Loading...
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 Packet Page-429- 7/12/2016 16.A.22. 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 Packet Page -430- 7/12/2016 16.A.22. 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 Packet Page-431- 7/12/2016 16.A.22. 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 Packet Page -432- 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 N N 7/12/2016 16.A.22. 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 Packet Page -434- 7/12/2016 16.A.22. 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.) ,,,,,„.„ pe, ,.^:^;t3arct ixpzhnvt•3327 Tamm.Trail East.Naples,Florida 341124301•.nwr4.4411.mgci ne:puiehasn3 #16-6658—Sand Supply 1 G\Current Solicitations—Template\Grant Funded ITB Templet """ Packet Page-435- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 2 G\Current Solicitations—Template\Grant Funded IT°T^—^'^'^ naa�')naa Packet Page -436- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 3 G\Current Solicitations—Template\Grant Funded IT"T___,_._ Packet Page-437- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 4 G\Current Solicitations—Template\Grant Funded ITB Tr ^'^"^1' Packet Page -438- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 5 G\Current Solicitations—Template\Grant Funded ITB TE Packet Page -439- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 6 G\Current Solicitations—Template\Grant Funded ITB TE ' ' " Packet Page -440- 7/12/2016 16.A.22. EXHIBIT I A: SUPPLEMENTAL TERMS AND CONDITIONS See attached file Exhibit I A: Supplemental terms and conditions CFDA 97.036 #16-6658—Sand Supply 7 G\Current Solicitations—Template\Grant Funded ITB Tt Packet Page -441- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 8 G\Current Solicitations—Template\Grant Funded ITB Tr---- ""'""""" Packet Page -442- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 9 G\Current Solicitations—Template\Grant Funded ITB ' " Packet Page-443- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 10 G\Current Solicitations—Template\Grant Funded ITB Ti Packet Page -444- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 11 G\Current Solicitations—Template\Grant Funded ITB Packet Page -445- 7/12/2016 16.A.22. 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. #16-6658–Sand Supply 12 G\Current Solicitations–Template\Grant Funded ITB T ^—"^'" Packet Page-446- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 13 G\Current Solicitations—Template\Grant Funded ITS Te ^`-""""`" Packet Page -447- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 14 G\Current Solicitations—Template\Grant Funded ITB Packet Page -448- 7/12/2016 16.A.22. 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 #16-6658–Sand Supply 15 G\Current Solicitations–Template\Grant Funded ITB Ten--'-'- --- Packet """—Packet Page-449- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 16 G\Current Solicitations—Template\Grant Funded ITB Packet Page -450- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 17 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page-451- Collier County Government has authorized OSHA representatives to enter any Colli 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 18 G\Current Solicitations—Template\Grant Funded ITS Template_06132016 Packet Page-452- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 19 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -453- rate), and for materials and equipment used in the project (cost of materials plus 7/12/2016 16.A.22. 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- #16-6658—Sand Supply 20 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -454- payment under the legal doctrine of"laches" as untimely submitted. Time shall be � 7/12/2016 16.A.22. d 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 #16-6658—Sand Supply 21 GlCurrent Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -455- 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 #16-6658—Sand Supply 22 G\Current Solicitations Template\Grant Funded ITB Template_06132016 Packet Page -456- 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. #16-6658—Sand Supply 23 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -457- 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. #16-6658—Sand Supply 24 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page-458- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 25 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -459- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 26 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page-460- 7/12/2016 16.A.22. 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. #16-6658—Sand Supply 27 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -461- 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 #16-6658—Sand Supply 28 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -462- 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. #16-6658—Sand Supply 29 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -463- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 30 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 Packet Page -464- 7/12/2016 16.A.22. 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 #16-6658—Sand Supply 31 G\Current Solicitations—Template\Grant Funded ITB Ten ' Packet Page -465- 7/12/2016 16.A.22. ❑ 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" • ...�._. #16-6658—Sand Supply 32 G\Current Solicitations—Template\Grant Funded ITB Ter Packet Page -466- 7/12/2016 16.A.22. 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. Packet Page -467- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -468- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -469- 7/12/2016 16.A.22. 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. 02/15 R3 Packet Page -470- 7/12/2016 16.A.22. 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. 02/15 R3 Packet Page-471- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -472- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -473- 7/12/2016 16.A.22. 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. 02/15 R3 Packet Page-474- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -475- 7/12/2016 16.A.22. 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: 15 R3 Packet Page-476- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -477- 7/12/2016 16.A.22. 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 02/15 R3 Packet Page -478- 7/12/2016 16.A.22. 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 Packet Page -479- 7/12/2016 16.A.22. 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 Packet Page -480- 7/12/2016 16.A.22. 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 TP-i Packet Page -481- 7/12/2016 16.A.22. 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 TP-ii Packet Page -482- 7/12/2016 16.A.22. 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 TP-1 Packet Page-483- 7/12/2016 16.A.22. 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 �� • PINE RIDGE RD'. !I - GREEN BLVD .0 I I ' G LDENC TEPKWY II r---- RADIO RD 4 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 TP-2 Packet Page-484- 7/12/2016 16.A.22. 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. TP-3 Packet Page -485- 7/12/2016 16.A.22. 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 TP-4 Packet Page-486- 7/12/2016 16.A.22. 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. TP-5 Packet Page-487- 7/12/2016 16.A.22. 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 TP-6 Packet Page -488- 7/12/2016 16.A.22. 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. TP-7 Packet Page -489- 7/12/2016 16.A.22. 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. TP-8 Packet Page -490- 7/12/2016 16.A.22. 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 TP-9 Packet Page-491- 7/12/2016 16.A.22. 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. TP-l0 Packet Page -492- 7/12/2016 16.A.22. F =Aoscof OREVARD z°, o g Cemex 'oCOUNTY . S e oLake Waler„,< c StPeterhur , COUNTY "...COUNTY HILLSa0ROUGJI COUNTYINDIAN RIVER ,,,= COUNTY 1200000'„. '., MANATEE IIARDEE 1. COUNTY CCON1Y OKEECHONES ` ,-, COUNTY S ara.IAa HIGHLANDS COUNTY ,, t' DE 0070 . ... SARASOTA COUNTY COUNTY -10000001000000 Rot CharloRe'. GLADES COUNTY Cr'AROTTE ' L , �"`"f.. .. COUNTY "�� .3",t/UI9n *Witherspoon Cane Coral pc. L:Tve01a. tT Acr 1 6 % 600000 1�.. COIELTY Stewart' HENDRY 600000 Immokalee COUNTY A PALM REACH Mico/Corkscrew I trn atec couIE ra Route . 1.0 '1Y 0 50.000 100.000 11-4 _ f Feet .a--1 75 _T I inch=100.000 feet TIR Q7 UC7..RD . COUI:rY tL c o-600000 0 oc o O tT o U o DC o N �` _j t:ouNTY oto 1 Notes: Legend: 1 Within Lee and Hendry County,trucks must use *Mines Panther Focus Area 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. TP-11 Packet Page -493- 7/12/2016 16.A.22. 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. TP-12 Packet Page -494- 7/12/2016 16.A.22. 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. TP-13 Packet Page -495- 7/12/2016 16.A.22. 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 TP-14 Packet Page -496- 7/12/2016 16.A.22. 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 TP-15 Packet Page -497- 7/12/2016 16.A.22. 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. TP-16 Packet Page-498- 7/12/2016 16.A.22. 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. TP-17 Packet Page-499-