATE
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
13ILl OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES
AND PROFESSIONAL CONSULTANT SERVICES
A is to policy of collier County that disad v'ontaaed businesses and minority vendors,as defined in to Code of Federal Regulations(CFR)or
Fiorida Statutes t FAi,must have the Oooavtunity to DQR!cioate on contracts with federal and/or state anant assistance.
Prime Contractor/Prime Consultant: w 0,...r 114 a.:' 41.Oil S I iti....
aS-7S- -- --C)p1 1- HGLr-IL-----D.t— --4=-I!vc
Address and Phone Number: J O i -r '-"t r y (— `"A'S t
Procurement Number/'.`stfiertisemertt Number: Il La` �^ u
The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The list must
ind ude the firm bidding or quoting as prime,as well as subs and supp'.iers quoting for participation. Prime contractors and consultants must
provide information for Numbers 1,2,3,and»;and,should provide any information they have for Numbers 5,6,7,and S.This form must
be submitted with the bid package_
1. Federal Tax Number: b'''-:;)."—(.,,,!'"';':,441::-.4.;,151:A 6. DEE S. Annual Gross Receipts
2. Firm Name: `"�; r,tA„3' r-t \: ABY `f-j..;a G Eli X Non-DBE Less than 51 million
3. Phone Number: ni` 4—I —e,fi: 't`( Between 51-5 million
A.Addressrr� ,7 U p lir P -t5r i I CC) Between S 5-10 million
L),y t'z; ,y' 'C=I ...:meq-`-;r Subcontractor Between 5.10-15 million
- Subcansu:ant More than 5 1.5 million
5. Year Firm Established: t t-1-- ,D
1. Federal Tax ID Number: 6. DEE 5. a� nnual Gross Receipts
2. Firm Name:. - Non-DEE Less than S 1 million
3. Phone Number: _Between 5 1-3 million
4. Address —.Between$3-10 million
?.ESubcontractor Between 5 10-15 million
Suxcruuaant More than 5 15 mi lion
5.Year Firm Established:
1. Federal Tax ID Number: 6._ DEE S. Annual Gross Receipts
2. Firm Name: Nen-DBE Less than 5 1.million
3.Phone Number: Bet een 51-5 niillioon
4. Address ^-`
Between 5 5-10 million
7. Subcontractor Between 5 10-15 million
SubconsuitantMore than 5 15 million
5. Year Firm Established:
1. Federal Tax ID Number: 6.EDEE u. Annual Gross Receipts
2. Firm Name: Non-DBE Less than 51 million
—
3. Phone Number: Between 51-5 m ilicri
A. Address Between 5 5-10 million
a contraGar —.Bet leen 5 10-15 million
Subccn:-ultnt More than 515million
5.Year Firm Established:
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
COLLIER COUNTY
Certification Regarding Lobbying
The undersigned `j`iii riga"" ' � z ° ' � l' s (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.]
I
The Vendor/Contractor, - !'U.X3 t 1 t t� t\O l i f\f , 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.
° C Title 0
M ( �.L.. .:`�-�,I�Jr.'�.�'± ��� Name of Authorized Official
Signature of Vendor/Contractor's Authorized Official
Date
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
COLLIER COUNTY
Certification Regarding Drug-Free Workplace Requirements
The grantee certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,
possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about—(1) The dangers
of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs,and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the
statement required by paragraph(a);
(d) Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under
the grant,the employee will—
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no
later than five days after each conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or
otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions,within 30 days of receiving notice under subparagraph
(d)(2),with respect to any employee who is so convicted—
(1) Taking appropriate personnel action against such an employee,up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a Federal, State,or local health, law enforcement,or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs(a),(b),(c),(d),(e)and(f).
Certifying O 'or a e Title
r �
Signature Dat
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Exhibit I B:
Supplemental General Grant Terms and Conditions CFDA 97.036
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.
Certification
On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements
identified in this solicitation document(s).
' if ,r f .ck, ` 1 r,.,, Date c„--
Vendor/Contractor Name .- '.-�.t�!�` �� ' `"
Authorized Signature
Address c:c ( .,t tip'(dt`Er`- " k i:,_ f r
Solicitation/Contract b ``,
02/15 R3
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Exhibit V: Technical Specifications
COLLIER COUNTY,FLORIDA— __.
_UPLAND SAND SOURCING
MAY 2016
TECHNICAL SPECIFICATIONS
J. ' :tF
COLLIER COUNTY COASTAL ZONE MANAGEMENT DEPARTMENT
Collier County Government
2800 North Horseshoe Drive
Naples,FL 34104
Design Professional:
CB&I ENVIRONMENTAL & INFRASTRUCTURE,INC.
2481 NW Boca Raton Blvd.
Boca Raton,FL 33431
(561)391-8102
STEPHEN KEEHN, P.E.NO.34857
DATE
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COLLIER COUNTY,FLORIDA
UPLAND SAND SOURCING
May 2016
TECHNICAL SPECIFICATIONS
PART I. INTRODUCTION
1. PROJECT DESCRIPTION TP-1
2. PROJECT MANAGER, DESIGN CONSULTANT AND CONTRACTOR TP-2
3. SCOPE TP-3
4. BID COMPARISON TP-4
5. SUBMITTALS AND NOTIFICATIONS SUMMARY TP-4
6. PROTECTION OF PROPERTY. WORK AND PERSONS TP-5
7. MAINTENANCE OF TRAFFIC AND PUBLIC SAFETY TP-5
PART II. PAYMENT STANDARDS
8. PROVIDE BEACH COMPATIBLE SAND(PIT PRICE) TP-5
9. SAND ANALYSIS TP-6
10. RETAINAGE TP-6
11. RIGHT TO REFUSE RECOMMENDATION FOR PAYMENT TP-6
12. FINAL ACCEPTANCE AND PAYMENT TP-6
PART III. QUALITY CONTROL AND OPERATIONS
13. SUPPLIER QUALITY CONTROL TP-8
14. QUALITY CONTROL REPORTING TP-9
15. DESIGN PROFESSIONAL TP-9
16. NIGHTTIME OPERATIONS TP-10
17. CONSTRUCTION PLANS AND CONTRACT DOCUMENTS TP-1 I
PART IV. MATERIALS
18. CHARACTER OF MATERIAL TP-12
PART V. ENVIRONMENTAL PROTECTION
19. SCOPE TP-15
20. QUALITY CONTROL TP-16
21. PERMITS AND BIOLOGICAL OPINIONS TP-16
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22. SUBCONTRACTORS TP-16
23. NOTIFICATION TP-17
24. NOISE CONTROL TP-17
LIST OF TABLES
TABLE 1 SUMMARY OF ACCEPTABLE UPLAND SAND QUALITY TP-12
Table 2. QA/QC GEOTECHNICAL COMPLIANCE LIMITS TP-13
LIST OF FIGURES
FIGURE 1 LOCATION MAP TP-2
FIGURE 2 PANTHER FOCUS AREAS AND TRUCK ROUTES TP-1 1
LIST OF APPENDICES
1 Permit Matrix
II QA/QC Plan for Upland Sand Source
III Florida Department of Environmental Protection (FDEP) Permit
IV U.S. Army Corps of Engineers (USACE) Permit
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COLLIER COUNTY,FLORIDA
UPLAND SAND SOURCING
TECHNICAL SPECIFICATIONS
PART I. INTRODUCTION
1. PROJECT DESCRIPTION.
Collier County is seeking a vendor for a 5-year sand supply of beach compatible sand for use to
renourish County beaches. In order to perform maintenance renourishment projects of the
County's beaches it is expected that approximately 75,000 tons/year (-50,000 cy/year) will be
needed for the next five (5) years. The intended plan is to perform annual or bi-annual (every
other year)truck haul renourishments with sand being purchased by the County directly from the
supplying sand mine. A separate contractor will be selected by the County for pick-up, delivery
and placement of fill material for each maintenance project. This approach will be advantageous
to the County by ensuring that material is available and ready to meet their project needs.
The County currently has three permit approved upland sand sources: Stewart's lmmokalee
mine. Vulcan's Witherspoon mine, and CEMEX's Lake Wales mine. It is assumed that the sand
will have up to an 8% moisture content, leading to a relationship of 1.5 tons/cubic yards for sand
delivery from the pit. The supplied sand must meet the requirements of the County's existing 15-
year Beach Nourishment permits as well as the County's technical sand specifications described
in detail below.
Historically Collier County performs an annual re-nourishment project to one or more of its
beaches. The physical beach surveys conducted in January/February 2016 indicated that the
Vanderbilt Beach, Park Shore Beach and parts of the Pelican Bay Beach need re-nourishment in
2016. The beach width measurements and three years of advanced re-nourishment placement
was included in the calculations and indicate these beaches will require the following:
• Vanderbilt Beach (R22-R30)—Approximately 30,000 CY (cubic yards) of renourishment;
• Park Shore Beach (R44-R53) - Approximately 25,000 CY of renourishment;
• Pelican Bay Beach- Approximately 34,000 CY of renourishment.
The first year's quantity may be up to 90,000 cy (135,000 tons). The routes to each beach are
illustrated in Figure 1 below:
Sand supply contract for supply of approximately 75,000 tons/yr (50,000 CY's per year) for a
total placement over a 5 year period of 375,000 tons (250,000 CY). The supply contract will be
awarded based on "At-Beach" pricing utilizing a mine price per ton plus a specified
transportation price of $.20 per ton per one way haul miles. The average mean grain size of
0.33mm is desired, and a range is provided in Part IV of this document.
Sand Supply Time: The key milestones are summarized below. The beaches will be evaluated
based on annual monitoring surveys conducted in January and February to determine the
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maintenance needs and timing for the year. The County will coordinate with the supplier as early
as practical to indicate specific construction quantities. It is anticipated that this sand supply
contract will enable the upland mine to have beach compatible sand stockpiled and prevent
future projects from being delayed due to the SUPPLIER'S need to produce sand. The results of
the annual survey including sand quantity needed for that year will be ready each spring. This
information will be provide to the vender when available. This will be followed by a purchase
order. The vendor will have the summer and early fall to stock pile the sand. Commencement of
truck haul will begin starting at the end of sea turtle nesting season, on November 1 or later. The
goal is to complete beach construction before the start of the New Year, although there may
occasionally be times when construction will extending into the New Year.
BON ITA BEACH RD
i
FA
2
" 511,-1 A.,
177TH •
._ IMMOKALEE RD
}}
Vande^tIl ,,,,I & ! ,
4,1 VAHDERBILT BEACH RO
IQ t
��
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PINE RIDGE RD'.
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I
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r----
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Napless„' DAVIS BLVD m w
x v
.
Figure 1. Project Reaches and Truck Routes with in the Collier County
2. PROJECT MANAGER,DESIGN CONSULTANT AND CONTRACTOR.
The term SUPPLIER is used in lieu of SUCCESSFUL BIDDER in this Exhibit. The DESIGN
PROFESSIONAL will be subordinate to the COUNTY's PROJECT MANAGER, and the
authority of the PROJECT MANAGER described in the General Terms and Conditions will not
be diminished by any statement in this Exhibit. COUNTY INSPECTORS will assist the
PROJECT MANAGER. The DESIGN PROFESSIONAL will refer decisions to the PROJECT
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MANAGER when appropriate. In the absence of the DESIGN PROFESSIONAL, all submittals
will be provided to the PROJECT MANAGER or submitted by e-mail to both. The Term
CONTRACTOR refers to the trucking and construction contractor who delivers the sand to the
beach and grades the beach.
3. SCOPE.
The SUPPLIER shall provide the storage space, labor, equipment, supplies, laboratory analysis
and materials to perform all operations in connection with producing, testing, stockpiling and
accountability of beach compatible sand picked up by the designated contractor. The COUNTY
is prepared to pay for the fill material (tons) supplied to the beach not to exceed the purchase
order quantity.
In preparation for construction, the COUNTY PROJECT MANAGER will provide a project
quantity and issue a purchase order to the SUPPLIER. The SUPPLIER will not be paid for any
material in excess of this quantity(tons), unless a written change order is prepared and approved
by the COUNTY. The SUPPLIER will attend a pre-construction meeting prior to each beach
construction event occurring during the duration of this contract.
During trucking operations, the SUPPLIER shall assemble the weight tickets and the
geotechnical reports at the sand pit, and provide them on a daily basis to the PROJECT
MANAGER'S team. Laboratory reports may take up to seven days to complete. This collection
shall also include the mine's daily record of sand provided to each truck with the truck's identity.
The tickets will be organized so that they can be reconciled with the tickets collected from each
truck at the beach delivery site. The SUPPLIER shall provide the above material to the
PROJECT MANAGER by 1 PM the next day. The SUPPLIER will propose how this
accountability task will reconcile daily deliveries between the mine and the beach in conjunction
with the County's inspectors. During the production phase (before trucking) documents and
production figures will be provided weekly to the DESIGN PROFESSIONAL and the PROJECT
MANAGER. Each set of documents shall report on the amount of sand stockpiled and ready for
shipment.
As part of the bidding process, the bidders shall provide a work plan that describes the operation
and its management from production to shipment of the fill material. Emphasis should be placed
on documenting sand quality and ensuring no cross contamination with other products stock
piled at the mine. The plan shall describe the mine's means of producing the needed sand
quantities in the time available. The plan shall address sand sources, capacity and productivity,
quality control, accountability of volumes stockpiled and the bidders experience with similar
projects. The work plan shall be submitted with the bid.
The quality of the SUPPLIER'S material will be observed and inspected at the beach. Material
rejected at the beach will be the SUPPLIER'S responsibility, and that truck delivery will be
rejected for payment based on the weight ticket and/or truck identification recorded from the
stockpile area.
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4. BID COMPARISON.
Collier County seeks to get high quality beach compatible material to Collier County beaches at
a competitive price. To perform bid price comparisons, the transport distance from the mine to
the beach will be factored in. The shortest driving distance along allowable truck routes will be
calculated from the mine to Lowdermilk Park at the corner of Banyan Road and North Gulf
Shore Bldv. (1301 Gulfshore Blvd.), Naples, FL 34102 in Collier County using Google maps or
other uniform method determined acceptable by the County. A unit cost of$0.20/ton/mile will be
added to the unit cost of sand supply (from the bid sheet) to come up with an adjusted unit price
based on distance. This adjusted unit price will be used for comparison purposes only and does
not affect the purchase price of the sand between the SUPPLIER and the COUNTY.
4. SUBMITTALS AND NOTIFICATIONS SUMMARY.
The SUPPLIER shall provide the following list of submittals and notifications to the DESIGN
PROFESSIONAL or COUNTY INSPECTOR:
4.1 Quality Control Reports. The CONTRACTOR shall provide a daily quality
control set of documents of the progress of the Work as described above.
4.2 Unsuitable Material. Collier County will provide daily inspections and take
samples from trucks at the mine and/or at the beach. The SUPPLIER shall notify the
DESIGN PROFESSIONAL of the discovery of any unsuitable material during the
shipment of purchased sand.
4.3 Quality Control Plan
4.4 Contact List
4.5 List of Subcontractors
4.6 Name and Qualifications of Laboratory Technicians
4.7 Order of Work and Project Schedule. The SUPPLIER shall submit a written
order of Work and project schedule to the DESIGN PROFESSIONAL and COUNTY.
4.8 Application for Progress Payment
4.9 Application for Final Payment
4.10 Other Submittals. The Contract documents may require other submittals.
5. STATE AND FEDERAL PERMITS,EASEMENTS AND LICENSES.
The PROJECT MANAGER will obtain the Florida Department of Environmental Protection
(FDEP) permit and the U.S. Army Corps of Engineers (USACE) permit for placing material on
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County beaches. Any other permits, licenses or approvals required for the excavation and supply
of sand shall be secured and paid for by the SUPPLIER. The SUPPLIER will be responsible for
those permit requirements that apply to the mine area, including laboratory testing. The
CONTRACTOR will be responsible for the requirements outside the mine area: transportation to
the disposal area and beach placement activities.
6. PROTECTION OF PROPERTY,WORK AND PERSONS.
6.1 Protection of Persons. The SUPPLIER shall be accountable for any damages
resulting from its operation during the performance of this Contract. The SUPPLIER
shall be fully responsible for the protection and safety of all persons including members
of the public, employees of the OWNER,the DESIGN PROFESSIONAL and of all other
contractors or subcontractors in the mine area.
6.2 Weather Events and Other Risks. All loss or damage arising out of the nature
of the Work, or from the action of the elements, or from weather events, hurricanes,
tropical storms, or from any unusual obstruction or difficulty, or any other natural or
existing circumstances either known or unforeseen, that may be encountered in the
prosecution of the Work, shall be sustained and borne by the SUPPLIER at its own cost
and expense. The SUPPLIER will not be responsible for actions taken by the
CONTRACTOR or COUNTY outside the mine area.
6.3 No Claim Against OWNER or DESIGN PROFESSIONAL. The SUPPLIER
shall have no claim against the OWNER, PROJECT MANAGER or DESIGN
PROFESSIONAL because of any damage or loss to the Work or SUPPLIER'S materials,
equipment or supplies, including no claim for loss or damage due to simultaneous work
by others.
7. MAINTENANCE OF TRAFFIC AND PUBLIC SAFETY.
The SUPPLIER and mine operator shall assist the CONTRACTOR with safe ingress and egress
from the mine to the public highway.
PART II. PAYMENT STANDARDS
8. PROVIDE BEACH COMPATIBLE SAND (PIT PRICE).
All costs associated with supplying beach compatible sand from an upland source that meets the
technical specifications shall be included in the unit cost for "sand supple". This includes all
laboratory testing of sand as described in the upland sand source QA/QC plan at the pit.This also
includes stockpiling at the mine, loading the trucks and weighing the load for payment. The
SUPPLIER will provide the PROJECT MANAGER copies of weight tickets and daily tonnage
summaries created by the sand supplier, and will assist with the daily reconciliation with the
beach site. All costs associated with hauling the beach fill and beach placement will be the
trucking CONTRACTOR's responsibility.
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9. SAND ANALYSIS.
Laboratory analysis of sand samples at the mine will be paid for under this sand supply contract.
A complete analysis will include a grain size distribution curve and granularmetric report
including the Munsell color description of the dry sand. The price of testing production samples
required at the mine are to be included in the unit price for"sand supply".
10. RETAINAGE.
A retainage of 10% of the payment application amount shall be withheld from each payment for
sand supply. Upon final acceptance and satisfaction of all requirements of the Contract
Documents, the withheld retainage shall be included in the final payment. The COUNTY will
consider a reduction in retainage request from the SUPPLIER for those segments of the project
as they are completed and accepted.
11. RIGHT TO REFUSE RECOMMENDATION FOR PAYMENT.
The DESIGN PROFESSIONAL may refuse to recommend the whole or any part of any payment
if, in his opinion, such representations to the PROJECT MANAGER would be inaccurate. The
DESIGN PROFESSIONAL may also refuse to recommend any payment because of
subsequently discovered evidence or the results of subsequent observations, measurements or
tests, or nullify any such payment previously recommended to such extent as may be necessary
in the DESIGN PROFESSIONAL's opinion to protect the PROJECT MANAGER from loss
because:
11.1 Written claims have been made against PROJECT MANAGER, COUNTY or
liens have been filed in connection with the Work;
11.2 The Contract price has been reduced because of modifications;
11.3 The PROJECT MANAGER has been required to replace defective supplies or
complete the Work;
11.4 The SUPPLIER has not delivered the material in accordance with the Contract
Documents;
11.5 The SUPPLIER has failed to make payment to subcontractors, for labor,
materials, or equipment.
11.6 The SUPPLIER is claiming additional fill volume for payment beyond that
measured and calculated using the procedure established in the Contract Documents for
weighing sand.
11.7 The SUPPLIER is claiming additional payment for any reason not previously
agreed to by the PROJECT MANAGER.
12. FINAL ACCEPTANCE AND PAYMENT.
12.1 DESIGN PROFESSIONAL's Recommendation for Final Payment. The
DESIGN PROFESSIONAL's recommendation of final payment for the project will
constitute a representation by the DESIGN PROFESSIONAL to the PROJECT
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MANAGER that, in the DESIGN PROFESSIONAL'S opinion, the conditions precedent
to the SUPPLIER'S being entitled to final payment as set forth in the Contract
Documents have been fulfilled. The sand has been supplied and accounted for, and the
required geotechnical laboratory tests have been completed and the results provided to
the DESIGN PROFESSIONAL and PROJECT MANAGER.
12.2 SUPPLIER'S Obligation to Complete Work. The SUPPLIER'S obligation to
deliver the material in accordance with the Contract Documents shall be absolute. Neither
recommendation of any payment by the DESIGN PROFESSIONAL, nor the issuance of
any statement or certificate of completion or substantial completion, nor any payment by
the PROJECT MANAGER to the SUPPLIER under the Contract Documents, nor any use
the material of any part thereof by the PROJECT MANAGER, nor any act of acceptance
by the DESIGN PROFESSIONAL nor any failure to do so, nor the issuance of a notice
of acceptability by the DESIGN PROFESSIONAL, nor any correction of defective
material by the PROJECT MANAGER shall constitute an acceptance of Work not in
accordance with the Contract Documents or a release of the SUPPLIER'S obligation to
perform the Work in accordance with the Contract Documents.
12.3 Making and Acceptance of Final Payment. The making and acceptance of final
payment shall constitute:
12.3.1. A waiver of all claims by the COUNTY against the SUPPLIER, except
claims arising from unsettled liens, from defective material appearing after project
completion, or from failure to comply with the Contract Documents or the terms
of any guarantees specified therein; however, final payment shall not constitute a
waiver by the COUNTY of any rights in respect to the SUPPLIER'S continuing
obligations under the Contract Documents.
12.3.2 A waiver of all claims by the SUPPLIER against the COUNTY other than
those previously made in writing and still unsettled.
12.4 One Year Correction Period. If within one (1) year after the date of completion
or such longer period of time as may be prescribed by law or by the terms of any
applicable guarantee required by the Contract Documents or by any specific provision of
the Contract Documents, any material is found to be defective, the SUPPLIER shall
promptly, without cost to the COUNTY and in accordance with the COUNTY's written
instructions, either correct such defective material or, if it has been rejected by the
COUNTY, remove it from the site and replace it with non-defective material. If the
SUPPLIER does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk or loss or damage, the COUNTY may
have the defective material corrected or the rejected material removed and replaced, and
all direct and indirect costs of such removal and replacement, including compensation for
additional professional services, shall be paid by the SUPPLIER. This does not apply to
natural erosion of the beach.
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PART III. QUALITY CONTROL AND OPERATIONS
13. SUPPLIER QUALITY CONTROL.
13.1 The SUPPLIER is responsible for quality control and shall provide and maintain
an effective quality control program.
13.2 The SUPPLIER shall establish a quality control system to perform sufficient
inspections and tests of all items of Work, including that of his subcontractors, and to
insure conformance to applicable provisions of the Contract Documents and Plans with
respect to the materials, workmanship, construction, finish, and functional performance
and prevention of damages to natural resources, structures, and infrastructure. This
control will be established for all construction except where the Technical Provisions of
the Contract provide for specific PROJECT MANAGER or DESIGN PROFESSIONAL
control by observation, tests or other means. The SUPPLIER'S control system will
specifically include the surveillance and tests required in the Technical Provisions.
13.3 The SUPPLIER'S quality control system is the means by which the SUPPLIER is
assured that the material complies with the requirements of the Contract Documents,
including all project permits. The controls shall be adequate to cover all construction
operations and shall be keyed to the proposed construction sequence.
13.4 The SUPPLIER'S job supervisory staff may be used for quality control,
supplemented as necessary by additional personnel for surveillance, by special
technicians, or by testing facilities with the expertise to provide for the controls required
by the Technical Provisions.
13.5 The SUPPLIER shall furnish to the PROJECT MANAGER and DESIGN
PROFESSIONAL at least four (4) days prior to start of construction, a written quality
control plan that shall include the procedures. instructions, and reports to be used. A pre-
production meeting will be held with the County. Unless specifically authorized by the
DESIGN PROFESSIONAL, no processing and stockpiling will be started until the
DESIGN PROFESSIONAL or PROJECT MANAGER approves the SUPPLIER'S
quality control plan. An updated plan will be provided annually during the contract
period. The mines existing plans may suffice for this contract.
This document will include as a minimum:
13.5.1 The quality control organization.
13.52 The number and qualifications of personnel to be used for this purpose.
13.5.3 Authority and responsibility of quality control personnel.
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13.5.4 Methods of quality control including that for subcontractor's work. The
methods shall include items to be inspected, types of inspections, duties of
personnel, and methods the SUPPLIER proposes to use to assure quality
Work.
13.5.5 Method of documenting quality control operations, inspection and testing.
13.5.6 Written instructions to the SUPPLIER'S representative responsible for
quality control outlining his duties and responsibilities and signed by a
responsible officer of the firm.
13.6 No separate payment will be made for SUPPLIER quality control.
13.7 The SUPPLIER shall be responsible for making such inspections, surveys and
tests as may be necessary to assure compliance with all the requirements of the Contract
Documents and applicable permits. Reports of all inspections, surveys and tests and
remedial actions shall be submitted to the DESIGN PROFESSIONAL in writing.
13.8 The DESIGN PROFESSIONAL reserves the right to utilize the SUPPLIER'S
control testing laboratory, survey and other equipment to make spot tests and surveys,
and to check the SUPPLIER'S testing and survey procedures, techniques, and results
(where applicable).
13.9 The SUPPLIER'S QC program shall focus particular attention on sand quality
and productivity.
14. QUALITY CONTROL REPORTING.
Quality Control Documents including all Quality Control Documents and copies shall be
furnished to the DESIGN PROFESSIONAL and PROJECT MANAGER by 1:00 PM on a daily
basis from the first day of production to the last day of shipment without exception. During
production prior to trucking, these document will be submitted weekly. The DESIGN
PROFESSIONAL and PROJECT MANAGER shall be notified of any extended periods of
downtime (ie: break in activity between production and shipment of project material). In such
cases, requirements for daily reporting may be suspended upon approval by the COUNTY
PROJECT MANAGER. The reports shall include sieve analysis results, weight tickets, a
summary of the amount of sand supplied each day and explanations of any downtime or
instructions received.
15. DESIGN PROFESSIONAL.
15.1 Technical Issues. It is agreed by the parties hereto that the DESIGN
PROFESSIONAL in consultation with the PROJECT MANAGER shall decide all
technical issues of whatever nature that may arise relative to the interpretation of the
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technical portions of the Contract Documents, the Plans, surveys and volume/weight
measurements, and prosecution and fulfillment of this Contract, and as to the character,
quality, amount and value of any Work done and materials furnished under this Contract.
15.2 DESIGN PROFESSIONAL and PROJECT MANAGER Access to the Mine.
The DESIGN PROFESSIONAL and PROJECT MANAGER shall have unlimited access
to the mine (including all stockpile areas, loading areas and weight stations). The
PROJECT MANAGER and DESIGN PROFESSIONAL or representative is to have free
access to the materials at all times The presence or absence of the DESIGN
PROFESSIONAL or INSPECTOR shall not relieve the SUPPLIER of responsibility for
the proper execution of the Work in accordance with the specifications. The SUPPLIER
shall provide an onsite work area for the DESIGN PROFESSIONAL, PROJECT
MANAGER or representative at the mine. The work area shall consist of desk, chair, and
access to telephone service under cover within the SUPPLIER'S office. Should the
SUPPLIER refuse, or delay compliance with these requirements, a workspace may be
furnished and maintained by the DESIGN PROFESSIONAL, and the cost of providing
these services will be deducted from any amount due or to become due to the SUPPLIER.
15.3 COUNTY INSPECTORS. Wherever the term DESIGN PROFESSIONAL is
used in this document, it will also refer to the COUNTY INSPECTOR.
16. NIGHTTIME OPERATIONS.
Nighttime is defined as the period of time from sunset to sunrise. To minimize noise, so as not
to disturb residents living along the beach in the project area, the CONTRACTOR's truck haul
operations can only occur from sunrise to sunset Monday through Friday. No nighttime or
weekend construction activities are permitted. If essential.the COUNTY may consider Saturday
operations, but these will only be permitted through written permission from the COUNTY.
Operations by the SUPPLIER within the mine area should be governed by local custom, permits
and laws.
In order to be compliant with the U.S. Fish and Wildlife Service's(FW S) concurrence for the
Florida panther,the permittee (CONTRACTOR) shall restrict all truck traffic (loaded or
unloaded) to daylight hours for all sections of road within a panther focus area(see Figure 2).
Operations within the mine area are not specifically restricted by this document, other than how
truck haul operations are restricted.
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highlighted 1-75,SR-29 or Alico/Corkscrew Route =Allowable Primary Zone
li 2 Coordinates are in feet based on the Florida State Truck Route Secondary Zone
Plane Coordinate System,East Zone,North American Dispersal Zone
Datum of 1983(NAD 83). Primary
r 3 Background imagery is the SSRI Streets basemap Dispersal/Expansion Area
4.Panther Focus Areas provided by U.S.FWS April 2016.
Dispersal Pathways
FIGURE 2.Panther Focus Areas
17. CONSTRUCTION PLANS AND CONTRACT DOCUMENTS.
A minimum of one (1) complete set of Contract Documents (with permits) shall be kept in the
mine field office. The PROJECT MANAGER will provide the SUPPLIER with a reproducible
set of documents.
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PART IV. MATERIALS
18. CHARACTER OF MATERIAL.
The quality of the material proposed for the project will be considered in selecting the
SUPPLIER for this project. The material must come from a mine identified in the County's 15-
year Beach Nourishment Permits (FDEP Permit No. 0331817-001-JC and USACE Permit No.
SAJ-2003-12405 (SP-MMB)). Currently, the Stewart ImmokaIee, Vulcan Witherspoon and
CEMEX Lakes Wales Mines are permitted. Other mines may be considered, but cannot be
selected without a permit modification that specifically names the mine. All costs associated with
securing a permit modification will be the responsibility of the SUPPLIER.
The quality standard and required submittals are described in this section and Appendix II. The
sand quality shall not vary from the sand presented at bidding or contract negotiations. The
permit conditions differ from the contract conditions for the quality of sand. Permit standards
cannot be exceeded in any single sample, but contract standards will be averaged to determine
contract compliance.
18.1 Contract Quality Characteristics of Fill Material. All fill material must meet the
quality requirements of these specifications and Appendix II Sediment Quality
Control/Quality Assurance for Upland Sand Sources. To be permit compliant, no
singular sample may exceed any parameter of the specifications listed in the
FDEP QA/QC Plan. To qualify for payment, the composite fill material must
satisfy the following criteria:
1. The Mean Grain Size shall be between 0.32 mm and 0.38 mm, with an
average of 0.33mm desired.
2. The silt content(passing#230/0.0625 mm sieve) shall be no more than 0.8%.
3. The sorting shall be no more than 1.0 phi.
4. The Munsell color value of the dry sand shall have an average value of 7 or
above,with 8 being most desirable.
5. The moisture content at the time of shipment must be less than 8%.
6. The fill material must be free of debris, sharp rocks, pebbles, concrete rubble,
peat, clay and be very well drained or dry on delivery.
Table 1. Summary of Project Sand Quality Specifications
Mean Munsell
Percent *Moisture
Source Product Grain Sorting Color
Fines Content
Size Value
Stewart Immokalee, Beach -
Vulcan Witherspoon Quality 0.32 <1.Ophi 0.8% 7 or <8%
or CEMEX Lake Sand 0.38mm lighter
Wales mines
* Not Greater Than.
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18.2 The State has developed a QA/QC plan for upland sand (Appendix II)that applies
to this project. This plan must be applied to maintain the quality of the upland sand and
extensive testing is an integral part of the plan.
Table 2. QA/QC Geotechnical Compliance Limits(these permit limits may differ from
contract limits)
Sediment Parameter Parameter Definition Compliance Value
Max. Silt Content passing#230 sieve 3%
Max.Shell Content* retained on#4 sieve 1%
Munsell Color Value moist Value(chroma= 1) 7 or lighter
Mean Grain Size Range Mean calculated by moment .30mm-.50mm
method
The beach fill material shall not contain construction debris,toxic material,or other foreign
matter.
*Shell Content is used as the indicator of fine gravel content for the implementation of quality
control/quality assurance procedures.
18.3 Submittals. Bidders shall submit the following samples and documents with
their bids:
1. One U.S. pint (at least 200 grams) sample of the sand being proposed for
the project.
2. Gradation analysis report containing the Mean Grain Size, Silt Content
and Phi sorting(Standard Deviation)of the submitted sample.
3. The dry Munsell characteristics (color value, chroma, hue) of the sand.
4. Other characteristics of the material, including the percentage of carbonate
and the exclusion of clay, peat, debris, and larger stones.
5. A recent certified quality control and laboratory report on the product or
pit proposed for this project.
The submission of an unacceptable sand sample can be grounds for bid disqualification.
The submitted sample must be consistent with the laboratory results submitted by the
SUPPLIER. The submitted sand sample and documents shall be considered the
contractor's certification of the material to be provided. The COUNTY may conduct its
own laboratory analysis of the submitted sample.
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18.4 Sand Quality Control. During production and prior to transport of sand from an
upland sand source, the SAND SUPPLIER shall sample and perform quality control
gradation testing to assure that the sand being stockpiled meets the technical
specifications. The results shall be provided to the COUNTY prior to the start of
construction and on a daily basis during construction. Sieve and carbonate analyses are
to be conducted as described in the QA/QC Plan (Appendix II) and to be certified by a
Professional Geologist (PG) or Professional Engineer (PE) licensed in the state of
Florida.
Durinn Production at the Mine:
Sieve analysis— 1 sample/4,500 tons(1 sample/3,000 cy)
Carbonate content— 1 sample/9,000 tons (1 sample/6,000 cy)
Up to 5 Random samples selected by the DESIGN PROFESSIONAL will
be analyzed.
During construction to ensure that the proper material is being delivered to the job site,
the County INSPECTOR, with the assistance of the CONTRACTOR, will take and
visually assess a sand sample from each truck delivery at the site. Any and all materials
that do not meet the size and color requirements shall be rejected under the
CONTRACTOR's quality control program. The CONTRACTOR and SUPPLIER will
not receive payment for any material which is brought to the site but rejected due to
inconsistency with the requirements of the quality standards. Additionally, the
CONTRACTOR will be required to dispose of the deficient material at the expense of the
CONTRACTOR. Additional sampling will occur at the beach, but will be analyzed by
the CONTRACTOR.
18.5 Grain Size Testing and Reporting. The SUPPLIER shall report the Mean Grain
Size, the Phi Standard Deviation (sorting value), and silt content of the proposed sand
source(s) to the DESIGN PROFESSIONAL prior to commencing work on the project
and for each quality control test during construction. Laboratory sieving of sand shall
provide the data for calculation of the Mean Grain Size, Phi Standard Deviation and silt
content. Carbonate testing is required with the initial sample from the sand source, with
the sample accompanying the bid form, and production/construction samples as stated in
the QA/QC Plan. The SUPPLIER will conduct all tests and measurements in a
laboratory proposed by the SUPPLIER in his proposal and approved by the DESIGN
PROFESSIONAL. Procedures for this situation will be included in the SUPPLIER'S
quality control plan for review and approval. Laboratory results are due within a week of
collection.
The grain size distribution information should be based upon ASTM-D422, using
standard sieves of square mesh woven wire cloth separated at 0.50 intervals (-4.00 to
4.00, and also the No. 200 sieve and No. 230 sieve). A tabulation of the laboratory
results of the cumulative percent retained on each sieve by weight shall be provided with
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each gradation curve. Samples shall be numbered consecutively. Alternate methods of
sieve analysis using standard DOT sieves and methods can be proposed and used with
approval of the COUNTY, but are less desirable.
The mean grain size of each sand sample shall be calculated by use of the moment
method utilizing the sieves listed in the QA/QC Plan. The Average Mean Grain Size
refers to the average of the Mean Grain Sizes calculated for all individual samples
required for analysis.
18.6 Munsell Color. Munsell Color will be determined by using one of the published
Munsell Color Soil Charts.
18.7 Consistency of Material. The DESIGN PROFESSIONAL or COUNTY may
identify additional samples at the mine for testing. If the DESIGN PROFESSIONAL
believes that the fill material does not comply with the above standards or the quality
proposed by the SUPPLIER, the DESIGN PROFESSIONAL may request the SUPPLIER
to analyze the grain size distribution (mean and sorting) of a random sample collected by
the DESIGN PROFESSIONAL. If any of the samples fails to meet the approved criteria,
the DESIGN PROFESSIONAL will select a second sample from within the same
stockpile. If the second sample fails:
I. The DESIGN PROFESSIONAL may direct the SUPPLIER to remove and
replace the unsatisfactory material at the SUPPLIER'S expense.
2. The SUPPLIER shall, at a minimum, supply material from an alternative
stockpile at the sand source, with certification from the sand supplier that the
material is in compliance with the quality criteria. If the certification or
quality on the new material is inadequate as judged by the DESIGN
PROFESSIONAL, then the DESIGN PROFESSIONAL may require the
SUPPLIER to contract with another permitted sand supplier in order to
provide material consistent with the project quality criteria. Such changes will
involve no additional costs to the COUNTY.
All samples from the mine site shall be identified with the Collier County project name
(TBD), collection date and time, and stockpile name from which they were collected
from.
PART V. ENVIRONMENTAL PROTECTION
19. SCOPE.
The Environmental Protection section of the Contract Documents addresses SUPPLIER
responsibilities for the prevention of pollution and other environmental damage as the result of
SUPPLIER operations under the Contract Documents, including those measures set forth in the
Technical Provisions. For the purpose of this specification, pollution and other environmental
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damage are defined as the presence of chemical, physical, or biological elements or agents which
adversely affect human health or welfare; unfavorably alter ecological balances of importance to
human life; affect other species of importance to man; or degrade the utility of the environment
for aesthetic, cultural, and/or historical purposes, or damage/destroy hardbottom habitats. The
control of pollution and damage requires consideration of air, water, land and the marine
environment and includes management of construction activities, visual aesthetics, noise, solid
waste, radiant energy, and radioactive materials, as well as other pollutants. The SUPPLIER
shall fulfill these specifications at the SUPPLIER'S expense. All costs associated with these
sections shall be included in the unit costs for supplied sand.
Appendix 1 contains the permit matrix which shows which permit task are assigned to the
SUPPLIER or the CONTRACTOR.
20. QUALITY CONTROL.
The SUPPLIER shall establish and maintain quality control for environmental protection for all
items set forth herein. The SUPPLIER shall record with the Daily Quality Control documents
any problems in complying with laws, regulations and ordinances, as well as project permits, and
corrective action taken.
21. PERMITS AND BIOLOGICAL OPINIONS.
The SUPPLIER is governed by the permits that established the mine. The beach project permits
largely govern operations on the beach its nearshore, and in transect between the mine and
beach. There are sand quality standards and testing that govern the material produced by the
mine. The standards are contained within the FDEP permit and QA/QC Plan. Appendix 1
constains a matrix summarizing the SUPPLIERS and CONTRACTORS responsibilities. Project
permit copies are provided in the appendices to these technical specifications. Specifically, the
SUPPLIER will familiarize himself/herself with general and specific conditions contained in the
FDEP permit, USACE permit, modifications and other State and Federal approvals for the
project, including Biological Opinions. Any other licenses or approvals required, including, but
not limited to those that may be required by the COUNTY shall be secured and paid for by the
SUPPLIER.
In order to be compliant with the FWS' concurrence for the Florida panther, the SUPPLIER •
shall restrict all truck traffic (loaded or unloaded) related to this project's construction to daylight
hours for all sections of road within or directly adjacent to a panther focus area (FIGURE 2).
The SUPPLIER shall follow any additional requirements by NMFS if applicable.
22. SUBCONTRACTORS.
Assurance of compliance with all sections of the contract by subcontractors shall be the
responsibility of the SUPPLIER, including compliance with all applicable laws, regulations,
permit requirements and all elements of the environmental protection plan.
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23. NOTIFICATION.
The DESIGN PROFESSIONAL will notify the SUPPLIER and the PROJECT MANAGER of
any known noncompliance with the aforementioned Federal, State, or local laws or regulations,
permits and other elements of the SUPPLIER'S environmental protection plan. Nevertheless, it
remains the sole responsibility of the SUPPLIER to comply with all applicable Federal, State or
Local laws or regulations, permits and all elements of the environmental protection plan. If there
is known non-compliance, the PROJECT MANAGER will determine what action will be taken
and such response will be transmitted to the SUPPLIER, which may include stopping
construction of the project until the SUPPLIER complies with the environmental protection plan.
24. NOISE CONTROL.
All hauling and excavating equipment used on this Work shall be equipped with satisfactory
mufflers or other noise abatement devices. The SUPPLIER shall conduct his operations so as to
comply with all Federal, State, and local laws pertaining to noise. The use of horns, whistles,
and signals shall be held to the minimum necessary in order to ensure as quiet an operation as
possible while maintaining safety on the job site.
The supplier shall comply with the local laws and norms as it pertains to noise within the mine.
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