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CAC Agenda 09/08/2016 10/4/2016 Collier County,FL:September 8,2016 September 8, 2016 Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) THURSDAY, SEPTEMBER 8, 2016- 1:00 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES • Sunshine Law on Agenda Questions • 2016 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call IV. Changes and Approval of Agenda V. Public Comments VI.Approval of CAC Minutes 1. June 9, 2016 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. - 2. CB&I Contract 16-6629 Beach Renourishment * Proposal ** Contract 3. Sand Supply for Beach Re-nourishment * Invitation to Bid ** Bid Tabulation *** Bid Recommendation 4. Biological Monitoring 5. Beach Renourishment/Marco Island South IX. Old Business 1. Collier Creek Dredging 2. Hideaway Beach Sand Placement X.Announcements XI. Committee Member Discussion XII. Next Meeting Date/Location October 13, 2016 -Government Center, 3rd Floor XIII. Adjournment http://www.colliergov.net/your-government/advisory-boards-and-authorities/coastal-advisory-committee/cac-agendas/august-11-2016-cac-agenda 1/2 10/4/2016 Collier County,FL:September 8,2016 All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners)before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. http://www.colliergov.net/your-government/advisory-boards-arxf-authorities/coastal-advisory-committee/cac-agendas/august-11-2016-cac-agenda 2/2 LPL.JC./ICIIIUCI O,LU IU VI-1 Approval of Minutes 1 of 6 MINUTES OF THE MEETING OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE Naples, Florida, June 9, 2016 LET IT BE REMEMBERED, the Collier County Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:00 P.M. in REGULAR SESSION at Administrative Building "F", 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: John Sorey, III VICE CHAIRMAN: Debbie Roddy Ian Butler (Excused) Joseph A. Moreland Linda Penniman Robert Brown Steve Koziar (Excused) Thomas McCann Jim Burke ALSO PRESENT: Gary McAlpin, Director, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant Katie Laakkonen, City of Naples ouptu111UCI O,LV IV VI-1 Approval of Minutes 2 of 6 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Mr. Sorey called the meeting to order at 1:00PM II. Pledge of Allegiance The Pledge of Allegiance was recited. III. Roll Call Roll call was taken and a quorum was established. IV. Changes and Approval of Agenda Mr. McCann moved to approve the Agenda. Second by Mr. Burke. Carried unanimously 7—0. V. Public Comments None VI. Approval of CAC Minutes 1. May 12, 2016 Mr. McCann moved to approve the minutes of the May 12, 2016 subject to changing the Call to Order to from Mr. Sorey to Ms. Roddy. Second by Mr. Brown. Carried unanimously 7—0. VII. Staff Reports 1. Expanded Revenue Report The Committee reviewed the "Collier County Tourist Tax Revenue FY 16 TDC Revenue Report" dated May 31, 2016. VIII. New Business 1. Modification to Physical Monitoring Plan * CB&I Proposal/Work Order Mr. McAlpin presented the Executive Summary "Recommendation to approve a work order with CB&I Coastal Planning&Engineering, Inc. to provide professional engineering services for modifications to physical monitoring plans under Contract No.15-6382 for time and material not to exceed$5,976, authorize the County Manager or his designee to execute the work order, and make a finding that this item promotes tourism"dated June 9, 2016 for consideration. He noted: • The County is required to survey the beaches annually in the fall of the year as part their beach renourishment permit conditions. • The County also surveys the beaches in January of the year to determine the renourishment requirements for the year. • The proposal is to seek permission to amend the permit to allow the physical monitoring under the permit to coincide with the monitoring for beach renourishment planning. • The elimination of one set of monitoring is anticipated to save the County$150,000 annually. Mr. Burke moved to recommend the Board of County Commissioners approve a work order with CB&I Coastal Planning&Engineering,Inc. to provide professional engineering services for modifications to physical monitoring plans under Contract No.15-6382 for time and material lMlOeVICI11UC1 0,LU IV VI-1 Approval of Minutes 3 of 6 not to exceed$5,976, authorize the County Manager or his designee to execute the work order and hereby finds the item promotes tourism. Second by Mr. McCann. Carried unanimously 7— 0. 2. Solicitation Committee Ratification of CB&I Qualification for 2016 * Final Ranking ** Request for Proposals Mr. McAlpin presented the Executive Summary "Recommendation to approve the ranked list of design professionals pursuant to RFP No. 16-6629, "2016 Beach Renourishment, "and authorize staff to negotiate a contract with the top ranked firm CB&I Environmental&Infrastructure, Inc. for subsequent Board approval, or, if contract negotiations are not successful with CB&I Environmental &Infrastructure, Inc., then to authorize staff to commence contract negotiations with the second ranked proposer, Environmental Science Associates, and make a finding that this item promotes tourism dated June 9, 2016 for consideration. He noted: • The Selection Committee reviewed 3 proposals and ranked the consultants. • The Board of County Commissioners is required to ratify the selection and direct Staff to negotiate a contract for the work. • The Tourist Development Council and Coastal Advisory Committee (CAC)previously approved the RFP and the item will be returned to the CAC for an after the fact approval given the item is to be heard by the BCC in June. Mr. McCann moved to recommend the Board of County Commissioners approve the ranked list of design professionals pursuant to RFP No. 16-6629, "2016 Beach Renourishment,"and authorize staff to negotiate a contract with the top ranked firm CB&I Environmental& Infrastructure,Inc.for subsequent Board approval, or, if contract negotiations are not successful with CB&I Environmental&Infrastructure,Inc., then to authorize staff to commence contract negotiations with the second ranked proposer,Environmental Science Associates, and hereby finds the item promotes tourism. Second by Mr. Moreland. Carried unanimously 7— 0. 3. Sand Gift-Collier County Schools Mr. McAlpin presented the Executive Summary "Recommendation to approve the donation of approximately 13,000 cubic yards (CY's) of sand from the Collier County School Board over the next five (5)years to be used as needed within Collier County"dated June 9, 2016 for consideration. He noted: • The Collier County School District is implementing a plan to remove the sand base in school playgrounds and replacing it with a more suitable material. • The sand surface has caused injuries and is transported into buildings causing damage due to its abrasiveness. • The District has offered to donate the sand to the Parks and Recreation Department for use at facilities such as the beach at Sugden Park or athletic fields. • The plan will be phased over 5 years and the District will transport the material to a suitable County location such as Sugden Park for use. • A visual inspection indicates the sand is appropriate for use at Sugden Park beach, however, engineering tests will be conducted to verify its suitability. • The item will be heard by the BCC on 6/14/16 and the Committee may provide a recommendation if they so desire. .,tw..oept iiiuoi O,LV 1V VI-1 Approval of Minutes 4 of 6 Mr. Brown moved to recommend the Board of County Commissioners approve the donation of approximately 13,000 cubic yards (CY's) of sand from the Collier County School Board over the next five(5)years to be used as needed within Collier County. Second by Mr. Moreland. Carried unanimously 7—0. IX. Old Business Mr. McAlpin provided verbal updates on the following projects. 1. Marco South Beach Renourishment * PW Extension * USACE Permit Modification • The project involves placement of 13,000cy of sand to repair damage from Tropical Storm Debbie in conjunction with a FEMA Work Order. • The existing permit expires on July 3, 2016 and Staff is seeking a 1 year extension which is anticipated to be issued by the various agencies. • The project will be coordinated with the Central Beach Regrade work and the sand will be transported to the beach via Collier Blvd. • The date for the work is yet to be determined but it is anticipated to be completed by May 1, 2017. 2. Central Beach Regrade • The project involves re-grading sand in the area to create a positive beach slope to eliminate ponding of water on the beach during storm events. • The area of beach slated for the work is from the Sand Dollar Island to south of the Marriot Hotel. • There is a currently a project for Hideaway Beach which requires placing of sand in the area and there is a possibility there will be ponding of water at the end of the dune for a period of 6 months until the regrade project is completed. • Installation of temporary walkways are under consideration to facilitate movement of beachgoers in this area. • The County regrade work is expected to be completed in 2017. 3. Hideaway Beach Sand placement-Marco Beach See item#2 above. 4. Hideaway Beach Dredging The project is expected to be completed by the end of June, 2016. 5. Collier Creek Dredging • The project involves dredging of the creek to remove sand that has accreted at the mouth of the pass compromising boater safety. • The Notice to Proceed is anticipated to be issued the week of 7/6—7/15/16 with a preconstruction conference scheduled for next week. • The work should be completed over a two week period. • The dredging is the first phase of the project to be followed by a modeling study and development of a master plan to address the issue over the long term. 6. Collier Creek Master Plan Modeling/Development lMlJCF11C111UCI 0,LV iV VI-1 Approval of Minutes 5 of 6 • The Request For Proposal is being developed and will be placed out to bid with a contract for the work anticipated to be executed in November. • The plan will be developed over an 18 month period and include involvement by interested Stakeholders. 7. Doctors Pass Permit Modifications and Jetty Rebuild The Florida Department of Environmental Protection permit has been issued and Staff is awaiting the US Army Corps of Engineers permit. The work is anticipated to initiate this year and be completed by May 1, 2017. 8. Doctors Pass Erosion Control Structures 'The work is intended to be completed in conjunction with the Jetty Rebuild project as the intent is to place the dredged sand from the project on the beach from Indies West south approximately 1000 feet. Staff wants to ensure the structures are in place before the sand is placed on the beach with the project anticipated to be completed in 2017. 9. Biological Monitoring The contract for the work will be brought forth to the Committee when it becomes available. 10. Clam Pass Beach Renourishment-Permit Information The work required to incorporate renourishment of the beach into the existing permit is ongoing with the permit expected to be issued in 4—6 months. Renourishment is planned for FY17 or FY 18. 11. Beach Renourishment 2016 Engineering The selection Committee's recommendation was endorsed by Committee today and the contract will be reviewed by the BCC on 6/28/16 and returned to the CAC for an"after the fact" approval. 12. 5-Year Sand Placement Contract The project has been placed out to bid and the results will be presented to the Committee at the next meeting. 13. Permit Extension for Wiggins Pass -5-Years The County was issued a 10 year permit for the area and is requesting a 5 year extension. The RFP will be issued in July or August and no changes in the dredge template will be requested in the proposed amendment. 14. Beach Renourishment Construction RFP The RFP is anticipated to be issued in July or August and the item will be reviewed by the Committee when a contractor is chosen. 15. Interlocal Pelican Bay The Agreement will be executed for placement of 10,000cy of sand on the Pelican Bay beaches. X. Announcements Ms. Hambright provided the Committee with their updated contact information and the Members should notify her if any changes are required. Li% JCptOI IIUCI 0,GU 10 VI-1 Approval of Minutes 6 of 6 XI. Committee Member Discussion Mr. Moreland expressed concerns the ongoing development of the Wiggins Pass area is placing increasing demands on the limited supply of boating access, especially given the expectations created by those marketing the properties to perspective buyers. He suggested the Committee consider any options available to educate the public on the availability of boating resources in the area. The Committee recommended an item be placed on the next Agenda for a presentation by the County Attorney's Office on the powers, duties and responsibilities of the Committee. Ms. Roddy requested an update on any damage to the area from Tropical Storm Colin and Mr. McAlpin reported there was only minor damage to the beaches. XII. Next Meeting Date/Location July 14,2016—Government Center,Administration Bldg. F,3rd Floor There being no further business for the good of the County, the meeting was adjourned by order of the chair at 2:02P.M. Collier County Coastal Advisory Committee John Sorey,III Chairman These minutes approved by the Board/Committee on as presented or as amended CAC September 8,2016 VII-1 Revenue Report 1 of 18 COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE FY 16 TDC Revenue Report 31-Aug-2016 FY 16 Adopted FY 16 Current FY 16 YTD Var to FY 16 YTD Description Fund Budget Forecast Forecast FY 16 YTD Actual Forecast Beach Facilities 183 877,600 968,134 924,362 940,974 16,611 TDC Promotion 184 6,881,900 7,592,151 7,248,892 7,379,160 130,268 Non-County Museums 193 467,000 515,213 491,919 500,759 8,840 TDC Admin 194 2,277,800 2,512,909 2,399,294 2,442,411 43,117 Beach Renourishment 195 7,218,100 7,963,096 7,603,066 7,739,698 136,632 Disaster Recovery 196 - - 0 - - County Museums 198 1,883,500 2,077,941 1,983,992 2,019,646 35,654 Gross Budget $19,605,900 $21,629,445 $20,651,525 $21,022,648 $371,123 Less 5%Rev Res (993,200) Net Budget 18,612,700 Collections %Budget %over FY 15 %over FY 14 %over FY 13 Month Actual FY 16 Cum YTD Collected to Date Collections Collections Collections Oct 794,682 794,682 4.05% 16.04% I 38.23% 26.57% Nov 1,003,722 1,798,404 9.17% 3.93% 14.57% 36.67% Dec 1,320,636 _ 3,119,040 15.91% _ 7.00% 25.00% 37.68% Jan 2,040,375 5,159,415 26.32% 4.65% 34.21% 59.85% Feb 3,184,388 8,343,803 42.56% 6.42% 24.80% 54.77% Mar 3,323,336 11,667,139 59.51% 7.00% 19.43% 38.67% Apr 4,295,463 15,962,602 81.42% 0.37% 15.42% 30.05% May 1,869,371 17,831,973 90.95% -8.80% -1.39% 27.73% June 1,164,488 18,996,461 96.89% 4.39% -4.24% 11.84% July 929,830 1.9,926,291 101.63% -3.09% -1.02% 11.79% Au _ 1,096,357 21,022,648 --0 g 107.23% 12.38% 10.67% 30.78% ' Sept 0 21,022,648 107.23% n/a n/a n/a Total 21,022,648 21,022,648 YTD 3.50% 15.98% 35.37% ' Current Forecast 21,629,445 Budget Comparison 5 Yr History- Budgeted Budget to Actual Month 5 Yr History-Cum Monthly Collections Actual Collections Variance Current Forecast Oct 3.45% 3.45% 675,933 794,682. 118,749 675,933 Nov 8.05% 4.60% 902,319 1,003,722 101,403 947,435 Dec 13.87% 5.82% 1,141,559 1,320,636 179,077 1,198,637 Jan 22.02% 8.15% 1,597,029 2,040,375 443,346 1,836,584 Feb 35.02% 13.00% 2,548,546 3,184,388 635,842 2,828,886 Mar 49.98% 14.97% 2,934,356 3,323,336 388,980 3,257,135 Apr 69.59% 19.61% 3,844,419 4,295,463 451,044 4,267,305 May 79.28% 9.69% 1,900,317 1,869,371 (30,946) 2,109,352 June 85.43% 6.14% 1,204,350 1,164,488 (39,862) 1,336,829 July 90.34% 4.92% 963,973 929,830 (34,143) 1,070,010 Aug 95.48% 5.13% 1,006,669 1,096,357 89,688 1,117,402 Sept 100.00% 4.52% 886,430 0 n/a 983,937 Total 100.0% 100.0% 19,605,900 21,022,648 2,303,178 21,629,445 Tourist Development Tax Collection Curve „$5.0 €54.5 ,\ f$4.0 $3.5 , c$3.0 .2 \ t$2.5 Y. 3$2.0 —..,.,-w.,„. $1.5 .i <,..„„>.,,n $1.07.27:4;.% .----- 1.o % $0.5 1 $0.0 f. ° z o LL 2 < f a u, I I f 916201611.18 AM H:Revenue Report\Monthly Sales,and TDC Receipts.xls • • • • CO = CO o a4 N y 0 co'O!N 0 7 E N N N d CC CO 4 i Q > U V' N t0 sr N CO M O 1/40 O sr V, t0 V' N N H W N l0 CO CO Cal) N U)) N C!) to CEnn c.0N 4 M KC to a H 'Q H r ti a p H E-. to F sr F F F 0 F F H 0 0 0 E.0 0 r-I 0 0 N 1) 0 41 44 44 44 04 44 01 a m Cl) LW) coWUW) 0W) V) I M V co 0 N r 0 N 0 M 0 01 0 N 0 00 0 () 14 N 'Jst. 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LIO VI VI 0 0 0 0 O 0 0 0 0 0 0 F N N N N N N N N N N N l./1%.,oCpJICII IUCI 0,LV IV VIII-2 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute Contract No. 16-6629 to provide professional engineering services as required for the "2016 Beach Renourishment Project" for $111,756.30 to CB&I Coastal Planning & Engineering, Inc., Inc., and make a finding that this item promotes tourism,Project No. 80301. OBJECTIVE: To obtain professional engineering services to engineer, design and obtain a Notice to Proceed as required to execute the "2016 Beach Renourishment"on Vanderbilt Beach, Park Shore Beach and Pelican Bay Beach. CONSIDERATIONS: Engineering services are required to obtain a Notice to Proceed (NTP) authorization from Florida Department of Protection/United States Army Corps of Engineers (FDEP/USACE) to conduct a truck haul beach renourishment project within Collier County in the Fall 2016 utilizing the existing 15-year Joint Coastal Permit (JCP) for Collier County's beach renourishment program. 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 renourishment in 2016. The beach width measurements and three years of advanced renourishment placement indicated that these beaches will require the following: • Vanderbilt Beach(R22-R30)—approximately 30,000 CY's (cubic yards)of renourishment; • Park Shore Beach(R44-R53)will require 25,000 CY's to 30,000 CY's of renourishment; • Pelican Bay Beach will require approximately 10,000 CY's of renourishment. Based on this analysis, the Board of County Commissioners (Board) approved a 2016 Renourishment Program to be built after November 1, 2016 using truck haul construction and either off road vehicle transport on the beach or sand fluidization and pipeline transport. The sand fluidization and pipeline transport placement approach is being considered to enhance public safety and will be bid as an option. Stated quantities will be adjusted prior to construction during the pre-construction survey that the contractor performs. A Request for Proposal (RFP) was solicited in compliance with the Consultants' Competitive Negotiations Act (CCNA) requirements. On April 6, 2016, RFP No. 16-6629, "2016 Beach Renourishment," was posted. One thousand three hundred and ninety-four (1,394) notices were sent out and forty-two (42) firms downloaded full document packages. Three (3) responsive proposals were received on April 26,2016. On May 17,2016,a selection committee short-listed the three(3)firms based on an evaluation of their technical proposals. CB&I Environmental &Infrastructure, Inc. was ranked No. 1. On June 14, 2016, the Board approved and authorized staff to negotiate a contract with the top ranked firm(CB&I Environmental & Infrastructure, Inc.) for subsequent Board approval. CB&I Environmental & Infrastructure, Inc., is a very experienced consultant with extensive experience throughout Collier County. Time is of the essence and the engineering must be accomplished to allow beach renourishment to begin on November 1, 2016 and be completed by January 1, 2017. Critical project execution decisions may be required during summer recess and staff is requesting that the County Manager be authorized to conduct/implement critical project decisions in the Board's absence during summer recess subject to Board ratification upon return. l.,ML..o pi rIiuei O,LV 10 VIII-2 New Business 2 of 2 FISCAL IMPACT: Funding for in the amount of$111,756.30, is available in the Tourist Development Tax Fund 195, Project No. 80301, Beach Renourishment. Funding for this contract will not be requested for reimbursement from any grantor agency. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts as a result of this project at this time. ADVISORY COMMITTEE RECOMMENDATIONS: Since time is of the essence, staff is requesting approval by the Board of County Commissioners prior to this contract being presented to Coastal Advisory Committee. The Coastal Advisory Committee has however, approved the 2016 beach renourishment program. This item is wholly consistent with the 2016 beach renourishment program and previous truck haul beach renourishment projects conducted in 2013 and 2014. This item will be presented to the Coastal Advisory Committee for "after the fact approval" at the August 2016 meeting. This item was presented to the Tourist Development Council at their June 27, 2016 meeting and was unanimously recommended for approval by an 8 to 0 vote. The Tourist Development Council has also approved the 2016 beach renourishment program and again, this item is wholly consistent with the 2016 program and previous truck haul beach renourishment projects. The BCC unanimously approved this item at their June 28,2016 meeting. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval.—CMG RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute Contract No. 16-6629 to provide professional engineering services as required for the"2016 Beach Renourishment Project" for$111,756.30 to CB&I Environmental &Infrastructure, Inc., and make a finding that this item promotes tourism, Project No. 80301. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachments: 1) Contract 2) Proposal CAC September 8,2018 V11I-2`New Business 1 of 10 CB&I Environmental&Infrastructure, Inc. it 2481 NW Boca Raton Blvd. Boca Raton,FL 33431 Tel:+1 581 391 8102 Fax:+1 581 391 9118 www.CBl.com June 15, 2016 Gary McAlpin, Director Collier County Coastal Zone Management 2800 N. Horseshoe Drive Naples, FL 34104 Re: 2016 Beach Renourishment Design Proposal Dear Gary: This letter is in response to Collier County's request for a proposal for CB&I Environmental & Infrastructure, Inc. (CB&I) to perform staff engineering tasks to support the County in preparing for and constructing the 2016 truck haul beach renourishment. In preparation of the 2016 renourishment event, CB&I will conduct an analysis to determine fill placement areas and quantities, produce construction plans and technical specifications, coordinate with FDEP for a Notice to Proceed, provide bidding assistance to the County, support the County's inspectors throughout construction, and serve as the engineer of record to certify this project.A detailed scope of work is attached in Exhibit A. A fee proposal is included as Exhibit B, and a rate schedule is provided as Exhibit C. We propose to perform these services on a time and material basis not to exceed$111,756.30 upon award of a Contract in response to CB&I's proposal to Collier County's RFP No. 16-6629 (2016 Beach Renourishment Design). The cost breakdown between the County and Pelican Bay portions of the work is: $94,349.60 and $17,406.70 respectively. Subject to mutually agreeable Contract terms and conditions, and barring any unforeseen circumstances, all work will be completed and submitted to the County within 365 days of our receiving the County's Notice to Proceed. Very truly yours, fr/e)1 C— f ..---. Thomas P. Pierro, P.E., D.CE Director of Operations CB&I Environmental & Infrastructure, Inc. cc: Adam Northrup, Collier County Government Tara Brenner, P.G., CB&I Steve Keehn, P.E., CB&I CAC September 8,2016 VIII-2'New Business 2 of 10 } I1. .,,, . Exhibit A Scope of Work CAC September 8,2016 VIII-2*New Business 3 of 10 2016 Beach Renourishment Alongshore Sand Transport Coordination,Beach Design, Construction Plans & Specifications,Agency Coordination, Bidding Assistance, and Engineer of Record Services Scope of Work June 2016 introduction To maintain its valuable beaches, the County wishes to conduct a truck haul beach renourishment project in winter 2016. CB&I Environmental & Infrastructure Inc. (CB&I) will provide the expedited engineering and scientific services described below as required to obtain a notice to proceed from Florida Department of Environmental Protection (FDEP), and support the County through project construction for beach nourishment. This proposal contains the tasks necessary to bring the project from design through construction. Our team is extremely familiar with the County's coastal environment, including the coastal dynamics, geology, ecology and sand sources. We will continue to use our extensive experience, historic and existing data, and ongoing monitoring information as a basis for our analyses to engineer the upcoming renourishment design. CB&I will support the County's inspection efforts before and during construction and will develop the post-construction certification. This proposal assumes that no new permit applications, permit modifications, surveys, field investigations, studies or modeling will be required. 1. Aiongsh t re SaneThump 3rt C )ordination In addition to traditional alongshore truck transport, the County will endeavor to obtain bids for a replacement construction method to improve safety by eliminating the use of off road trucks to transport sand on the beach. The potential for converting delivered sand into a slurry(fluidization) and pumping it alongshore is promising since the components of this method are already approved in existing permits. The addition of this method to the bid documents will require coordination with the regulatory agencies for construction approval. CB&I will assist with seeking authorization of a fluidizing construction method by coordinating with contractors, agencies and the County. A general sketch and description of fluidization construction method will be developed based on information obtained by CB&I from contractors that specialize in this type of work. CB&I will prepare letters for FDEP and USACE describing the proposed construction method and informing them of the interpretation that these activities are currently within the scope of the existing permits. If the agencies do not agree that it's currently covered, we will ask for their comments so that the County can consider options for permit modification. Efforts for an extended permit modification process are not included in this task. In our initial discussions, FDEP has indicated a permit modification may be needed, but this was based on preliminary information that will continue to be refined through contractor coordination. USACE's position on this construction method is unknown at this time,but CB&I will also supply them with the appropriate information to make a determination. Implementation of this method for construction this year will be dependent upon the outcome of these discussions and coordination with the intent of inclusion in the bid documents. CAC September 8,2016 VIII-2*New Business 4 of 10 2, F3each ELEtsgrt_ Constt t_tcton Pians & Specifications Renourishment segments and quantities will be determined through coordination with Collier County. The work previously performed to update a long term erosion rate and nourishment volumes based on the January 2016 survey will be the starting point for this phase. The latest monitoring survey data will be used as the pre-construction condition for design of the fill placement areas. Fill placement will be concentrated in Vanderbilt, Pelican Bay and Park Shore project reaches. A needs-based design will be calculated using updated engineering spreadsheets with a revised long term erosion rate,to identify areas of need, based on the County's beach width standards and a three-year project life. The fill placement areas will be finalized through consultation with the Coastal Zone Management Department to meet County objectives and address physical restrictions such as hardbottom. CB&I engineers will conduct calculations to generate a finalized design, including estimated fill volumes needed by reach and R-monument. These volumes will include sand needed to support the sand stock pile areas and covering of coastal structures as needed. Beach renourishment plans will be developed, including plan views and cross-sections of fill templates, information related to sand delivery locations, beach access, beach storage areas, environmental protection areas and other information required for construction of the truck haul beach renourishment project. The quantities will be based on the latest monitoring survey and priorities established by the County during the project design phase. From our experience constructing in Collier County and other truck haul projects, CB&I will prepare technical specifications with an environmental protection summary that will define expectations, identify risks, resolve discrepancies, and comply with project permits. We will integrate the Sediment QA/QC plan, turbidity standards, permit conditions and lessons learned from the 2013/14 project into the specifications. CB&I will prepare construction documents including construction plans and specifications necessary for bidding the renourishment project. Both alongshore truck transport and alongshore transport by fluidization will be specified as construction methods "A" and "B" for this project within the bid documents. The bidding contractor will have the option to bid on Option A, Option B, or both, in order to provide the County with the ability to compare costs of the two methods. CB&I will provide plans and specifications in Acrobat and Word format. 3. RenourisI',niti t ssis;ance & Agency NTP Coordination CB&I will assist the County in their lead of the bidding process. Once the construction plans and technical specifications are completed, CB&I will provide the County with a bid package containing: construction plans, technical specifications, project permits, bid form and contractor questionnaire (as appropriate). If requested, CB&I can provide an engineer's construction cost estimate. A CB&I engineer will be available to attend the Pre-Bid Meeting and prepare a basic addendum, if needed. Once the bids have been opened, CB&I will assist the County in reviewing the bids and provide a recommendation to the County based on a review of the submitted bids, if needed. CAC September 8,2016 VIII-2*New Business 5 of 10 CB&I will simultaneously work with the agencies (FDEP and USACE) to utilize the new 15-year permits for this beach renourishment project. In support of acquiring a Notice to Proceed, CB&I will coordinate with FDEP and submit the following information: 1. Construction plans and specifications. 2. Updated Sediment QA/QC and/or physical monitoring plans (as necessary) 3. Turbidity monitoring qualifications. The names and qualifications of individuals identified by the County to perform water quality functions along with 24-hour contact information shall be submitted for approval. 4. Sand sample from the sand supplier. A copy of the plans and specifications will also be provided to the USACE in Fort Myers,FL. 4. Pre-, During-, °-'oext-Consst'i ctk;i aqd Engineer of Record Services As the engineer of record, CB&I will conduct pre-, during- and post-construction tasks necessary for certification of the project. Before construction begins, CB&I will finalize the FDEP NTP requirements, notify USACE of project commencement and coordinate with the selected Contractor as required. A CB&I engineer will attend the pre-construction meeting in person and additional team members will participate in the meeting via phone as necessary. CB&I will adjust the construction template once, prior to construction, if needed based on the results of the pre- construction survey collected by the Contractor and in consultation with the County. During construction, CB&I will support the County's inspection efforts and perform occasional (approximately 1/week) site visits to inspect the work at the beach and the sand mine. CB&I will provide a checklist to be used by County inspectors to monitor daily construction. It is expected that the County's inspectors will monitor the Contractor's water quality reporting to FDEP and account for sand delivered on a daily basis for project tracking and payment. CB&I can assist with reviewing sand delivery quantities. Once a week, CB&I engineers will review the daily reports and consult on construction activities. CB&I will coordinate site visits to allow for in-person attendance at the construction progress meetings. During CB&I's site visits, we will spot check the project construction progress to determine if the contractor is in substantial compliance with both contract documents and project permits as well as collect photographic documentation of construction. A CB&I Professional Engineer will serve as the engineer of record for this project and will visit the site once during construction and once after construction is completed. After receipt of necessary project documentation, the engineer of record will prepare the project certification. Based largely on surveys,daily reports and observations made by the dredge contractor and County inspectors, CB&I will prepare a certification to supplement the annual monitoring report that is to be performed by others. During construction, samples representing the delivered material will be collected and visually inspected by County construction observers. As needed, samples will be archived or analyzed by a County or contractor contracted laboratory. Post-construction samples as prescribed in the CAC September 8,2016 VIII-2*New Business 6 of 10 sediment QA/QC plan will be collected by County or CB&I observers and analyzed by the County or contractor's contracted laboratory. CB&I will assist with compliance of the sediment QA/QC plan by incorporating the lab results into the post-construction certification to the agencies. CB&I will review in progress and final applications for payment and will make recommendations to the County. The annual monitoring survey and report is not part of this proposal. 3. Pelican Say n Piens & Specifications, Bidding and Construction Services CB&I will perform the services described in Tasks 1, 2, 3 & 4 for Pelican Bay and the County beaches. Task 5 will be used to separate out costs associated with the work for the Pelican Bay portion of the larger renourishment project. These services in summary will include: beach design, preparation of construction plans, technical specifications, bidding assistance and agency coordination, and engineer of record services. Summary This work will be performed on a time and materials (T&M) basis with a cost not to exceed $111,756.30 as outlined in the attached fee spreadsheet. The cost breakdown between the County and Pelican Bay portions of the work is: $94,349.60 and $17,406.70, respectively. The work will be completed within 365 days of receipt of the Notice to Proceed. Confidentiality Statement The information contained in this proposal is confidential commercial information and shall not be disclosed, except for evaluation purposes,provided that if a contract is awarded to CB&I Environmental&Infrastructure, Inc. as a result of or in connection with the submission of this proposal, the requester shall have the right to use or disclose the data to the extent provided in the contract. This restriction does not limit the requestor's right to use or disclose any technical data obtained from another source without restriction. CAC September 8,2016 VIII-2'New Business 7 of 10 ® i Exhibit B Fee Proposal co tn g cg 0 cla 3f 69. _ ) 11 11 69 )/ k 0 , ~ 72 3, \)\ r „ _ \ ,ƒ \ 00 \ k,I;- {} /$ aa , = = 2 §flf) k k{� ` 15 I u. / ƒ , , , N _ / } Li 2 k011 \ \/ CAC September 8,2016 VIII-2'New Business 9of10 Exhibit C Rate Schedule CAC September 8,2016 VIII-2*New Business 10 of 10 SCHEDULE B RATE SCHEDULE Title Rate Principal $207.00 Senior Project Manager $173.00 Project Manager $148.00 Senior Engineer $158.00 Engineer $124.00 Senior Inspector $97.00 Inspector $77.00 Senior Planner $140.00 Planner $111.00 Senior Designer $115.00 Designer $95.00 Environmental Specialist $110.00 Senior Environmental Specialist $135.00 Scientist/Geologist $94.00 Senior Scientist/Geologist $119.00 Marine Biologist/Hydrogeologist $111.00 Senior Marine Biologist/Hydrogeologist $139.00 Senior GIS Specialist $146.00 GIS Specialist $103.00 Clerical/Administrative $63.00 Senior Technician $86.00 Technician $73.00 Surveyor and Mapper $121.00 CAD Technician $82.00 Survey Crew- 2 man $136.00 Survey Crew - 3 man $172.00 Survey Crew -4 man $205.00 Senior Architect $155.00 Architect $122.00 This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and other services shall be mutually negotiated by Collier County and firm on a project by project basis as needed. B-1 / CAC September 8,2016 VIII-2"New Business 1 of 451 of 45 Contract# 16-6629 "2016 Beach Renourishment Design" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2016, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and CB&I Environmental & Infrastructure, Inc., authorized to do business in the State of Florida, whose business address is 4171 Essen Lane, Baton Rouge, LA 70809 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Consulting Design services of the CONSULTANT concerning 2016 Beach Renourishment Design (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ` ,ter Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 2 of 452 of 45 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Design Consulting services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Thomas Pierro, Vice President a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator 2 Contract#16-6629`2016 Beach Renounshment Design" CAC September 8,2016 VIII-2"New Business 3 of 453 of 45 has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Contract#16-6629'2016 Beach Renourishment Design" CAC September 8,2016 VIII-2"New Business 4 of 454 of 45 IF the CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO the CONSULTANT'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 CONSULTANT 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 CONSULTANT 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 CONSULTANT or keep and maintain public records required by the public agency to perform the service. If the CONSULTANT transfers all public records to the public agency upon completion of the contract, the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the contract, the CONSULTANT 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 4 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 5 of 455 of 45 format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the CONSULTANT fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the CONSULTANT. The County may also deduct or charge the CONSULTANT for services and/or items necessary to correct the deficiencies directly related to the CONSULTANT's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper 5 Contract#16-6629"2016 Beach Renourishment Design" 4, CAC September 8,2016 VIII-2"New Business 6 of 456 of 45 performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life 6 Contract#16-6629"2016 Beach Renourishment Design" Wim„ rr�- CAC September 8,2016 VIII-2**New Business 7 of 457 of 45 or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 7 Contract#16-6629'2016 Beach Renourishment Design" F ,. CAC September 8,2016 VIII-2**New Business 8 of 458 of 45 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter 8 Contract# 16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2"New Business 9 of 459 of 45 referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; 9 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 10 of 4510 of 45 (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. 10 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 11 of 4511 of 45 CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled Contract#16-6629"2016 Beach Renourishment Design" ".mow, CAC September 8,2016 VIII-2**New Business 12 of 4512 of 45 "Basis of Compensation", which is attached hereto and made a part hereof. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the CONSULTANT; and, as a business practice there are no hourly or material invoices presented, rather, the CONSULTANT 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 CONSULTANT for the amount of labor time spent by the CONSULTANT 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the CONSULTANT's 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. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for 12 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2"New Business 13 of 4513 of 45 CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. '3 Contract# 16-6629`2016 Beach Renourishment Design" CAC September 8,2016 VIII-2`"New Business 14 of 4514 of 45 ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 14 Contract#16-6629"2016 Beach Renourishment Design' qyF rrk CAC September 8,2016 VIII-2"New Business 15 of 4515 of 45 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self-insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, Is Contract#16-6629"2016 Beach Renourishment Design" 7 CAC September 8,2016 VIII-2**New Business 16 of 4516 of 45 or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 16 Contract#16-6629"2016 Beach Renounshment Design" t CAC September 8,2016 Vl11-2"New Business 17 of 4517 of 45 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this 17 Contract#16-6629"2016 Beach Renourishment Design" ? CAC September 8,2016 VIII-2"New Business 18 of 4518 of 45 Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior 18 Contract#16-6629"2016 Beach Renourishment Design" y ', CAC September 8,2016 VIII-2"New Business 19 of 4519 of 45 written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or 19 Contract#16-6629"2016 Beach Renourishment Design .. CAC September 8,2016 VIII-2"New Business 20 of 4520 of 45 secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 2p Contract#16-6629°2016 Beach Renourlshment Design ;. t CAC September 8,2016 VIII-2**New Business 21 of 4521 of 45 ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Attention: Allison Kearns, Interim Director Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: CB&I Environmental & Infrastructure, Inc. 4171 Essen Lane Baton Rouge, LA 70809 Phone: 561-391-8102; Fax: 561-391-9116 Attn: Thomas Pierro, Vice President 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 21 Contract#16-6629"2016 Beach Renourishment Design" s CAC September 8,2016 VIII-2"New Business 22 of 4522 of 45 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Contract# 16-6629"2016 Beach Renourishment Design" R CAC September 8,2016 VIII-2""New Business 23 of 4523 of 45 Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 16-6629 Terms and Conditions Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. 23 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 24 of 4524 of 45 CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as 24 Contract#16-6629"2016 Beach Renourisnment Design" 4y CAC September 8,2016 VIII-2"New Business 25 of 4525 of 45 required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ********** 2; Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2**New Business 26 of 4526 of 45 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Design the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: Donna Fiala, Chairman Approved as to Form and Legality: Assistant County Attorney Name CB&I Environmental & Infrastructure, Inc. By: Witness Name and Title Name and Title Witness Name and Title 26 Contract#16-6629"2016 Beach Renourishment Design" CAC September 8,2016 VIII-2"New Business 27 of 4527 of 45 SCHEDULE A SCOPE OF SERVICES SCOPE OF SERVICES the CONSULTANT will provide engineering services as required to obtain a Notice to Proceed (NTP) authorization from FDEP/USACE to conduct a beach renourishment project within Collier County in the Fall 2016 utilizing the existing 15 year Joint Coastal Permit (JCP) for Collier County's beach renourishment program. Detailed Scope of Work The CONSULTANT will perform a design survey on the project area, provide design construction plans, acquire a notice proceed from the regulatory agencies and prepare bidding documents in support of the County's solicitation of the bid. Plans shall, at a minimum, call for the placement of sand at the following three (3) segments: • R-22 to R30 —Vanderbilt Beach • R-44 to R53 — Park Shore Beach • Pelican Bay Beach The CONSULTANT will design plans for truck haul construction to Collier County, and either off road vehicle transport on the beach or sand fluidization and pipeline transport. The sand fluidization and pipeline transport placement approach is being considered to enhance public safety and will be bid as an option. Task 1 - Alongshore Sand Transport Coordination In addition to traditional alongshore truck transport, the County will endeavor to obtain bids for a replacement construction method to improve safety by eliminating the use of off road trucks to transport sand on the beach. The potential for converting delivered sand into a slurry (fluidization) and pumping it alongshore is promising since the components of this method are already approved in existing permits. The addition of this method to the bid documents will require coordination with the regulatory agencies for construction approval. The CONSULTANT will assist with seeking authorization of a fluidizing construction method by coordinating with contractors, agencies and the County. A general sketch and description of fluidization construction method will be developed based on information obtained by the CONSULTANT from contractors that specialize in this type of work. The CONSULTANT will prepare letters for FDEP and USAGE describing the proposed construction method and informing them of the interpretation that these activities are currently within the scope of the existing permits. If the agencies do not agree that it's currently covered, the CONSULTANT will ask for their comments so that the County can consider options for permit modification. FDEP has indicated a permit modification may be needed, but this was based on preliminary information that will continue to be refined through contractor coordination, USACE's position on this construction method is unknown at this time, but the CONSULTANT will also supply them with the appropriate information to make a determination. Implementation of this method for CAC September 8,2016 VIII-2**New Business 28 of 4528 of 45 construction this year will be dependent upon the outcome of these discussions and coordination with the intent of inclusion in the bid documents. Task 2 - Beach Design, Construction Plans & Specifications Renourishment segments and quantities will be determined through coordination with the County. The work previously performed to update a long term erosion rate and nourishment volumes based on the January 2016 survey will be the starting point for this phase. The latest monitoring survey data will be used as the pre-construction condition for design of the fill placement areas. Fill placement will be concentrated in Vanderbilt, Pelican Bay and Park Shore project reaches. A needs-based design will be calculated using updated engineering spreadsheets with a revised long term erosion rate, to identify areas of need, based on the County's beach width standards and a three-year project life. The fill placement areas will be finalized through consultation with the Coastal Zone Management Department to meet County objectives and address physical restrictions such as hardbottom. The CONSULTANT will conduct calculations to generate a finalized design, including estimated fill volumes needed by reach and R-monument. These volumes will include sand needed to support the sand stock pile areas and covering of coastal structures as needed. Beach renourishment plans will be developed, including plan views and cross-sections of fill templates, information related to sand delivery locations, beach access, beach storage areas, environmental protection areas and other information required for construction of the truck haul beach renourishment project. The quantities will be based on the latest monitoring survey and priorities established by the County during the project design phase. The CONSULTANT will prepare technical specifications with an environmental protection summary that will define expectations, identify risks, resolve discrepancies, and comply with project permits. The CONSULTANT will integrate the Sediment QA/QC plan, turbidity standards, permit conditions and lessons learned from the 2013/14 project into the specifications. The CONSULTANT will prepare construction documents including construction plans and specifications necessary for bidding the renourishment project. Both alongshore truck transport and alongshore transport by fluidization will be specified as construction methods "A" and "B" for this project within the bid documents. The bidding contractor will have the option to bid on Option A, Option B, or both, in order to provide the County with the ability to compare costs of the two methods. The CONSULTANT will provide plans and specifications in Acrobat and Word format. 3. Renourishment Bidding Assistance & Agency NTP Coordination The CONSULTANT will assist the County in their lead of the bidding process. Once the construction plans and technical specifications are completed, the CONSULTANT will provide the County with a bid package containing: construction plans, technical specifications, project permits, bid form and contractor questionnaire (as appropriate). If requested, the CONSULTANT can provide an engineer's construction cost estimate. The CONSULTANT engineer will be available to attend the Pre-Bid Meeting and prepare a basic addendum, if needed. Once the bids have been opened, the CONSULTANT will assist the County in reviewing the bids and provide a recommendation to the County based on a review of the submitted bids, if needed. A-2 :" CAC September 8,2016 VIII-2*`New Business 29 of 4529 of 45 The CONSULTANT will simultaneously work with the agencies (FDEP and USACE) to utilize the new 15-year permits for this beach renourishment project. In support of acquiring a Notice to Proceed, the CONSULTANT will coordinate with FDEP and submit the following information: 1. Construction plans and specifications. 2. Updated Sediment QA/QC and/or physical monitoring plans (as necessary) 3. Turbidity monitoring qualifications. The names and qualifications of individuals identified by the County to perform water quality functions along with 24-hour contact information shall be submitted for approval. 4. Sand sample from the sand supplier. A copy of the plans and specifications will also be provided to the USACE in Fort Myers, FL. 4. Pre-, During, Post-Construction and Engineer of Record Services As the engineer of record, the CONSULTANT will conduct pre-, during- and post-construction tasks necessary for certification of the project. Before construction begins, the CONSULTANT will finalize the FDEP NTP requirements, notify USACE of project commencement and coordinate with the selected Contractor as required. The CONSULTANT engineer will attend the pre-construction meeting in person and additional team members will participate in the meeting via phone as necessary. The CONSULTANT will adjust the construction template once, prior to construction, if needed based on the results of the pre- construction survey collected by the CONSULTANT and in consultation with the County. During construction, the CONSULTANT will support the County's inspection efforts and perform weekly site visits to inspect the work at the beach and the sand mine. The CONSULTANT will provide a checklist to be used by County inspectors to monitor daily construction. It is expected that the County's inspectors will monitor the CONSULTANT's water quality reporting to FDEP and account for sand delivered on a daily basis for project tracking and payment. The CONSULTANT can assist with reviewing sand delivery quantities. Once a week, the CONSULTANT engineers will review the daily reports and consult on construction activities. The CONSULTANT will coordinate site visits to allow for in-person attendance at the construction progress meetings. During the CONSULTANT's site visits, we will spot check the project construction progress to determine if the CONSULTANT is in substantial compliance with both contract documents and project permits as well as collect photographic documentation of construction. The CONSULTANT will serve as the engineer of record for this project and will visit the site once during construction and once after construction is completed. After receipt of necessary project documentation, the engineer of record will prepare the project certification. Based largely on surveys, daily reports and observations made by the dredge contractor and County inspectors, the CONSULTANT will prepare a certification to supplement the annual monitoring report that is to be performed by others. During construction, samples representing the delivered material will be collected and visually inspected by County construction observers. As needed, samples will be archived or analyzed by a County or contractor contracted laboratory. Post-construction samples as prescribed in.,., CAC September 8,2016 VIII-2"New Business 30 of 4530 of 45 the sediment QA/QC plan will be collected by County or the CONSULTANT observers and analyzed by the County or contractor's contracted laboratory. The CONSULTANT will assist with compliance of the sediment QA/QC plan by incorporating the lab results into the post- construction certification to the agencies. The CONSULTANT will review in progress and final applications for payment and will make recommendations to the County. The annual monitoring survey and report is not part of this proposal. 5. Pelican Bay Design, Plans & Specifications, Bidding and Construction Services The CONSULTANT will perform the services described in Tasks 1, 2, 3 & 4 for Pelican Bay and the County beaches. Task 5 will be used to separate out costs associated with the work for the Pelican Bay portion of the larger renourishment project. These services in summary will include: beach design, preparation of construction plans, technical specifications, bidding assistance and agency coordination, and engineer of record services. A-4 CAC September 8,2016 VIII-2**New Business 31 of 4531 of 45 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention Of Harry Sells, 3299 East Tamiami Trail, Suite 103, Naples, FL 34112, (239) 252-4980. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. ITEM PHASE NOT TO EXCEED AMOUNT: 1 Alongshore Sand Transport Coordination $9,952.00 2 Beach Design, Construction Plans& Specifications $30,691.70 _ 3 Renourishment Bidding Assistance&Agency Coordination $12,362.70 4 Pre-, During-, Post-Construction and Engineer of Record Services $41,343.20 5 Pelican Bay Design, P&S, Bidding, and Construction Services $17,406.70 TOTAL FEE (Total Items 1-5) $111,756.30 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed B-I CAC September 8,2016 VIII-2"New Business 32 of 4532 of 45 under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner, Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 8.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2,1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. 8.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B-2 CAC September 8,2016 VIII-2**New Business 33 of 4533 of 45 B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: 5. B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. 6. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.5.1.6 Other items on request and approved in writing by the OWNER. 13-3 CAC September 8,2016 VIII-2"New Business 34 of 4534 of 45 ATTACHMENT 1 SCHEDULE B CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal $207.00 Senior Project Manager $173.00 Project Manager $148.00 Senior Engineer $158.00 Engineer $124.00 Senior Inspector $97.00 Inspector $77.00 Senior Planner $140.00 Planner $111.00 Senior Designer $115.00 Designer $95.00 Environmental Specialist $110.00 Senior Environmental Specialist $135.00 Scientist/Geologist $94.00 Senior Scientist/Geologist $119.00 Marine Biologist/Hydrogeologist $111.00 Senior Marine Biolggist/Hydrogeologist $139.00 Senior GIS Specialist $146.00 GIS Specialist $103.00 Clerical/Administrative $63.00 Senior Technician $86.00 Technician $73.00 Surveyor and Mapper $121.00 CAD Technician $82.00 Survey Crew- 2 man $136.00 Survey Crew- 3 man $172.00 Survey Crew-4 man $205.00 Senior Architect $155.00 Architect $122.00 The above hourly rates are applicable to Time and Materials task(s) only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant. Subconsultant fees are included in the Schedule B, Section B.2.1. Invoices for subconsultant services which have been provided on a Time and Materials basis shall include a reference to the appropriate phase at the time the invoice is submitted, along with the appropriate associated hourly rate. END OF SCHEDULE B. B-4 CAC September 8,2016 VIII-2**New Business 35 of 4535 of 45 SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Item/Task Description from Date of Notice to Proceed for Services under this Agreement Alongshore Sand Transport Coordination TBD 2 Beach Design, Construction Plans & TBD Specifications 3 Renourishment Bidding Assistance& TBD Agency Coordination 4 Pre-, During-, Post-Construction and TBD Engineer of Record Services 5 Pelican Bay Design, P&S, Bidding, and 365 Construction Services c-1 CAC September 8,2016 VIII-2"New Business 36 of 4536 of 45 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 CAC September 8,2016 VIII-2"New Business 37 of 4537 of 45 the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the ll-2 CAC September 8,2016 VIII-2**New Business 38 of 4538 of 45 CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the CONSULTANT to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Call Risk if yes for specifics D-3 CAC September 8,2016 VIII-2**New Business 39 of 4539 of 45 Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Call Risk if yes for specifics Applicable XNot Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? ,XYes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: Single Limit per Occurrence $300,000 Products/Completed Operations Aggregate $300,000 Aggregate $300,000 Single Limit per Occurrence $500,000 Products/Completed Operations Aggregate $500,000 Aggregate $500,000 X Single Limit per Occurrence $1,000,000 Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General D-4 .fie CAC September 8,2016 VIII-2"New Business 40 of 4540 of 45 Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Call Risk if yes for specifics Applicable X_ Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Call Risk if yes for specifics Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? _XYes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 D-5 CAC September 8,2016 VIII-2*`New Business 41 of 4541 of 45 _XBodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X.Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate _X_ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. D-6 CAC September 8,2016 VIII-2**New Business 42 of 4542 of 45 (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next D-7 CAC September 8,2016 VIII-2"New Business 43 of 4543 of 45 renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 .. nom{ CAC September 8,2016 VIII-2**New Business 44 of 4544 of 45 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the CONSULTANTs' Competitive Negotiation Act, Section 287.055, Florida Statutes, CB&I Environmental & Infrastructure, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning 2016 Beach Renourishment Design are accurate, complete and current as of the time of contracting. CB&I Environmental & Infrastructure, Inc. BY: TITLE: DATE: t-1 i CAC September 8,2016 VIII-2**New Business 45 of 4545 of 45 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Percentage of Name Title Work Thomas Pierro, PE Principal <5% Stephen Keehn, PE Senior Project Manager (EOR) 10% Tara Brenner, PG, El , Project Manager 30% Adam Harris Planner/ Coastal Eng. 1 30% Lauren Floyd Senior Marine Biologist 10% Angela Belden Senior GIS/CAD Specialist <5% Gary Krystyniak GIS/CAD Specialist 15% Mike Lowiec, PSM Surveyor& Mapper <5% Evan Cook Scientist/Surveyor I <5% Kristina McCoy, PG Senior Scientist/Geologist <5% Andrew Atchison Scientist/Geologist <5% Tracie McCauley Clerical/Administrative <5% F I ir` % CAC September 8,2016 VIII-3 New Business 1 of 2 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 upcoming beach re-nourishment 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. Distance in Delivered Delivered Price of sand Price of sand Mileage per Cubic per Ton Miles from total per price per price per Supplier Collier Ton (sand Cubic Yard Yard (as per (1.5 ton ($0.20/ (as per bid plus (sand plus bid sheet) tons/CY) ton) 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 the Vanderbilt and Park Shore beaches. 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 CAC September 8,2016 VIII-3 New Business 2 of 2 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 Steward Materials,Inc. and make 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 CAC September 8,2016 VIII-3*New Business 1 of 65 Collier County Administrative Services Department Procurement Services Duison 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 TI 1 Ea.t• 1 .z.rk1,1:4112 4— • #16-6658—Sand Supply 1 GlCurrent Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3`New Business 2 of 65 Invitation to Bid Index PUBLIC NOTICE 3 EXHIBIT I: SCOPE OF WORK,SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT LA: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 Z9 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 ITB Template_06132016 CAC September 8,2016 VIII-3`New Business 3 of 65 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.colliergov.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 ITB Template_06132016 CAC September 8,2016 VIII-3`New Business 4 of 65 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 Immokalee 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 a G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 5 of 65 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 Template_06132016 CAC September 8,2016 VIII-3`New Business 6 of 65 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 7 of 65 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 8 of 65 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 Template_06132016 CAC September 8,2016 VIII-3`New Business 9 of 65 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 10 of 65 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 Template_06132016 CAC September 8,2016 VIII-3`New Business 11 of 65 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.oro/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 Template_06132016 CAC September 8,2016 VIII-3*New Business 12 of 65 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 13 of 65 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.gpo.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://www.gpo.gov/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://wvvw.dotcrost.dot.dov/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 ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 14 of 65 Exhibit Ill: Standard Purchase Order Terms and Conditions 1. Offer actual receipt of the goods by the COUNTY This offer is subject to cancellation by the nonetheless remain with VENDOR. COUNTY without notice if not accepted by b) No charges will be paid by the COUNTY for VENDOR within fourteen (14) days of issuance. packing, crating or cartage unless otherwise specifically stated in this Purchase Order. 2. Acceptance and Confirmation Unless otherwise provided in Purchase This Purchase Order (including all documents Order, no invoices shall be issued nor attached to or referenced therein) constitutes payments made prior to delivery. Unless the entire agreement between the parties, unless freight and other charges are itemized, any otherwise specifically noted by the COUNTY on discount will be taken on the full amount of the face of this Purchase Order. Each delivery of invoice. goods and/or services received by the COUNTY c) All shipments of goods scheduled on the from VENDOR shall be deemed to be upon the same day via the same route must be terms and conditions contained in this Purchase consolidated. Each shipping container must Order. be consecutively numbered and marked to show this Purchase Order number. The No additional terms may be added and Purchase container and Purchase Order numbers must Order may not be changed except by written be indicated on bill of lading. Packing slips instrument executed by the COUNTY. VENDOR must show Purchase Order number and is deemed to be on notice that the COUNTY must be included on each package of less objects to any additional or different terms and than container load (LCL) shipments and/or conditions contained in any acknowledgment, with each car load of equipment. The invoice or other communication from VENDOR, COUNTY reserves the right to refuse or notwithstanding the COUNTY'S acceptance or return any shipment or equipment at payment for any delivery of goods and/or VENDOR'S expense that is not marked with services, or any similar act by VENDOR. Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any 3. Inspection shipment made under this Purchase Order All goods and/or services delivered hereunder and the full invoice value of such shipment. shall be received subject to the COUNTY'S d) All invoices must contain the Purchase Order inspection and approval and payment therefore number and any other specific information as shall not constitute acceptance. All payments are identified on the Purchase Order. Discounts subject to adjustment for shortage or rejection. of prompt payment will be computed from the All defective or nonconforming goods will be date of receipt of goods or from date of returned pursuant to VENDOR'S instruction at receipt of invoices, whichever is later. VENDOR'S expense. Payment will be made upon receipt of a proper invoice and in compliance with To the extent that a purchase order requires a Chapter 218, Fla. 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 G1Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 15 of 65 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 16 of 65 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 Purchase Order shall be governed by regulations relating thereto, as either may be a) This 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 Template_06132016 CAC September 8,2016 VIII-3*New Business 17 of 65 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 ITS Template_06132016 CAC September 8,2016 Collier County Government has authorized OSHA representatives to enter any Colnii3netAtgaity, 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 ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 19 of 65 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 CAC September 8,2016 rate), and for materials and equipment used in the project (cost of materials plus){he con 's 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(a�collierclerk.Com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices 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 CAC September 8,2016 ss payment under the legal doctrine of"laches" as untimely submitted. Time shall be cYAinM"6#965 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 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 of such self- insured retentions or deductibles and provide satisfactory evidence of Yi' nlitsibility 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 CAC September 8,2016 Bidder/Vendor does not comply with providing both the acceptable E-Verify eVYi eia i a e 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(cilcolliergov.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 G1Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 The Vendor will be responsible for obtaining copies of all required manuals, MUTC61,IfINvay & 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 CAC September 8,2016 VIII-3*New Business 25 of 65 Co(Ler County Administrative Services Department Procurement Seryces Division Attachment 1: Vendor's Non-Response Statement 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. 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. U Insufficient time allowed for preparation of response. �I 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: #16-6658—Sand Supply 25 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3`New Business 26 of 65 Colter County Administrative Services Department Procurement Services Dvision 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: 06/27/2016; 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. Co pany loam t.� Signzture &Title Date #16-6658—Sand Supply 26 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 27 of 65 Caber Cori.vtty Administrative Services Department Proctirernent Services Di Asian Attachment 3: Vendor Response Form ID FROM: { - 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-( 6, ,S1 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 YrDryt (rye_lit 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 CAC September 8,2016 IN WITNESS WHEREOF, WE have hereunto subscribed our names on this dayV R3 New 2o>Business6v 2010 in the County of , in the State of a Firm's Complete Legal Name ..,)`t ,,.u,t.,Ly3 •i��" , '�`' :a a= �, � � ('t ,"`���1�)„���l.. 1' l("ti ,.ti {fiF�ti j 'r+ Firm's Dun and Bradstreet 0 S - � U ( • Number (DUNS) (Found at www.dnb.com) CCR# or CAGE Code (Found at www.ccr.gov) _r Florida Certificate of Authority ti , (-O (31 Document Number (http://www.sunbiz.org) ) �a Federal Tax Identification ' 0 �'� 0 Number :11�- Address n (' fi :s t' \ t r l i .0 1:. 0 City, State, Zip •Y - 3.7 Telephone Number FAX Number Check one of the following: ❑ Sole Proprietorship El-torp or P.A. State of f ❑ Limited Partnership ❑ General Part shi. Signature /Title Type Name of Signature ` { Date ,_.2,,/7/ .r-e(:)- 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 CAC September 8,2016 VIII-3`New Business 29 of 65 ' oifie-r County AdministrativeServices Department Procurement Sennces D rasion 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/ Bidder's proposal. Company Name . Print Name `.'. °'- "� Title Signature �----' Date /. � State of County of The foregoing instrument was signed and acknowledged before me this ';r—) day of 1111-(1,, 20 The, by �, who bt CLUZed ;- t�'�t t�''� I /1--L`?0"*.identification. (Print or Type Nae) (Type of Identification and Number) A � V( i Mo}ary Public Signatur } t . LAURA A.PER140 C0m8+iss10#FF 977205 Expires Printed Name of Notary Public .,„„* %MedNu o8,2020 '�,,.,�'' Bonded Nu Troy Fain Manta 806486.70t9 Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #16-6658—Sand Supply 29 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 30 of 65 Cower 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 Lx e '',t PI I- ....E t-1,..`i-‹.,t,. I ���,r. `- (' -c_ , (as shown on income tax return) Business Name (if different frorj taxpayer name) n , .•- f "i. I I, t _., , ., ,,.�. Address ,�2' /'", i,'.;:A a City .i State H Zip ,�"rt '.� , -E FAX " Email r. +`�;'� i.i ', . Telephone � �� Order Information Remit/Payment Iformation r Address e-�D f i,__,G t ;fit' / wt.��,. 1Y> �1l_ : ,t ; z' ( � J�1 Address, �,ill-II{ �� ,t 1 .1.r‘ City ,r, '` t`r , k'',I FAX FAX 'C.' - r) , ✓ 44i0i Email i ft?Y�t 6 Ci _11. i �:.:'`I)( Afti113l`r ' t ? Email 1, t/ iY {g 1,011(' Pi,,�;f't`-e.r`"tt __,(`,)17 t, t`';01 111)( 2. Company Status (check only one) _Individual/Sole Proprietor -Corporation __Partnership Tax Exempt(Federal income tax-exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) b c" 0 Lo`-I t `� ` (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 _-// /---'"_ - Date Title ` Phone Number.:--;;L,.1----1) -"/t r7 #16-6658—Sand Supply 30 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3`New Business 31 of 65 Caber County Administrative Ser ices 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 Contractor/Vendor/ Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ❑Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: D United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence #16-6658—Sand Supply 31 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 32 of 65 0 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. 0 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. /1 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. Z. 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 1' f 1rZ l.- � 1"f,,. `i ,. Date -U t �'• t., ti , T Vendor Signature Print Name -tI - «s . , -110 Insurance Agency ' �' ` ,„„x. °�' Agent Name S ? Telephone Number f ` #16-6658—Sand Supply 32 G\Current Solicitations—Template\Grant Funded ITB Template_06132016 CAC September 8,2016 VIII-3*New Business 33 of 65 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. CAC September 8,2016 VIII-3`New Business 34 of 65 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 1(a)above. If termination for default is effected by the local government,an equitable adjustment in the price for this contract shall be made,but no amount shall be allowed for anticipated profit on unperformed services or other work,and any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government,the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for 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 CAC September 8,2016 VIII-3*New Business 35 of 65 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 CAC September 8,2016 VIII-3`New Business 36 of 65 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 a and the State of Florida at 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 CAC September 8,2016 VIII-3*New Business 37 of 65 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 penalty 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 CAC September 8,2016 VIII-3*New Business 38 of 65 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 CAC September 8,2016 VIII-3`New Business 39 of 65 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(1)(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. K.( if-A-f U i ✓Cry ` Name Project Name Title Project Number - f ,f Firm Tax ID Number DUNS Number u � (,i�i..1 l�- � �'�"' 4,.._, ate. if" ..)".;i:' t {i } Street Address, ity, State,Zip Signature 02/15 83 CAC September 6,2016 VIII-3`New Business 40 of 65 Exhibit I B: Supplemental General Grant Terms and Conditions CFDA 97.036 COLLIER COUNTY Vendor Submittal—Conflict of Interest Certification Ip - Cp 5 Collier County Solicitation No. I �. ,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. 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 CAC September 8,2016 VIII-3*New Business 41 of 65 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 PRIMENAMEPRIME FEID NUMBER CONTRACT DOLLAR AMOUNT --�.4,1. I j I)_ f ., t t-- }n r? ^^ 4 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, VETERAN? Y rN J IS THE ACTIVITY OF THIS CO TRACT, MINORITY OR WOMEN BUSINESS ENTERPRISE DBE? Y (lN CONSTRUCTION? Y )f N (DBE/MBE/WBE)? OR HAVE A SMALL DISADVANTAGED MBE? Y CONSULTATION? Y N BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS ADMINISTRATION? OR A SERVICE DISABLED VETERAN? WBE? Y ,� -�v OTHER? Y N SDBBA? Y (t N ), IS THIS SUBMISSION A REVISION? Y (+N .) IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO ISA DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE,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 ef ?/ -' E.0 EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER t t I ( jx�� Y t P ^`; hIL.. -�'" r111)lP. "ll il �ku t�f�`� jJ I tiF 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 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT S(IFB/RFP or PO/REOJ GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE 0Q/15 R3 CAC September 8,2016 VIII-3*New Business 42 of 65 Exhibit I B: Supplemental General Grant Terms and Conditions CFDA 97.036 pID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES it is the pdiiisy of Coi'Yen County...hot c'sdcitiont'cried businesses cn:1 minority vein dors„os def red in toe Code of Faders l Reguic7.,ons(OFR)Cr ;or;dc Statutes iT5),must haiie the ooccrtunity to ppiTiSIOCti on sontrosts with federoi crid/or stare;Tont sissisronce. Prime Contractor/Prime Consu tent: ..1Te.... -) ,.1:- „:C. vl 0,f; i-- Lr k,-._--13,-r- --i-i- L;.1 7,7).,::.`”) Address and Phone Number: T;i1-0 iJi ir', r 1 V-1, , .., 1 PrOCI.IreMent,NumberlAdi..entiseritent Number: The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above. The!ist must int udei the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation. Poole contractors and consdtants must provide information for Numbers 1,2,3,and a:and,should pro,,ide any information they have for Numbers 5,5,7,and C. This form must be submitted with the bid package. 1. Federal Tex ID Number: ii.!.2S11:-.t''iii:,,,j- 4c ,. .E DBE 3. Annual Gross Receipts 2. Firm Name: -5.J0t..0i':::t ti' ', N, 'Z',V,,,'0;1::„...3 ,'',:l, :,,,( Noi.DBE Less than 5,1 mii lion —. 3. Phone N umbar !'-'Y,,,t- '1-A`','• '. (..f,-%,„1'3 Between 5 1-5 million --. 4.Address ,;'7:.';'-..3--4--L%e tele,r- ParLbr.. !1 D 0 Between 5 5-10 million — tr; l i'; , .j.-i-riLii!,. 7.."..... .5:Jr.:0ontractor Between 5 10-15 mildon — --A ‘ 5uro00nsuitant more than 5 15 m..iton -.... ...- 5. sear Porn Established: '1 (.) 1. Federa!Tax ID Number 6. DBE Z. Annual Gross Receipts -.... — 2. firm Name: Non-DBE Leos than 51 mon .--. 3. Phone ribrnbertBetween 5 1-5 mucin 4. AddressBetween 5 5-10 miiiion 5titcontracor Between 5 10-15 mi Acid Lusconsultant More than 5 15 miiiion ....... 5.Year Firm Established. 1. Federal Tax ID Number: 6 E DBE Z. Annual Gross Receipts 2. Porn Name: Non-DBE Less than 01 million —. 3. Phone Number: Between;1-5 ntion --. .1. AddressBetween 5 5-10 0,,lion 7. 5uOcortractor '---"'Bety,ien 5 10-15 miiiion —..... SubconsuIant More than 5 5501:I lion — 5. Year Firm Es-tablishe.d i 1. Federal Tax ID Number: 6. DBE C. Annual Gross Receipts 2. Porn Name: Non-DBE Less than 0 1 mi!lion — 3. Phone Numbar5at'ween 5 1-5 millon —,... 4, AddressBetween 5 3-10 m,Licn ..—. 7.E 5u:contractor 5etween 5 10-15 mil'ion —. Succonsuitant More than 5 13 ms lion 5. r4iarf irm Established: 5 R3 CAC September 8,2016 VIII-3*New Business 43 of 65 Exhibit I B: Supplemental General Grant Terms and Conditions CFDA 97.036 COLLIER COUNTY Certification Regarding Lobbying The undersigned — (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.] ` The Vendor/Contractor, -.:.r ' l.t� C-' "' 0'1 t` t Cso, 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. \,J It/ _ ,t;'i:', Name of Authorized Official Title Signature of Vendor/Contractor's Authorized Official f�f Date 02/15 R3 CAC September 8,2016 VIII-3*New Business 44 of 65 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—(l) 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). c C s - - wf: — -- — C E Certifying Offi at Title • Signature Date 02/15 R3 CAC September 8,2016 VIII-3`New Business 45 of 65 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). Vendor/Contractor Name vl •• ' r �� � Date 6:7,- Authorized �� Authorized Signature G� r - Address —. ‘ . . Solicitation/Contract# 1( — Cry 02/15 R3 CAC September 8,2016 VIII-3`New Business 46 of 65 Exhibit V: Technical Specifications COLLIER COUNTY,FLORIDA UPLAND SAND SOURCING MAY 2016 TECHNICAL SPECIFICATIONS DRAFT 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 CAC September 8,2016 VIII-3*New Business 47 of 65 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-11 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 CAC September 8,2016 VIII-3`New Business 48 of 65 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-I2 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-11 LIST OF APPENDICES I 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 CAC September 8,2016 VIII-3*New Business 49 of 65 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 Immokalee 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 CAC September 8,2016 VIII-3*New Business 50 of 65 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. BONITA BEACH RD s, i m It, K !I I 1 Irl 111TH AVE N ^_ _ _ (.; -77 j R.I:AOKALEE RD 1 w2 I i 1 'pCf.. .I Il I x Y:1l1DER81L7 BEACH RD to I s x 8 v'a s im • PINE RIDGE RDI a 1 1 $ { _ �, } t GREEN BLVD I I GOLDEN GATE PIIWY I _.� RADIO RD .,,...2 Napleas! _ DAVIS BLVD C 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 CAC September 8,2016 VIII-3*New Business 51 of 65 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 CAC September 8,2016 VIII-3*New Business 52 of 65 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 (USAGE) permit for placing material on TP-4 CAC September 8,2016 VIII-3*New Business 53 of 65 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 CAC September 8,2016 VIII-3"New Business 54 of 65 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 CAC September 8,2016 VIII-3"New Business 55 of 65 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 CAC September 8,2016 VIII-3`New Business 56 of 65 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 he 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 CAC September 8,2016 VIII-3*New Business 57 of 65 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 CAC September 8,2016 VIII-3`New Business 58 of 65 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 he 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 (FWS) 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-10 CAC September 8,2016 VIII-3*New Business 59 of 65 Ig 0 0 $ CemeX CEN!M T'r c g Lake Wales rot K c a';cCCan $ tP•t•••, titto CCHIPi1', C0411.11 HIIr St3OR0110t Itil>IAN rriVlN ('C4.1 t1 iY COUNTY 1200000- -1200000 1.100A1CL V11(0.11 .:10JN0' CI 1111Th' CHtOIl L. t:OU'l Pr 111(3111..RC1101 r,:ouo rY u1,sa ro ;AP A01)00 (.1.11 IY 1000000 -1000000 td.ACWS 1101001 t)I IS �.c+11r1n' Vulcan *Witherspoon 01.1. Of r ...ar: I.1>r Art,, N ^600000h r p girt Stewart Hto-lo�iY 800000- / Immokalee t),INI i i'R..1,1115.5(.i'x lIcolCorksctew cnurlrs I,IIa Route (t 1111.11 0 50,000 100.000 Feet b 1-75 I11PI, MIt' ,en 100 005 reit rY -600000 o 25"5 o $ mcii V 10 RCP Notes: Legend: 1 Within Lee and Hendry County trucks must use *Mines Panther Focus Area highlighted 1-75 SR-29 or AlicolCork0crew Route =Allowable Primary Zone 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) Pnmary 3 Background imagery is the ESRI 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 ANI) 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 CAC September 8,2016 VIII-3*New Business 60 of 65 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 lmmokalee, 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 11. 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 11 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 Percent Munsell "Moisture Source Product Grain SortingEinesColor Content Size Value Stewart Immokalee, Beach Vulcan Witherspoon Quality 0.32 - <1.Oph. 0.8% 7 or <8% or CEMEX Lake 0.38mm lighter Wales mines Sand 'L Not Greater Than. TP-12 CAC September 8,2016 VIII-3`New Business 61 of 65 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#d sieve I% Munsell Color Value moist Value(chroma= 1) 7 or lighter Mean Grain Size Range Mean calculated by moment .30mm-.50mm method The beach till 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-I3 CAC September 8,2016 VIII-3*New Business 62 of 65 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 I1) and to be certified by a Professional Geologist (PG) or Professional Engineer (PE) licensed in the state of Florida. Durinc Production at the Mine: Sieve analysis— 1 sample/4.500 tons(1 sample/3,000 cy) Carbonate content— I 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.E 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 CAC September 8,2016 VIII-3*New Business 63 of 65 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: 1. 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 CAC September 8,2016 VIII-3"New Business 64 of 65 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 CAC September 8,2016 VIII-3`New Business 65 of 65 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 L!1 LII N r- M Lf1 •• N - m U fu 0 O Z O 0 a, OD ro U U l0 0_ .� O ++ o 411 00 N N N N N N C c >- >- >- >- >- >- U _ N in2 co >. d Ln fl- vi 0 Et `° , ca 0 O CO C w p LC) „f°, 4.10 r-I v CU W CD QJ CV CD O C cvl >- >- >- >- >- > N i RI ^ \ t" m co C v m L cmI. a O '> v — N c13 co n' c u C � Q v' a +� 0_ �, M- c 0CU a F"— L_ U N O v cr'i U O ' .= 0 - N 03 o 2 Z m Cr i. v) C i I s_ 0E 4t CJ O i- CO O b.0 }, i v a a m > m > _ C7 <i CB&I Environmental & Infrastructure, Inc. 2481 NW Boca Raton Blvd. 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 $0.20/mile/cY. To more accurately compare the bids, CB&I has prepared the following table based on information provided by the bidders. Price of Sand per Distance in Miles Cubic Yard Price of Sand per Ton from Collier Mileage 0 toper Delivered per Ton (as per bid sheet) (assume 1.5 ton/CY) (as per bid sheets) ($ TO/ ) ( d puspe 48 $9.60 $18.60 Stewart Materials,Inc.Immokalee $13.50 $9.00 80 $9.60 $24.00 Vulcan Material Company $12.00 $8.00 Shorter haul distance combined with theirprice CB&lmakes recommends aMining ward the the lowest bidder most economical bidder when considering the price of delivered sand. Stewart Mining Industries. Very truly yours, 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 JCIJ e111VC1 0,LU 10 VIII-4 New Business 1 of 2 EXECUTIVE SUMMARY Recommendation to reject the sole response received to RFP #16-6650 for Hardbottom Monitoring for the Coastal Zone Management, Capital Project Planning, Impact Fee and Program Management Division; authorize the County Manager to enter into a standard form Work Order by utilizing the competitively bid Coastal Zone Management Contract (15-6382) with CBI/Coastal Planning and Engineering for a Not-to-Exceed Time and Material price of $147,150; and make a finding that this item promotes tourism,Project No. 90033. OBJECTIVE: To reject the sole response received from Request for Proposal (RFP) 16-6650 and to utilize, instead, the competitively bid Coastal Zone Management Contract (15-6382) with CBI/Coastal Planning and Engineering for a Not-to-Exceed Time and Material price of $147,150 to perform near shore Biological Monitoring as required by state and federal permit and requiring completion by September 30, 2016. CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP) and the United States Army Corps of Engineers require near shore Biological Monitoring to be performed on a yearly basis to assure that beach renourishment sand has not migrated onto the near shore coral outcropping off thto be ed during e summer e cthe f Collier Cxico . This work is underwater visibility is greatest. Field work mustebetcompleted acdearly fall cording to when the Gulf of Mexico permit by September 30, 2016. RFP 16-6650 for Hardbottom Monitoring was posted on June 16th, 2016. Email notices were sent to 1,648 vendors, 47 solicitations were downloaded. CBI/Coastal Planning and Engineering (CBI) was the only vendor who responded and submitted their firm's qualifications for evaluation. CBI is currently under a competitively bid contract (15-6382) with Collier County. This existing contract can be utilized to procure this monitoring work, and staff is recommending this approach. Staff sought additional competition in the market with RFP #16-6650, but none was received. CBI is sufficiently familiar with the scope of this project and has performed the majority of Biological Monitoring for Collier County in the past. The scope and price of this work is consistent with past monitoring events. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funding in the amount of$147,150, is available in the Tourist Development Tax Fund 195,Project No. 90033 New Shore Hard Bottom Monitoring. A cost share FDEP funding reimbursement will be solicited for this project. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. —CMG RECOMMENDATION: Reject the sole response received to RFP #16-6650 for Hardbottom Monitoring for the Coastal Zone Management, Capital Project Planning, Impact Fee and Program Management Division; authorize the County Manager to enter into a standard form Work Order by utilizing the competitively bid Coastal Zone Management Contract(15-6382) with CBI/Coastal Planning V/-v.. . JICI IIUCI 0,LU 10 VIII-4 New Business 2 of 2 and Engineering for a Not-to-Exceed Time and Material price of$147,150; and make a finding that this item promotes tourism. Prepared by: J. Gary McAlpin—Coastal Zone Management Attachments: CBI Hardbottom Monitoring proposal dated August 3, 2016 CAC September 8,2016 VIII-5 New Business 1 of 85 COc. ger County Admin!strative Services Department Psoc c c,.,t'.)r cx — :t.vl i 2016 Beach Renourishment— Hauling and Placement COLLIER COUNTY BID NO. 16-7009 COLLIER COUNTY, FLORIDA (CDFA 37.036) Adam Northrup, Procurement Strategist Email: adamnorthrup@colliergov.net Telephone: (239) 252- 6098 FAX: (239) 252 - 6302 Design Professional: CB&I Environmental &Infrastructure, Inc. • ir • V.1 st 1 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 2 of 85 TABLE OF CONTENTS PUBLIC NOTICE 3 PART B -INSTRUCTIONS TO BIDDERS 5 CONSTRUCTION BID 12 BID SCHEDULE ERROR! BOOKMARK NOT DEFINED. MATERIAL MANUFACTURERS 15 LIST OF MAJOR SUBCONTRACTORS 16 STATEMENT OF EXPERIENCE OF BIDDER 17 TRENCH SAFETY ACT 18 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 19 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9 20 BID BOND 24 BIDDERS CHECK LIST 25 CONSTRUCTION AGREEMENT 26 EXHIBIT A 1: PUBLIC PAYMENT BOND 33 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 36 EXHIBIT B: INSURANCE REQUIREMENTS 39 INSURANCE AND BONDING REQUIREMENTS 41 EXHIBIT C: RELEASE AND AFFIDAVIT FORM 43 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT 45 EXHIBIT E: CHANGE ORDER 46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION 47 EXHIBIT G: FINAL PAYMENT CHECKLIST 49 EXHIBIT H: GENERAL TERMS AND CONDITIONS 51 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS 80 EXHIBIT J: TECHNICAL SPECIFICATIONS 81 EXHIBIT K: PERMITS 82 EXHIBIT L: STANDARD DETAILS 83 EXHIBIT M: PLANS AND SPECIFICATIONS 84 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT 85 2 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 3 of 85 Go e'Y Gio i vrty Aim n stat, e Ser.ces De;,artPwit PUBLIC NOTICE INVITATION TO BID Beach Renourishment—Hauling and Placement COUNTY BID NO. 16-7009 Separate sealed bids for the construction of Beach Renourishment — Hauling and Placement, addressed to Ms. Allison Kearns, Interim Director, Procurement Services, will be received at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112, until 2:30 P.M. LOCAL TIME, on the 10 day of 11, at which time all bids will be publicly opened and read aloud. Any bids received after the time and date specified will not be accepted and shall be returned unopened to the Bidder. The anticipated project budget is: $insert dollar. A non-mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 13 a.m. LOCAL TIME on the 14 day of 15, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Sealed envelopes containing bids shall be marked or endorsed "Bid for Collier County Government, Collier County, Beach Renourishment — Hauling and Placement Bid No. 16-7009 and Bid Date of 18". No bid shall be considered unless it is made on an unaltered Bid form which is included in the Bidding Documents. The Bid Schedule shall be removed from the Bidding Documents prior to submittal. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: www.collierdov.net/bid. Copies of the Bidding Documents may be obtained only from the denoted website. Bidding Documents obtained from sources other than the Collier County Procurement Services Division website may not be accurate or current. Each bid shall be accompanied by a certified or cashiers check or a Bid Bond in an amount not less than five percent (5%) of the total Bid to be retained as liquidated damages in the event the Successful Bidder fails to execute the Agreement and file the required bonds and insurance within ten (10) calendar days after the receipt of the Notice of Award. The Successful Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Successful Bidder shall be required to furnish the necessary Payment and Performance Bonds, as prescribed in the General Conditions of the Contract Documents. All Bid Bonds, Payment and Performance Bonds, Insurance Contracts and Certificates of Insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having its place of business in the State of Florida. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Florida. Attorneys-in-fact that sign Bid Bonds or Payment and Performance Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. 3 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 4 of 85 In order to perform public work, the Successful Bidder shall, as applicable, hold or obtain such contractor's and business licenses, certifications and registrations as required by State statutes and County ordinances. Before a contract will be awarded for the Work contemplated herein, the Owner shall conduct such investigations as it deems necessary to determine the performance record and ability of the apparent low Bidder to perform the size and type of work specified in the Bidding Documents. Upon request, the Bidder shall submit such information as deemed necessary by the Owner to evaluate the Bidder's qualifications. The Successful Bidder shall be required to finally complete all Work within sixty (60) calendar days from and after the Commencement Date specified in the Notice to Proceed. The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents, and to postpone the award of the contract for a period of time which, however, shall not extend beyond one hundred twenty (120) days from the bid opening date without the consent of the Successful Bidder. Dated this 21 day of 22. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Allison Kearns Interim Director, Procurement Services Division 4 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 5 of 85 PART B-INSTRUCTIONS TO BIDDERS Section 1. Definitions 1.1 The term "Owner" used herein refers to the Board of County Commissioners, or its duly authorized representative. 1.2 The term "Project Manager" used herein refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. 1.3 The term "Design Professional" refers to the licensed professional engineer or architect who is in privity with the Owner for the purpose of designing and/or monitoring the construction of the project. At the Owner's discretion, any or all duties of the Design Professional referenced in the Contract Documents may be assumed at any time by the Project Manager on behalf of the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any of his/her duties specified in the Contract Documents to the Design Professional. 1.4 The term "Bidder" used herein means one who submits a bid directly to the Owner in response to this solicitation. 1.5 The term "Successful Bidder" means the lowest qualified, responsible and responsive Bidder who is awarded the contract by the Board of County Commissioners, on the basis of the Owner's evaluation. 1.6 The term "Bidding Documents" includes the Legal Advertisement, these Instructions to Bidders, the Bid Schedule and the Contract Documents as defined in the Agreement. 1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents, properly signed, providing the Owner a proposed cost for providing the services required in the Bidding Documents. Section 2. Preparation of Bids 2.1 The Bids must be submitted on the standard form herein furnished by the Owner pages 12 — 25 as bound in these Bidding Documents). By submitting a Bid, Bidder acknowledges and agrees that it shall execute the Agreement in the form attached hereto and incorporated herein. The Bidder shall complete the Bid in ink or by typewriter and shall sign the Bid correctly. Bid Schedules submitted on disk/CD shall be accompanied by a hard copy of the completed Bid Schedule which shall be signed and dated by the Bidder. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted in sealed envelopes, marked with the Bid Number, Project Name and Bid opening Date and Time, and shall be addressed to the Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. If forwarded by mail, the sealed envelope containing the Bid must be enclosed in another sealed envelope addressed as above. Bids received at the location specified herein after the time specified for bid opening will be returned to the bidder unopened and shall not be considered. 5 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 6 of 85 Section 3. Bid Deposit Requirements 3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be accompanied by a cashiers check, a cash bond posted with the County Clerk, a certified check payable to Owner on some bank or trust company located in the State of Florida insured by the Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the bidder's maximum possible award (base bid plus all add alternates) (collectively referred to herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages if the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails to deliver the required Performance and Payment Bonds or Certificates of Insurance, all within ten (10) calendar days after receipt of the Notice of Award. Bid Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to Owner upon said bond. Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been executed by the Successful Bidder and same has been delivered to Owner together with the required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the respective Bidders. All other Bid Deposits shall be released within ten (10) working days of the Bid Opening. No Bid including alternates, shall be withdrawn within one hundred and twenty (120) days after the public opening thereof. If a Bid is not accepted within said time period it shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the Owner awards the contract prior to the expiration of the 120 day period without selecting any or all alternates, the Owner shall retain the right to subsequently award to the Successful Bidder said alternates at a later time but no later than 120 days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute five (5) copies of the Agreement in the form attached and deliver same to Owner within the time period noted above. The Owner shall execute all copies and return one fully executed copy of the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful Bidder unless any governmental agency having funding control over the Project requires additional time, in which event the Owner shall have such additional time to execute the Agreement as may be reasonably necessary. Section 4. Right to Reject Bids 4.1 The Owner reserves the right to reject any and all Bids or to waive informalities and negotiate with the apparent lowest, qualified Bidder to such extent as may be necessary for budgetary reasons. 4.2 Bids submitted by a corporation must be executed in the corporate name by the president, a vice president, or duly authorized representative. The corporate address and state of incorporation must be shown below the signature. 4.3 Bids by a partnership must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below said signature. 4.4 If Bidder is an individual, his or her signature shall be inscribed. 6 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 7 of 85 4.5 If signature is by an agent or other than an officer of corporation or general partner of partnership, a properly notarized power of attorney must be submitted with the Bid. 4.6 All Bids shall have names typed or printed below all signatures. 4.7 All Bids shall state the Bidder's contractor license number. 4.8 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 5. Withdrawal of Bids Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the opening of Bids, provided that the withdrawal is requested in writing, properly executed by the Bidder and received by Owner prior to Bid Opening. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid prior to the time specified for Bid opening. Section 6. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 7. Interpretation of Contract Documents 7.1 No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing, addressed to the Procurement Services Division, to be given consideration. All such requests for interpretations or clarification must be received at least ten (10) calendar days prior to the Bid opening date. Any and all such interpretations and supplemental instructions shall be in the form of written addendum which, if issued, shall be sent by mail or fax to all known Bidders at their respective addresses furnished for such purposes no later than three (3) working days prior to the date fixed for the opening of Bids. Such written addenda shall be binding on Bidder and shall become a part of the Bidding Documents. 7.2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it has received all addenda issued and it shall acknowledge same in its Bid. 7.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre-Bid Conference is non-mandatory. Section 8. Examination of Site and Contract Documents 8.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; 7 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 8 of 85 c. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of Bidding documents. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to these Bidding Documents as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the Successful Bidder, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 8.2 The Owner will make copies of surveys and reports performed in conjunction with this Project available to any Bidder requesting them at cost; provided, however, the Owner does not warrant or represent to any Bidder either the completeness or accuracy of any such surveys and reports. Before submitting its Bid, each Bidder shall, at its own expense, make such additional surveys and investigations as may be necessary to determine its Bid price for the performance of the Work within the terms of the Bidding Documents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. Section 9. Material Requirements It is the intention of these Bidding Documents to identify standard materials. When space is provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in the Project. The Owner may declare any Bid non-responsive or irregular if such materials are not specifically named by Bidder. Section 10. Bid Quantities 10.1 Quantities given in the Bid Schedule, while estimated from the best information available, are approximate only. Payment for unit price items shall be based on the actual number of units installed for the Work. Bids shall be compared on the basis of number of units stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be multiplied by the bid quantities for the total Bid price. Any Bid not conforming to this requirement may be rejected. Special attention to all Bidders is called to this provision, because if conditions make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such increased or decreased quantities. Compensation for such additive or subtractive changes in the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to re-negotiate any unit price(s) where the actual quantity varies by more than 25% from the estimate at the time of bid. 10.2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed requirement of the bid invitation to provide pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted price may be the basis for the rejection of the submitted bid response. 8 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 9 of 85 Section 11. Award of Contract 11.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid invitation (including the form of the bid documents or bid procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then current Procurement Ordinance and policies. 11.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and qualified Bidder determined by the base bid, and any, or all, selected alternates, and the Owner's investigations of the Bidder. In determining the lowest, responsive and qualified bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely and responsible manner. When the contract is awarded by Owner, such award shall be evidenced by a written Notice of Award, signed by a Procurement professional of the Owner's Procurement Services Division or his or her designee and delivered to the intended awardee or mailed to awardee at the business address shown in the Bid. 11.3 Award recommendations will be posted outside the offices of the Procurement Services Division generally on Wednesdays or Thursdays prior to the presentation to the Board of County Commissioners. Award of Contract will be made by the Board of County Commissioners in public session. Any actual or prospective bidder who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest, said protest to strictly comply with Owner's then current Procurement Ordinance and policies. A copy of the Procurement Ordinance and policies is available at http://www.colliergov.net/Index.aspx?page=762. 11.4 For Bidders who may wish to receive copies of Bids after the Bid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 11.4 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. Section 12. Sales Tax 12.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. 9 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 10 of 85 Section 13. Exclusion of County Permits in Bid Prices 13.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid Disclosure Act", Collier County will pay the Contractor for all Collier County permits and fees applicable to the Project, including license fees, permit fees, impact fees or inspection fees applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the responsibility to initiate and complete all necessary and appropriate actions to obtain the required permits other than payment for the items identified in this section. Owner will not be obligated to pay for any permits obtained by Subcontractors. 13.2 The Successful Bidder shall be responsible for procuring and paying for all necessary permits not issued by Collier County pursuant to the prosecution of the work. Section 14. Use of Subcontractors 14.1 To ensure the Work contemplated by the Contract Documents is performed in a professional and timely manner, all Subcontractors performing any portion of the work on this Project shall be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements and has the integrity and reliability to assure good faith performance. A Subcontractor's disqualification from bidding by the Owner, or other public contracting entity within the past twelve months shall be considered by the Owner when determining whether the Subcontractors are "qualified." 14.2 The Owner may consider the past performance and capability of a Subcontractor when evaluating the ability, capacity and skill of the Bidder and its ability to perform the Agreement within the time required. Owner reserves the right to disqualify a Bidder who includes Subcontractors in its bid offer which are not "qualified" or who do not meet the legal requirements applicable to and necessitated by this Agreement. 14.3 The Owner may reject all bids proposing the use of any subcontractors who have been disqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes by any public contracting entity, or who has exhibited an inability to perform through any other means. 14.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidders shall identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of Subcontracts attached hereto, said list to be submitted with its bid. Bidders acknowledge and agree that the subcontractors identified on the list is not a complete list of the subcontractors to be used on the Project, but rather only the major subcontractors for each category of Work as established by Owner. Bidders further acknowledge that once there is an Award of Contract, the Successful Bidder shall identify, subject to Owner's review and approval, all the subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor shall be removed or replaced without Owner's prior written approval. Section 15. Prohibition of Gifts No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative 10 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 11 of 85 Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a response. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from solicitation closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this solicitation, or the vendor's response, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. Section 17. Public Entity Crimes By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity'; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 11 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 12 of 85 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 2016 Beach Renourishment— Hauling and Placement BID NO. 16-7009 Full Name of Bidder Main Business Address Place of Business Telephone No. Fax No. State Contractor's License # State of Florida Certificate of Authority Document Number Federal Tax Identification Number DUNS # CCR# Cage Code To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: Unit prices shall be provided in no more than two decimal points, and in the case where further decimal points are inadvertently provided, rounding to two decimal points will be conducted by Procurement staff. NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. 12 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 13 of 85 BID SCHEDULE 2016 Beach Renourishment— Hauling and Placement Bid No. 16-7009 It is in the best interest of the County to complete beach renourishment activities in as quick and safe method as possible to limit the impact on citizens and County tourism. The County will take this into consideration when awarding the bid. The County will award to the lowest, qualified, responsive vendor on bid section #1, Marco Island. In bid section #2, North County Beaches, the County will award to the lowest, qualified, responsive vendor on either bid option 1 Terrain Trucks or bid option 2 Sand Fluidization, depending on budget availability, time to complete project, safety and impact on County citizens. Interested contractors are allowed to submit pricing for one or both methods of placement for Bid #2 (fluidization and rough terrain trucks), but are strongly encouraged to submit pricing for both methods. Bid #1: Tropical Storm Debby: Marco Island Truckhaul Project ItemUnit Total UOM Quantity Price# Description Price 1 Mobilization/Demobilization Task 1 $ $ Marco Island Construction:Transport, Fill $ $ 2 Placement, Grading and Sand Analysis Tons 19,842 3 Monitoring Turbidity& Physical Surveys Task 1 $ $ 4 Maintenance of Traffic and Weight Ticket Tracking Task 1 $ $ 5 TOTAL Can your organization complete the work by the stated deadline of 12/31/16, assuming YES NO a start date of xx/xx/xxxx? 13 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 14 of 85 Bid #2: North County Beaches Delivery and Distribution Option 1: Terrain Option 2: Sand Trucks Fluidization ItemUOM Quantity Unit Total Unit Total # Description Price Price Price Price 1 Mobilization/Demobilization Task 1 $ $ $ $ Vanderbilt Construction:Transport, $ Fill Placement, Grading and Sand $ $ $ 2 Analysis Tons 52,500 Park Shore Construction:Transport, $ Fill Placement, Grading and Sand $ $ $ 3 Analysis Tons 40,500 Pelican Bay Construction:Transport, $ Fill Placement, Grading and Sand $ $ $ 4 Analysis Tons 13,000 Monitoring Turbidity & Physical $ $ $ $ 5 Surveys Task 1 Maintenance of Traffic and Weight $ $ $ $ 6 Ticket Tracking Task 1 Sugden Lake Regional Park Transport $ $ $ $ 7 and Stockpile Tons 10,000 $ $ $ $ 8 TOTAL Can your organization complete the work by the stated deadline of YES NO YES NO 12/31/16, assuming a start date of xx/xx/xxxx? 14 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 15 of 85 MATERIAL MANUFACTURERS THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEMED NON-RESPONSIVE All Bidders shall confirm by signature that they will provide the manufacturers and materials outlined in this Bid specifications, including compliance with Florida Statute 255.20 to provide lumber, timber and other forest products produced and manufactured in the State of Florida as long as the price, fitness and quality are equal. Exceptions (when equals are acceptable) may be requested by completing the Material Manufacturer Exception List below. If an exception for a manufacturer and/or material is proposed and listed below and is not approved by Engineer/Project Manager, Bidder shall furnish the manufacturer named in the specification. Acceptance of this form does not constitute acceptance of material proposed on this list. Complete and sign section A OR B. Section A(Acceptance of all manufactures and materials in Bid specifications) On behalf of my firm, I confirm that we will use all manufacturers and materials as specifically outlined in the Bid specifications. Company: Signature: Date: Section B (Exception requested to Bid specifications manufacturers and materials) EXCEPTION MATERIAL EXCEPTION MANUFACTURER 1. 2. 3. 4. 5. Please insert additional pages as necessary. Company: Signature: Date: 15 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 16 of 85 LIST OF MAJOR SUBCONTRACTORS THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE The undersigned states that the following is a list of the proposed subcontractors for the major categories outlined in the requirements of the Bid specifications. The undersigned acknowledges its responsibility for ensuring that the Subcontractors for the major categories listed herein are "qualified" (as defined in Ordinance 2013-69 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non-qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of the Award of Contract by Owner. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned further agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. Major Category of Subcontractor and Address Work 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other subcontractors that represent more than 10% of price or that affect the critical path of the schedule Company: Signature: Date: 16 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 17 of 85 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Project and Location Reference 1. 2. 3. 4. 5. 6. Company: Signature: Date: 17 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business TRENCH SAFETY ACT 18 of 85 Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LF,SY) 1. 2. 3. 4. 5. TOTAL$ Failure to complete the above may result in the Bid being declared non-responsive. Company: Signature: Date: 18 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects.06132016 CAC September 8,2016 VIII-5 New Business 19 of 85 Collier ier iou'nty Adm nistratve wervices Dena triert Immigration Law Affidavit Certification Solicitation: 16-7009—2016 Beach Renourishment—Hauling and Placement This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor / Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A (e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A (e) of the INA shall be grounds for unilateral termination of the contract by Collier County. Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Vendor's/ Bidder's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. 19 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 20 of 85 Co Yer County Adn'>ins'raUve Services Department COLLIER COUNTY SOLICITATIONS SUBSTITUTE W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor Corporation _______Partnership _Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (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 Date Title Phone Number 20 16-7009—2016 Beach Renourishment—Hauling and Placement Construction Services Agreement for Grant Funded Projects:06132016 CAC September 8,2016 VIII-5 New Business 21 of 85 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid within fifty (50) consecutive calendar days, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within ten (10) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of County of , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. , also deposes and says that it has examined and carefully prepared its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. 21 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 22 of 85 (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of , which operates under the legal name of , and the full names of its officers are as follows: President Secretary Treasurer Manager The is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnership The Bidder is a co-partnership consisting of individual partners whose full names are as follows: The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is , and if operating under a trade name, said trade name is 22 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 23 of 85 Complete for information contained in (a) Corporation, (b) Co-Partnership or (c) Individual from previous page. DATED Legal entity BY: Witness Name of Bidder (Typed) Witness Signature Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by , as of a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: 23 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 24 of 85 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we (herein after called the Principal) and , (herein called the Surety), a corporation chartered and existing under the laws of the State of with its principal offices in the city of and authorized to do business in the State of are held and firmly bound unto the (hereinafter called the Owner), in the full and just sum of dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executors, administrators, and assigns, jointly and severally and firmly by these presents. Whereas, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, install, and fully complete the Work on the Project known as 2016 Beach Renourishment— Hauling and Placement Bid No. 16-7009 NOW, THEREFORE, if the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL shall enter into the required Agreement with the Owner and within ten days after the date of a written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specified in the Bidding Documents or Contract Documents with good and sufficient surety for the faithful performance of the Agreement and for the prompt payment of labor, materials and supplies furnished in the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of$ noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in full force and effect. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 20 Principal BY (Seal) Surety (Seal) Countersigned Local Resident Producing Agent for 24 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 25 of 85 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. Any required drawings, grant forms, descriptive literature, etc. have been included. 5. Any delivery information required is included. 6. Immigration Affidavit completed and the company's E-Verify profile page or memorandum of understanding 7. Certificate of Authority to Conduct Business in State of Florida 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. The mailing envelope has been addressed to: Procurement Director Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 10. The mailing envelope must be sealed and marked with: ITB: 16-7009 2016 Beach Renourishment— Hauling and Placement Opeing Date: 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. 11. 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 PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET Bidder Name Signature &Title Date: 25 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 26 of 85 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with 32 ("Contractor") of 33, a 34,authorized to do business in the State of Florida, to perform all work ("Work") in connection with Beach Renourishment— Hauling and Placement, Bid No. 16-7009("Project"), as said Work is set forth in the Plans and Specifications prepared by CB&I Environmental & Infrastructure, Inc., the Engineer and/or Architect of Record ("Design Professional") and other Contract Documents hereafter specified. Owner and Contractor, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued addenda, Change Orders, Work Directive Changes, Field Orders and amendments relating thereto. All of the foregoing Contract Documents are incorporated by reference and made a part of this Agreement (all of said documents including the Agreement sometimes being referred to herein as the "Contract Documents" and sometimes as the "Agreement" and sometimes as the "Contract"). A copy of the Contract Documents shall be maintained by Contractor at the Project site at all times during the performance of the Work. B. Owner shall furnish to the Contractor one reproducible set of the Contract Documents and the appropriate number of sets of the Construction Documents, signed and sealed by the Design Professional, as are reasonably necessary for permitting. Section 2. Scope of Work. Contractor agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind and type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents. Section 3. Contract Amount. In consideration of the faithful performance by Contractor of the covenants in this Agreement to the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to Contractor the following amount (herein "Contract Amount"), in accordance with the terms of this Agreement: 38 Amount of Dollars Described in Words (Dollars in Numbers). Section 4. Bonds. A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in Exhibit A, in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at www.fms.treas.qov/c570/c570.html#certified. Should the Contract Amount be less than 26 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 27 of 85 $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Section 5. Contract Time and Liquidated Damages. A. Time of Performance. Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the written Notice to Proceed to be issued by the Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. No Work shall be performed at the Project site prior to the Commencement Date. Any Work performed by Contractor prior to the Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve Substantial Completion within fifty (50) calendar days from the Commencement Date (herein "Contract Time"). The date of Substantial Completion of the Work (or designated portions thereof) is the date certified by the Design Professional when construction is sufficiently complete, in accordance with the Contract Documents, so Owner can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended. Contractor shall achieve Final Completion within ten (10) calendar days after the date of Substantial Completion. Final Completion shall occur when the Agreement is completed in its entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As used herein and throughout the Contract Documents, the phrase "Project Manager" refers to the Owner's duly authorized representative and shall mean the Division Administrator or Department Director, as applicable, acting directly or through duly authorized representatives. B. Liquidated Damages in General. Owner and Contractor recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if Contractor fails to achieve Substantial Completion within the time specified above, as said time may be adjusted as provided for herein. In such event, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. Should Contractor fail to achieve Substantial Completion within the number of calendar days established herein, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, 41 Amount of Dollars Described in Words (Dollars in Numbers) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion. The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. 27 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 28 of 85 When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. D. Determination of Number of Days of Default. For all contracts, regardless of whether the Contract Time is stipulated in calendar days or working days, the Owner will count default days in calendar days. E. Right of Collection. The Owner has the right to apply any amounts due Contractor under this Agreement or any other agreement between Owner and Contractor, as payment on such liquidated damages due under this Agreement in Owner's sole discretion. Notwithstanding anything herein to the contrary, Owner retains its right to liquidated damages due under this Agreement even if Contractor, at Owner's election and in its sole discretion, is allowed to continue and to finish the Work, or any part of it, after the expiration of the Contract Time including granted time extensions. F. Completion of Work by Owner. In the event Contractor defaults on any of its obligations under the Agreement and Owner elects to complete the Work, in whole or in part, through another contractor or its own forces, the Contractor and its surety shall continue to be liable for the liquidated damages under the Agreement until Owner achieves Substantial and Final Completion of the Work. Owner will not charge liquidated damages for any delay in achieving Substantial or Final Completion as a result of any unreasonable action or delay on the part of the Owner. G. Final Acceptance by Owner. The Owner shall consider the Agreement complete when the Contractor has completed in its entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor in writing that the Work is complete. Once the Owner has approved and accepted the Work, Contractor shall be entitled to final payment in accordance with the terms of the Contract Documents. H. Recovery of Damages Suffered by Third Parties. Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a result of Contractor's failure to fulfill all of its obligations under the Contract Documents. Owner's recovery of any delay related damages under this Agreement through the liquidated damages does not preclude Owner from recovering from Contractor any other non-delay related damages that may be owed to it arising out of or relating to this Agreement. Section 6. Exhibits Incorporated. Exhibits Incorporated: The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement for Solicitation 16-7009 — 2016 Beach Renourishment— Hauling and Placement. Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form 28 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 29 of 85 Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions Exhibit I: Supplemental Terms and Conditions Exhibit J: Technical Specifications Exhibit K: Permits Exhibit L: Standard Details (if applicable) Exhibit M: Plans and Specifications prepared by Coastal Planning and Engineering and identified as follows: Exhibit 0 — 16-7009 - Complete Bidding Documents as shown on Plan Sheets 158 through 202. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A. All notices required or made pursuant to this Agreement by the Contractor to the Owner shall be shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: 44 B. All notices required or made pursuant to this Agreement by Owner to Contractor shall be made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile, addressed to the following: 45 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 8. PUBLIC ENTITY CRIMES. 8.1 By its execution of this Contract, Construction Contractor acknowledges that it has been informed by Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. 29 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 30 of 85 Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 11. Governing Law. The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 12. No Waiver. The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 13. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprises the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 14. Severability. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. Section 15. Change Order Authorization. The Project Manager shall have the authority on behalf of the Owner to execute all Change Orders and Work Directive Changes to the Agreement to the extent provided for under the Owner's Procurement Ordinance and policies and accompanying administrative procedures. Section 16. Construction. Any doubtful or ambiguous language contained in this Agreement shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "fortius contra proferentum" (pursuant to which ambiguities in a contractual term which appears on its face to have been inserted for the benefit of one of the parties shall be construed against the benefited party) shall not be applied to the construction of this Agreement. Section 17. Order of Precedence In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Construction Agreement and the General Terms and Conditions shall take precedence over the terms of all other Contract Documents including the Owner's Board approved Executive Summary, except the terms of any Supplemental Conditions shall take precedence over the Construction Agreement and the General Terms and Conditions. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of 30 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 31 of 85 the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 31 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 32 of 85 IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. CONTRACTOR: TWO WITNESSES: 46 By: FIRST WITNESS Print Name and Title Date Print Name SECOND WITNESS Print Name Date: OWNER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA Dwight E. Brock, Clerk BY: BY: Tim Nance Date Chairman Approved as to Form and Legality: Assistant County Attorney Print Name 32 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 33 of 85 EXHIBIT A 1: PUBLIC PAYMENT BOND 2016 Beach Renourishment— Hauling and Placement Bond No. Contract No. 16-7009 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and , as Surety, located at (Business Address) are held and firmly bound to as Obligee in the sum of ($ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 , with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 20 , the name of each party being affixed and these presents duly signed by its under-signed representative, pursuant to authority of its governing body. 33 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 34 of 85 Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by as of , a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of Commission No.: ATTEST: SURETY: (Printed Name) (Business Address (Authorized Signature) Witnesses to Surety (Printed Name) 34 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 35 of 85 OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , as of Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 35 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 36 of 85 EXHIBIT A 2: PUBLIC PERFORMANCE BOND 2016 Beach Renourishment— Hauling and Placement Bond No. Contract No. 16-7009 KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to , as Obligee in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 20 with Obligee for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract; and 2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this Bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alterations or additions to the terms of the Contract or to work or to the specifications. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. 36 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 37 of 85 IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: PRINCIPAL BY: Witnesses as to Principal NAME: ITS: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 by as of a corporation, on behalf of the corporation. He/she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 38 of 85 ATTEST: SURETY: (Printed Name) (Business Address) (Authorized Signature) Witnesses as to Surety (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) Witnesses (Printed Name) (Business Address) (Telephone Number) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 , by as of a Surety, on behalf of Surety. He/She is personally known to me OR has produced as identification and who did (did not)take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 38 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 39 of 85 EXHIBIT B: INSURANCE REQUIREMENTS The Vendor shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in EXHIBIT B of this solicitation. The Vendor shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Vendor waive against each other and the County's separate Vendors, Contractors, Design Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Vendors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Vendor under this solicitation and shall contain a severability of interests provisions. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in EXHIBIT B with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Vendor has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Vendor must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Vendor's sole responsibility. Coverage shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Vendor and/or its insurance carrier shall provide thirty (30) days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Vendor not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage and charge the Vendor for such coverages 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 39 Construction Services Agreement for Grant Funded Projects.08012016 CAC September 8,2016 VIII-5 New Business 40 of 85 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] 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. 40 Construction Services Agreement for Grant Funded Projects.08012016 CAC September 8,2016 VIII-5 New Business 41 of 85 Collier County Florida 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 $ single limit per occurrence 3. ® Commercial General $ single limit per occurrence, $2,000,000 aggregate for Bodily Liability(Occurrence Form) Injury Liability and Property Damage Liability. This shall include Premises and patterned after the current Operations; Independent Contractors; Products and Completed Operations ISO form and Contractual Liability. $ single limit per occurrence 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. 0 Automobile Liability $ Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. 0 Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ Per Occurrence • $1,000,000 each claim and in the aggregate • $2,000,000 each claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence 41 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 42 of 85 ❑Valuable Papers Insurance $ Per Occurrence ❑ 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. 0 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. ® Thirty(30) Days Cancellation Notice required. Vendor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Date Vendor Signature Print Name Insurance Agency Agent Name Telephone Number 42 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 43 of 85 EXHIBIT C: RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor') releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner dated , 20 for the period from to , excluding all retainage withheld and any pending claims or disputes as expressly specified as follows: (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) To the maximum extent permitted by law, Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR BY: ITS: President DATE: Witnesses STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification and did (did not)take an oath. My Commission Expires: (Signature of Notary) NAME: (Legibly Printed) (AFFIX OFFICIAL SEAL) • Notary Public, State of Commissioner No.: 43 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 44 of 85 CAC September 8,2016 VIII-5 New Business 45 of 85 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: http://purchasinq.colliergov.net/Forms/Forms/Allltems.aspx 45 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 46 of 85 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: http://bccsp01/SiteDirectory/ASD/Purchasing/Forms 1/Forms/Default.aspx Change Order Form Contract#:I I Change#: PurchaseOrder#: I 1 Project#:I Contracton'FirmName:I I Project Name:I I Project Manager Name! I Department: I I aigirsl Cc,rt=act:fcr ;fro& Amount ;Virginal BCC A.peroysl Cate.Ager as Item# Current BCC.Acwc'eci Amount Last ECC Approval Cate, Agenda Item Current CcntractWc OrderAvcu;rt SAP CcntrectExpiration Date;MMsteri Calker Amount of this Charge #01V 0' Total Change from Ong i nal.Arnount Revise°Contract 1.cr,Orae+ Total a 0 00 §OIV 0' Change from Current BCC Approved Amount Cumolative Changes a 0.00 *CIV 3 Charge from Current Amount Completion Date,Description of the Taskls)Change,and Rationale for the Change Notice to Procee Original ILast Approved Revised Date Date Completion Dat Date =-aes r i:"a-ie,a *of Days Added SelectTasks 0 Add newtask(s) 0 Deletetaskjsj 0 Changetaskt5§ 0 Other seese Provide a response to the following:1.j detai led and specific exp la nation,hational a of the requested c ha ngets j to the to skis)and!or the additional daysadded(ifrequested);2.bwhythischangewasnotincludedintheonginaIcontract and 31 describe the mpa if this change is not processed. Atfacr a,..ora €rformat* from ,e Design Professore aro-or C ra-=or d _-._p. Prepares!by Date ,- `,ia^ager',lame a^o C_v>rtarlert Ac:ecia"_eof.r:_.,a'geOrcerBra CO, n;r."ea miooifroaoon focortraor. turf ,ertfenaoovea v be e .r a >esame >r:p 3 3 r::, 3 °r l'E.oonrracfkoiroi or e :ate: to __as f e:f h aPle'a s h 3 e e'ct3 'e Thee ..l_ fa j _.ns CortraO sra Elauteaf a tf a s1 erre 1 of any s as as to of Irl Contractor Lir 0..75.."a^".Des fg^ - ofes 5,Or e s a of orreale: ..ri fn.:-or atgsa_.Joni-P_ _ . rt-org_s ma for rice=an:.,_x1+.D515 Accepted by. r P''in 4 pr _m apc n amte nate ,rsolo _ _.,Cart Des0r _fi_sso'a a.,-Uflasrvc - Date. Approved by Des';'Prai s__ ata _Nameof,..rm {ri apt aa= Approved by: ate. ___e^l_ .F_,fess:-a 46 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 47 of 85 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. Design Professional's Project No. PROJECT: CONTRACTOR Contract For Contract Date This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER And To Substantial Completion is the state in the progress of the Work when the Work (or designated portion) is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substantially complete in accordance with the requirements of the Contract Documents on: DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. 47 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 48 of 85 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by Design Professional on , 20 Design Professional By: Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 CONTRACTOR By: Type Name and Title OWNER accepts this Certificate of Substantial Completion on , 20 OWNER By: Type Name and Title 48 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 49 of 85 EXHIBIT G: FINAL PAYMENT CHECKLIST Bid No.: Project No.: Date: 20 Contractor: The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time as set forth in the Agreement: Calendar Days. Actual Date of Substantial Completion: Final Completion Time as set forth in the Agreement: Calendar Days. Actual Final Completion Date: YES NO 1. All Punch List items completed on 2. Warranties and Guarantees assigned to Owner(attach to this form). 3. Effective date of General one year warranty from Contractor is: 4. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). 5. As-Built drawings obtained and dated: 6. Owner personnel trained on system and equipment operation. 7. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on 9. Final Payment Application and Affidavits received from Contractor on: 10. Consent of Surety received on 11. Operating Department personnel notified Project is in operating phase. 12. All Spare Parts or Special Tools provided to Owner: 13. Finished Floor Elevation Certificate provided to Owner: 14. Other: If any of the above is not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. Acknowledgments: By Contractor: (Company Name) (Signature) (Typed Name&Title) 49 Construction Services Agreement for Grant Funded Projects.08012016 CAC September 8,2016 VIII-5 New Business 50 of 85 By Design (Firm Name) Professional: (Signature) (Typed Name &Title) By Owner: (Department Name) (Signature) (Name &Title) 50 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 51 of 85 EXHIBIT H: GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project (or portion thereof) to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in effect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work Contractor discovers a conflict, error or discrepancy in the Contract Documents, Contractor immediately shall report same to the Project Manager in writing and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from the Project Manager; said interpretation or clarification from the Project Manager may require Contractor to consult directly with Design Professional or some other third party, as directed by Project Manager. Contractor shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications or other Contract Document provisions, Contractor shall be required to comply with the provision which is the more restrictive or stringent requirement upon the Contractor, as determined by the Project Manager. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. 2.1 Subject to Section 2.3 below, Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its 51 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 52 of 85 responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2 Contractor shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". Contractor shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. Contractor shall schedule and coordinate its Work around any such relocation or temporary service interruption. Contractor shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. The Contractor is responsible for coordinating all other utility work so as to not interfere with the prosecution of the Work (except those utilities to be coordinated by the Owner as may be expressly described elsewhere in the Contract Documents). 2.3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are encountered at the Project site which are (i) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (ii) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, and which reasonably should not have been discovered by Contractor as part of its scope of site investigative services required pursuant to the terms of the Contract Documents, then Contractor shall provide Owner with prompt written notice thereof before conditions are disturbed and in no event later than three (3) calendar days after first observance of such conditions. Owner and Design Professional shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in Contractor's cost of, or time required for, performance of any part of the Work, Owner will acknowledge and agree to an equitable adjustment to Contractor's compensation or time for performance, or both, for such Work. If Owner determines that the conditions at the site are not materially different from those indicated in the Contract Documents or not of an unusual nature or should have been discovered by Contractor as part of its investigative services, and that no change in the terms of the Agreement is justified, Owner shall so notify Contractor in writing, stating its reasons. Claims by Contractor in opposition to such determination by Owner must be made within seven (7) calendar days after Contractor's receipt of Owner's written determination notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of performance, the dispute resolution procedure set forth in the Contract Documents shall be complied with by the parties. 3. SCHEDULE. 3.1 The Contractor, within ten (10) calendar days after receipt of the Notice of Award, shall prepare and submit to Project Manager, for their review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work required by the Contract Documents, and shall utilize the Critical Path method of scheduling and shall provide for expeditious and practicable execution of the Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Work. 3.2 The Progress Schedule shall be updated monthly by the Contractor. All monthly updates to the Progress Schedule shall be subject to the Project Manager's review and approval. Contractor shall submit the updates to the Progress Schedule with its monthly Applications for Payment noted below. The Project Manager's review and approval of the 52 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 53 of 85 submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation to pay Contractor. 3.3 All work under this Agreement shall be performed in accordance with the requirements of all Collier County Noise Ordinances then in effect. Unless otherwise specified, work will generally be limited to the hours of 7 a.m. to 7 p.m., Monday through Saturday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 4. PROGRESS PAYMENTS. 4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to Project Manager, for their review and approval, a schedule of values based upon the Contract Price, listing the major elements of the Work and the dollar value for each element. After its approval by the Project Manager, this schedule of values shall be used as the basis for the Contractor's monthly Applications for Payment. This schedule shall be updated and submitted each month along with a completed copy of the Application for Payment form signed by the Contractor's authorized representative and attached to the Agreement as Exhibit D. 4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to the Project Manager the list of its Subcontractors and materialmen submitted with its Bid showing the work and materials involved and the dollar amount of each subcontract and purchase order. Contractor acknowledges and agrees that any modifications to the list of Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors are subject to Owner's prior written approval. The first Application for Payment shall be submitted no earlier than thirty (30) days after the Commencement Date. Notwithstanding anything herein to the contrary, if approved by Owner in its sole discretion, Contractor may submit its invoice for any required Payment and Performance Bonds prior to the first Application of Payment provided that Contractor has furnished Owner certified copies of the receipts evidencing the premium paid by Contractor for the bonds. 4.3 Contractor shall submit all Applications for Payment to Stephen Keehn, PE , CB&I Environmental & Infrastructure, Inc., located at 2481 NW Boca Raton Blvd, Boca Raton, FL 33431. 4.4 Unless expressly approved by Owner in advance and in writing, said approval at Owner's sole discretion, Owner is not required to make any payment for materials or equipment that have not been incorporated into the Project. If payment is requested on the basis of materials and equipment not incorporated into the Project, but delivered and suitably stored at the site or at another location, and such payment and storage have been agreed to by Owner in writing, the Application for Payment also shall be accompanied by a bill of sale, invoice or other documentation warranting that the Owner has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, together with evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's satisfaction. Thereafter, with each Application for Payment, Contractor also shall complete and submit to Owner as part of its Application for Payment, the Stored Materials Record attached hereto and made a part hereof as Exhibit D. 4.5 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received 53 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 54 of 85 and within the timeframes set forth in Section 218.735 F.S., the Project Manager, or Design Professional, shall either: (1) Indicate its approval of the requested payment; (2) indicate its approval of only a portion of the requested payment, stating in writing its reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved shall be processed and paid in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department respectively. In the event of a total denial by Owner and return of the Application for Payment by the Project Manager, the Contractor may make the necessary corrections and re-submit the Application for Payment. The Owner shall, within ten (10) business days after the Application for Payment is stamped and received and after Project Manager approval of an Application for Payment, pay the Contractor the amounts so approved. 4.6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment request or ten percent (10%) of the portion thereof approved by the Project Manager for payment, whichever is less. Such sum shall be accumulated and not released to Contractor until final payment is due unless otherwise agreed to by the Owner in accordance with Florida Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a schedule to periodically reduce the percentage of cumulative retainage held through out the course of the Project schedule. Owner shall reduce the amount of the retainage withheld on each payment request subsequent to fifty percent (50%) completion subject to the guidelines set forth in Florida Statute 255.078 and as set forth in the Owner's Procurement Ordinance and policies. 4.7 Monthly payments to Contractor shall in no way imply approval or acceptance of Contractor's Work. 4.8 Each Application for Payment, subsequent to the first pay application, shall be accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are then due and payable by Owner with respect to the current Application for Payment. Further, to the extent directed by Owner and in Owner's sole discretion, Contractor shall also submit a Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form attached as Exhibit C acknowledging that each Subcontractor, sub-subcontractor or supplier has been paid in full through the previous month's Application for Payment. The Owner shall not be required to make payment until and unless these affidavits are furnished by Contractor. 4.9 Contractor agrees and understands that funding limitations exist and that the expenditure of funds must be spread over the duration of the Project at regular intervals based on the Contract Amount and Progress Schedule. Accordingly, prior to submitting its first monthly Application for Payment, Contractor shall prepare and submit for Project Manager's review and approval, a detailed Project Funding Schedule, which shall be updated as necessary and approved by Owner to reflect approved adjustments to the Contract Amount and Contract Time. No voluntary acceleration or early completion of the Work shall modify the time of payments to Contractor as set forth in the approved Project Funding Schedule. 4.10 Notwithstanding anything in the Contract Documents to the contrary, Contractor acknowledges and agrees that in the event of a dispute concerning payments for Work performed under this Agreement, Contractor shall continue to perform the Work required of it 54 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 55 of 85 under this Agreement pending resolution of the dispute provided that Owner continues to pay Contractor all amounts that Owner does not dispute are due and payable. 4.11 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 4.12 The County may, at its discretion, use VISA/MASTER card credit network as a payment vehicle for goods and/or services purchased as a part of this contract. The County maynot accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. 5. PAYMENTS WITHHELD. 5.1 The Project Manager may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections that reveal non-compliance with the Contract Documents. The Project Manager may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) Defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents by Contractor. 5.2 If any conditions described in 5.1. are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Provided, however, in the event of an emergency, Owner shall not be required to provide Contractor any written notice prior to rectifying the situation at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 5.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed and/or for materials delivered in association with a contract. 6. FINAL PAYMENT. 6.1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S. and the administrative procedures established by the County's Procurement Services Division and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by Project Manager as set forth with Section 20.1 herein, provided that Contractor first, and as an 55 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 56 of 85 explicit condition precedent to the accrual of Contractor's right to final payment, shall have furnished Owner with a properly executed and notarized copy of the Release and Affidavit attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment and such other documentation that may be required by the Contract Documents and the Owner. Prior to release of final payment and final retainage, the Contractor's Representative and the Project Manager shall jointly complete the Final Payment Checklist, a representative copy of which is attached to this Agreement as Exhibit G. 6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by Contractor against Owner arising out of this Agreement or otherwise relating to the Project, except those previously made in writing in accordance with the requirements of the Contract Documents and identified by Contractor as unsettled in its final Application for Payment. Neither the acceptance of the Work nor payment by Owner shall be deemed to be a waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of damages for defective Work not discovered by the Design Professional or Project Manager at the time of final inspection. 7. SUBMITTALS AND SUBSTITUTIONS. 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in 56 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 57 of 85 evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Project Manager, if Contractor submits sufficient information to allow the Project Manager to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedures for submission to and review by the Project Manager shall be the same as those provided herein for substitute materials and equipment. 7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each proposed substitute and, if need be, to consult with the Design Professional. No substitute will be ordered, installed or utilized without the Project Manager's prior written acceptance which shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Project Manager will record time required by the Project Manager and the Project Manager's consultants in evaluating substitutions proposed by Contractor and making changes in the Contract Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute, Contractor shall reimburse Owner for the charges of the Design Professional and the Design Professional's consultants for evaluating each proposed substitute. 8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS. 8.1 Unless waived in writing by Owner, Contractor shall complete and submit to Project Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a format approved by the Project Manager. The daily log shall document all activities of Contractor at the Project site including, but not limited to, the following: 8.1.1 Weather conditions showing the high and low temperatures during work hours, the amount of precipitation received on the Project site, and any other weather conditions which adversely affect the Work; 8.1.2 Soil conditions which adversely affect the Work; 8.1.3 The hours of operation by Contractor's and Sub-Contractor's personnel; 8.1.4 The number of Contractor's and Sub-Contractor's personnel present and working at the Project site, by subcontract and trade; 8.1.5 All equipment present at the Project site, description of equipment use and designation of time equipment was used (specifically indicating any down time); 8.1.6 Description of Work being performed at the Project site; 8.1.7 Any unusual or special occurrences at the Project site; 8.1.8 Materials received at the Project site; 57 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 58 of 85 8.1.9 A list of all visitors to the Project 8.1.10 Any problems that might impact either the cost or quality of the Work or the time of performance. The daily log shall not constitute nor take the place of any notice required to be given by Contractor to Owner pursuant to the Contract Documents. 8.2 Contractor shall maintain in a safe place at the Project site one record copy of the Contract Documents, including, but not limited to, all drawings, specifications, addenda, amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written interpretations and clarifications issued by the Design Professional, in good order and annotated to show all changes made during construction. The annotated drawings shall be continuously updated by the Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from Change Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of piping, conduit and utility services. All buried and concealed items, both inside and outside the Project site, shall be accurately located on the annotated drawings as to depth and in relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The annotated drawings shall be clean and all changes, corrections and dimensions shall be given in a neat and legible manner in a contrasting color. The "As-Built" record documents, together with all approved samples and a counterpart of all approved shop drawings shall be available to the Project Manager or Design Professional for reference. Upon completion of the Work and as a condition precedent to Contractor's entitlement to final payment, these "As-Built" record documents, samples and shop drawings shall be delivered to Project Manager by Contractor for Owner. 8.3 Contractor shall keep all records and supporting documentation, which concern or relate to the Work hereunder for a minimum of five (5) years from the date of termination of this Agreement or the date the Project is completed or such longer period as may be required by law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with 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 58 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 59 of 85 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. 8.3 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material-men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 8.4 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 8.5 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 59 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 60 of 85 8.6 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 9. CHANGES IN THE WORK. 9.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an itemized estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval. Failure to obtain such prior written approval for any changes will be deemed: (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 9.2 A Change Order, in the form attached as Exhibit E to this Agreement, shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in the Change Order in the manner as Owner and Contractor shall mutually agree. 9.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change. In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed to have waived any claim on this matter it might otherwise have had. 9.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub-subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub-Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 9.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 60 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 61 of 85 9.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County Procurement Ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 10. CLAIMS AND DISPUTES. 10.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 10.2 Claims by the Contractor shall be made in writing to the Project Manager within forty- eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 10.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 11. OTHER WORK. 11.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours of being notified of the other work. If the Contractor fails to send the above required forty- eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 11.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or 61 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 62 of 85 otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 11.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 62 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 63 of 85 12. INDEMNIFICATION AND INSURANCE. 12.1 To the maximum extent permitted by Florida law, Contractor shall indemnify and hold harmless Owner and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. 12.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 12.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 13. COMPLIANCE WITH LAWS. 13.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation, code, statute, or ordinance requires the inclusion of certain terms in this Agreement in order for this Agreement to be enforceable, such terms shall be deemed included in this Agreement. Notwithstanding anything in the Contract Documents to the contrary, it is understood and agreed that in the event of a change in any applicable laws, ordinances, rules or regulations subsequent to the date this Agreement was executed that increases the Contractor's time or cost of performance of the Work, Contractor is entitled to a Change Order for such increases, except to the extent Contractor knew or should have known of such changes prior to the date of this Agreement. 13.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 63 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 64 of 85 The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor does not comply with providing both the acceptable E-Verify evidence and the executed affidavit the bidder's/vendor's proposal may be deemed non-responsive. 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. 14. CLEANUP AND PROTECTIONS. 14.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 14.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such 64 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 65 of 85 improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 15. ASSIGNMENT. 15.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 16. PERMITS, LICENSES AND TAXES. 16.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 16.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 16.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 17. TERMINATION FOR DEFAULT. 17.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1)fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 17.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate 65 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 66 of 85 Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 17.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 17.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 17.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 17.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 66 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 67 of 85 18. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION. 18.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 18.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 19. COMPLETION. 19.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated. portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch-list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 19.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve a payment, recommending that, on the basis of their observations and inspections, and the Contractor's certification that the Work has been completed in accordance with the terms and conditions of the Contract Documents, that the entire balance found to be due Contractor is due and payable. Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. 67 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 68 of 85 (4) Receipt of the final payment check list. (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. Owner reserves the right to inspect the Work and make an independent determination as to the Work's acceptability, even though the Design Professional may have issued its recommendations. Unless and until the Owner is completely satisfied, neither the final payment nor the retainage shall become due and payable. 20. WARRANTY. 20.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. Further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 20.2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 21. TESTS AND INSPECTIONS. 21.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing. Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 21.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, 68 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 69 of 85 pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Project Manager. 21.3 Contractor is responsible, without reimbursement from Owner, for re-inspection fees and costs; to the extent such re-inspections are due to the fault or neglect of Contractor. 21.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 21.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (8) hour day and for any work performed on Saturday, Sunday or holidays. 21.6 Neither observations nor other actions by the Project Manager or Design Professional nor inspections, tests or approvals by others shall relieve Contractor from Contractor's obligations to perform the Work in accordance with the Contract Documents. 22. DEFECTIVE WORK. 22.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by Project Manager, remove it from the site and replace it with non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 22.2 If the Project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriate decrease in the Contract Amount. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension to the Contract Time, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction. 69 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 70 of 85 22.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract Documents, Project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 22.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 22.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Project site and incorporate in the Work all materials and equipment stored at the Project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 23. SUPERVISION AND SUPERINTENDENTS. 23.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress 70 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 71 of 85 a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. Owner shall have the right to direct Contractor to remove and replace its Project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner. 23.2 Contractor shall have a competent superintendent on the project at all times whenever contractor's work crews, or work crews of other parties authorized by the Project Manager are engaged in any activity whatsoever associated with the Project. Should the Contractor fail to comply with the above condition, the Project Manager shall, at his discretion, deduct from the Contractor's monthly pay estimate, sufficient moneys to account for the Owner's loss of adequate project supervision, not as a penalty, but as liquidated damages, separate from the liquidated damages described in Section 5.B, for services not rendered. 24. PROTECTION OF WORK. 24.1 Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or any one for whom Contractor is legally liable for is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any moneys necessary to replace such loss or damage shall be deducted from any amounts due Contractor. 24.2 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 24.3 Contractor shall not disturb any benchmark established by the Owner or Design Professional with respect to the Project. If Contractor, or its subcontractors, agents or anyone for whom Contractor is legally liable, disturbs the Owner or Design Professional's benchmarks, Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 25. EMERGENCIES. 25.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If 71 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 72 of 85 Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 26. USE OF PREMISES. 26.1 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 27. SAFETY. 27.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 27.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 27.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 27.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 27.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 72 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 73 of 85 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 may o ConoroadjacentNto an eexisting Ownees that the r�facility.e Ipnrwhich such evrent Contractor shall uponcomply located with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 28.5.3 Contractor shall strictly limit its operations to the designated work areas and shall not permit any Employees to enter any other portions of Owner's property without Owner's expressed prior written consent; 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 28. PROJECT MEETINGS. 73 Construction Services Agreement for Grant Funded Projects.08012016 CAC September 8,2016 VIII-5 New Business 74 of 85 Prior to the commencement of Work, the Contractor shall attend a pre-construction to conferenceiscuss the with the Project Manager, Design Professional and others as appropriate Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre-construction conference) as may be directed by the Project Manager. 29. VENDOR PERFORMANCE EVALUATION all contracts ed in Owner has implemented Vendorhend,evendo vendorse will be on System aluated onortheir performancedupon excess $25,000. completion/termination of this Agreement. 30. MAINTENANCE OF TRAFFIC POLICY For all projects that are conducted within a Collier County Right-of-Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportations Design Standards (DS), where applicable on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through Risk Management and/or Procurement Services Division, and is available on-line at colliergov.net/purchasing. The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 31. SALES TAX SAVINGS AND DIRECT PURCHASE 31.1 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 31.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants 74 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 75 of 85 that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases. Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to • Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 31.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 32. SUBCONTRACTS 32.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 32.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 32.3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self-performed by Contractor must be approved in writing by Owner in its sole discretion prior to 75 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 76 of 85 commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 32.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor. Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub-subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub-subcontractors. 32.5 Each Subcontractor performing work at the Project Site must agree to provide field (on- site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its work. 32.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 32.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 32.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 32.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall 76 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 77 of 85 require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub- subcontracts and purchase orders. 32.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost-Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As-Built" Marked Prints 34.1.24 Operating & Maintenance Instruction 34.1.25 Daily Progress Reports 34.1.26 Monthly Progress Reports 34.1.27 Correspondence Files 34.1.28 Transmittal Records 34.1.29 Inspection Reports 34.1.30 Punch Lists 34.1.31 PMIS Schedule and Updates 34.1.32 Suspense (Tickler) Files of Outstanding Requirements The Project files and records shall be available at all times to Owner and Design Professional or their designees for reference, review or copying. 77 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 78 of 85 34.2 Contractor Presentations At the discretion of the County, the Contractor may be required to provide a brief update on the Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per contract term. Presentations shall be made in a properly advertised Public Meeting on a schedule to be determined by the County Manager or his designee. Prior to the scheduled presentation date, the Contractor shall meet with appropriate County staff to discuss the presentation requirements and format. Presentations may include, but not be limited to, the following information: Original contract amount, project schedule, project completion date and any changes to the aforementioned since Notice to Proceed was issued. 35. SECURITY 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(@colliergov.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. 36. VENUE Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 37. VALUE ENGINEERING All projects with an estimated cost of $10 million or more shall be reviewed for consideration of a Value Engineering (VE) study conducted during project development. A "project" shall be defined as the collective contracts, which may include but not be limited to: design, construction, 78 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 79 of 85 and construction, engineering and inspection (CEI) services. Additionally, any project with an estimated construction value of $2 million or more may be reviewed for VE at the discretion of the County. 38. ABOVEGROUND/UNDERGROUND TANKS 38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 & 30/30A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 &403 Florida Statutes; and STI, UL, PEI, ASME, NACE, NLPA, NIST &API referenced standards pertaining to the storage of hazardous materials and petroleum products. 38.2 The contractor shall notify the Solid & Hazardous Waste Management Department (SHWMD) prior to the installation, removal, or maintenance of any storage tank, including day tanks for generators, storing /will be storing petroleum products or hazardous materials. The contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to commencement. The contractor shall provide the plans pertaining to the storage tank systems containing hazardous materials/ petroleum products to the SHWMD prior to plans submittal to a permitting entity and then SHWMD must approve the plans prior to contractor's submittal for permitting. 39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on Owner's projects who are neat, clean, well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The Owner may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Owner's projects is not in the best interest of the County. 40. DISPUTE RESOLUTION Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 79 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 80 of 85 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Refer to information posted at: http:l/bid.colliergov.net/bidl and titled: Exhibit IA— Supplemental terms and Conditions CDFA 37.036 80 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 81 of 85 EXHIBIT J: TECHNICAL SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Exhibit 0— 16-7009 —Complete Bidding Documents 81 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 82 of 85 EXHIBIT K: PERMITS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Exhibit 0— 16-7009—Complete Bidding Documents 82 Construction Services Agreement for Grant Funded Projects.08012016 CAC September 8,2016 VIII-5 New Business 83 of 85 EXHIBIT L: STANDARD DETAILS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Exhibit 0— 16-7009—Complete Bidding Documents 83 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 84 of 85 EXHIBIT M: PLANS AND SPECIFICATIONS Refer to information posted at: http://bid.colliergov.net/bid/ and titled: Exhibit 0— 16-7009—Complete Bidding Documents • 84 Construction Services Agreement for Grant Funded Projects:08012016 CAC September 8,2016 VIII-5 New Business 85 of 85 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Personnel Cate ory Name Construction Superintendent Project Manager 85 Construction Services Agreement for Grant Funded Projects:08012016