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CAC Agenda 02/16/20182/15/2018 February 16, 2018 February 16, 2oi8 February 16, 2018 1 Collier County, FL Meeting Agenda and Notice COASTAL ADVISORY COMMITTEE (CAC) FRIDAY, FEBRUARY 16, 2018 - 12:30 P.M. BOARD OF COUNTY COMMISSIONERS CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES • Sunshine Law on Agenda Questions • 2018 CAC MEETING DATES I. Call to Order II. Pledge of Allegiance III. Roll Call N. Changes and Approval of Agenda V. Public Comments VI. Approval of CAC Minutes 1. December 14, 2017 VII. Staff Reports 1. Expanded Revenue Report VIII. New Business 1. RFP 17-7188 Nearshore Hardbottom Monitoring * 17-7188 Solicitation * 17-7188 CSA Proposal * 17-7188 Final Ranking * 17-7188 Notice of Recommended Award 2. Emergency Dredging Collier Creek by Brance Diversified. Inc. * 18-7283 Agreement * Bid Tabulations * Collier Creek Bid Recommendation * Collier Creek Recommended Award 3. Submerged Lands Easement Modification - Doctor's Pass & Moorings Bay * Easement 4. Resiliency Feasibility Discussion 5. Central Beach Re -grade Marco Island 6. Schedule Wiggins/Doctors Passes Dredge 7. Doctors Pass Erosion Control Structure IX. Old Business X. Announcements XI. Committee Member Discussion https://www.colliercountyfl.gov/your-government/advisory-boards-and-authorities/coastal-advisory-committee/cac-agendas/february-16-2018 1/2 2/15/2018 February 16, 2018 1 Collier County, FL XII. Next Meeting Date/Location March 8, 2018 Government Center, 3rd Floor XIII. Adjournment All interested parties are invited to attend, and to register to speak and to submit their objections, if any, in writing, to the board prior to the meeting if applicable. For more information, please contact Gail D. Hambright at (239) 252-2966. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, FL 34112, (239) 252-8380. Public comments will be limited to 3 minutes unless the Chairman grants permission for additional time. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners) before the Board of County Commissioners and its advisory boards, register with the Clerk to the Board at the Board Minutes and Records Department. htips://www.colliercountyfl.gov/your-government/advisory-boards-and-authorities/coastal-advisory-committee/cac-agendas/february-16-2018 2/2 MINUTES OF THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE MEETING Naples, Florida, December 14, 2017 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: Robert Brown VICE CHAIRMAN: Debbie Roddy Linda Penniman Steve Koziar Thomas McCann Jim Burke Robert Raymond Joseph Burke Dave Trecker ALSO PRESENT: Gary McAlpin, Manager, Coastal Zone Management Colleen Greene, Assistant County Attorney Gail Hambright, Accountant CAC February 16, 2018 VI-1 Approval of Minutes 1 of 5 Any persons in need of the verbatim record of the meeting may request a copy of the video recording from the Collier County Communications and Customer Relations Department or view online. I. Call to Order Chairman Brown called the meeting to order at 1:00PM Dave Trecker was welcomed as a new member to the Committee. 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 Ms. Penniman moved to approve the Agenda. Second by Ms. Roddy. Carried unanimously 9 – 0. V. Public Comments None VI. Approval of CAC Minutes 1. October 19, 2017 Mr. McCann moved to approve the minutes of the October 19, 2017 as submitted. Second by Mr. Trecker. Carried unanimously 9 – 0. VII. Staff Reports 1. Expanded Revenue Report The Committee reviewed the “Collier County Tourist Tax Revenue FY 18 TDC Revenue Report” dated through November 30, 2017. VIII. New Business 1. Collier Creek Backup Material Mr. McAlpin presented the Executive Summary “Recommendation to declare that emergency circumstances exist based on damage caused by Hurricane Irma to Collier Creek; authorize an expedited procurement process to obtain quotes and negotiate a contract; authorize the County Manager or his designee to execute a contract to be presented to the Board for “after-the-fact” approval at the next regularly scheduled Commission meeting; authorize the necessary budget amendment; and make a finding that this item promotes tourism (Fiscal Impact $1,320,000)” dated December 14, 2017 for consideration. He provided a series of photos which depicted the conditions of Collier Creek pre and post Hurricane Irma. He noted: • The channel area is characterized as the most dynamic in Collier County and is utilized by 1/3 of the Marco Island boaters and is required to be dredged frequently to ensure boater safety. • The hurricane event resulted in the damage to the jetty at the end of the channel with its boulders strewn about in the water, sand displacement from area beaches into the pass, destruction of the seawalls and docks in the area and undermining of a Villa De Marco condominium building. • In addition to the sand, boulders, etc. now in the channel, debris from the various sources ended up in the water as well. CAC February 16, 2018 VI-1 Approval of Minutes 2 of 5 • The area needs to be dredged immediately to ensure safe navigation as the channel continues to be utilized by boaters. • The dredging work requires an expedited bidding process, be potentially eligible for FEMA funding and is anticipated to be completed by February of 2018. • The 12 – 15K cy of contaminated material will need to be removed and disposed of “off site” by truck as opposed to placed on area beaches as it does not meet the requirements for beach quality sand. • The Tourist Development Council (TDC) recommended approval of the proposal and TDC funds have been used 3 times in the past to dredge the channel. • The jetty will be rebuilt at a later date. • The work initiated before the hurricane to develop a master plan for the area will continue. Ms. Penniman moved to recommend the Board of County Commissioners declare that emergency circumstances exist based on damage caused by Hurricane Irma to Collier Creek; authorize an expedited procurement process to obtain quotes and negotiate a contract; authorize the County Manager or his designee to execute a contract to be presented to the Board for “after-the-fact” approval at the next regularly scheduled Commission meeting; authorize the necessary budget amendment; and finds this item promotes tourism (Fiscal Impact $1,320,000). Second by Mr. McCann. Carried unanimously 9 – 0. 2. Annual Monitoring for 2018 H&M Proposal Mr. McAlpin presented the Executive Summary “Recommendation to approve proposal dated December 5, 2017 from Humiston & Moore Engineers for Collier County Beaches and Inlets Annual Monitoring for 2018 under Contract No. 15-6382, authorize the County Manager or his designee to execute the work order for a not to exceed amount of $99,000.00 and makes a finding that this expenditure promotes tourism” dated December 14, 2017 for consideration. He noted: • The work is required under the County’s Florida Department of Environmental Conservation permits and conducted annually. • Included in the proposal is an allowance for the private beach areas of Port Royal and Barefoot beach to participate in the County’s beach renourishment project through a Memorandum of Understanding. Any funds expended by the County on private lands would need to be reimbursed by the private party. • The amount of the survey work allocated is $10,000 for Barefoot Beach and $7,500 for Port Royal. • Should those entities not participate in the endeavor, the contracted work would be reduced by the aforementioned amounts. The Committee requested the reports include the existing beach width in the areas surveyed. Ms. Penniman moved to recommend the Board of County Commissioners approve proposal dated December 5, 2017 from Humiston & Moore Engineers for Collier County Beaches and Inlets Annual Monitoring for 2018 under Contract No. 15-6382, authorize the County Manager or his designee to execute the work order for a not to exceed amount of $99,000.00 and finds this expenditure promotes tourism Second by Ms. Roddy. Carried unanimously 9 – 0. 3. 1st Amendment BOEM Lease BOEM Lease CAC February 16, 2018 VI-1 Approval of Minutes 3 of 5 Mr. McAlpin presented the Executive Summary “Recommendation to approve the First Amendment to Bureau of Ocean Energy Management (BOEM) Lease Negotiated Agreement No. OCS-G35160 for the use of up to 1.7 million cubic yards of Outer Continental Shelf sand sources from Borrow Area T-1 for beach renourishment in Collier County, authorize the Chairman to execute agreement, and make a finding that this item promotes tourism” dated December 14, 2017 for consideration. He noted: • The County’s existing sand lease which provide allowance for 1/2M cubic yards of sand expires in 2018. • There is no cost for the sand, however the County is responsible for any environmental studies associated with accessing the source. General estimates are the studies would cost approximately $250,000. • Under the new lease the County will be seeking a 3 year term and requesting allowance of 1.7M cubic yards of sand due to the beach repairs required as a result of Hurricane Irma. Ms. Penniman moved to recommend the Board of County Commissioners approve the First Amendment to Bureau of Ocean Energy Management (BOEM) Lease Negotiated Agreement No. OCS-G35160 for the use of up to 1.7 million cubic yards of Outer Continental Shelf sand sources from Borrow Area T-1 for beach renourishment in Collier County, authorize the Chairman to execute agreement, and finds this item promotes tourism. Second by Mr. McCann Carried unanimously 9 – 0. 4. Wiggins and Doctors Pass Dredging Bid Tabulations Mr. McAlpin presented the Executive Summary “Recommendation to award Invitation to Bid No. 18-7239 to Ferreira Construction, Inc. in the amount of $2,098,980 for the 2018 Wiggins Pass and Doctors Pass dredging projects, authorize necessary budget amendments, authorize the Chairman to execute the Agreement, and make a finding that this item promotes tourism (Project No. 90064)” dated December 14, 2017 for consideration. He noted: • The bid for the work was received on December 8th, and Ferreira Construction, Inc. was the low bidder. • The price received was lower than the budgeted amount of $2.125M. • Wiggins Pass was last dredged in 203 when 100,000 cubic yards were removed form the area. • Doctor’s Pass is dredged approximately every 4 years with 30,000 cubic yards of sand removed. • The work will initiate at Wiggins Pass followed by Doctor’s Pass and the sand will be placed on the beaches northerly and southerly of the dredged areas (Wiggins/Delnor State Park and Barefoot Beach for Wiggins Pass and Indies West for Doctor’s Pass). • The work is anticipated to be undertaken in February of 2018 and take 2 months to complete. Ms. Penniman moved to recommend the Board of County Commissioners award Invitation to Bid No. 18-7239 to Ferreira Construction, Inc. in the amount of $2,098,980 for the 2018 Wiggins Pass and Doctors Pass dredging projects, authorize necessary budget amendments, authorize the Chairman to execute the Agreement, and finds this item promotes tourism (Project No. 90064). Second by Mr. McCann. Carried unanimously 9 – 0. 5. Storm Damage Report: Hurricane Irma Report CAC February 16, 2018 VI-1 Approval of Minutes 4 of 5 Mr. McAlpin presented the Executive Summary “Review of Storm Damage Report: Hurricane Irma Collier County, Florida” dated December 14, 2017 and Storm Damage Report: Hurricane Irma Collier County, Fl. – November 2017 prepared by Aptin Environmental & Infrastructure, Inc. for information purposes. He noted: • The assessment of the beaches indicates 2 – 3 feet of beach height was eroded and the dunes were destroyed as a result of the hurricane. • Approximately 635,000 cubic yards of sand was swept off the beaches. • FEMA provides funding assistance for the work required to repair beaches as the result of a storm event however a major issue is a vast amount of the displaced sand remained in the system in the underwater beach area and is not eligible for FEMA funding. • The County will be seeking funding assistance from FEMA for the estimated 52,000 of sand that left the system. • The dunes could be repaired to their existing condition over the next year, however the County is working on a plan to widen the beach template and increase the height of the dunes. • The concern for undertaking the work necessary to repair the dunes in the near future to their pre Irma condition is that it may need to be redone under any plans approved to increase the height of the dunes. Mr. Trecker moved to accept the report as submitted by Staff. Second by Mr. McCann. Carried unanimously 9 – 0. IX. Old Business None X. Announcements 1. 2018 CAC Scheduled Meetings Ms. Hambright provided the 2018 meeting schedule for information purposes XI. Committee Member Discussion None XII. Next Meeting Date/Location January 11, 2018 – 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 2:22 P.M. Collier County Coastal Advisory Committee _________________________________ Robert Brown, Chairman These minutes approved by the Board/Committee on _________________as presented________ or as amended ___________. CAC February 16, 2018 VI-1 Approval of Minutes 5 of 5 COLLIER COUNTY TOURIST DEVELOPMENT TAX REVENUE Description Fund FY 18 Adopted Budget FY 18 Current Forecast FY 18 YTD Forecast FY 18 YTD Actual Var to FY 18 YTD Forecast Beach Facilities 183 990,100 990,100 224,127 229,181 5,054 TDC Promotion 184 9,405,900 9,405,900 2,129,196 2,135,613 6,417 Non-County Museums 193 526,900 526,900 119,273 121,964 2,690 TDC Admin 194 - - - 21,509 21,509 Beach Renourishment 195 10,777,100 10,777,100 2,439,592 2,472,573 32,981 Disaster Recovery 196 - - - - - County Museums 198 2,000,000 2,000,000 452,736 491,888 39,152 TDC Capital 758 3,950,000 3,950,000 894,154 881,272 (12,882) Gross Budget 27,650,000 27,650,000 6,259,078 6,354,000 94,922 Less 5% Rev Res (1,409,100)99.3% 0.2%1.5% Net Budget 26,240,900 -0.5% Collections Month Actual FY 18 Cum YTD % Budget Collected to Date % over FY 17 Collections % over FY 16 Collections % over FY 15 Collections Oct 848,879 848,879 3.07% 4.30% 6.82% 23.96% Nov 1,237,470 2,086,349 7.55% 16.77% 23.29% 28.13% Dec 1,639,301 3,725,650 13.47% 27.14% 24.13% 32.82% Jan 2,628,350 6,354,000 22.98% 32.09% 28.82% 34.80% Feb 6,354,000 22.98% n/a n/a n/a Mar 6,354,000 22.98% n/a n/a n/a Apr 6,354,000 22.98% n/a n/a n/a May 6,354,000 22.98% n/a n/a n/a June 6,354,000 22.98% n/a n/a n/a July 6,354,000 22.98% n/a n/a n/a Aug 6,354,000 22.98% n/a n/a n/a Sept 6,354,000 22.98% n/a n/a n/a Total 6,354,000 6,354,000 YTD 23.31%23.15%31.43% Forecast 27,650,000 97.0%27,650,000 High Forecast 21,620,760 Budget Comparison Month 5 Yr History- Cum 5 Yr History- Monthly Budgeted Collections Actual Collections Budget to Actual Variance Forecast Oct 3.49% 3.49% 965,569 848,879 (116,690) 965,569 Nov 8.11% 4.62% 1,277,188 1,237,470 (39,718) 1,277,188 Dec 13.95% 5.84% 1,614,257 1,639,301 25,044 1,614,257 Jan 22.64%8.69%2,402,064 2,628,350 226,286 2,402,064 Feb 36.20% 13.56%3,750,353 0 0 3,750,353 Mar 51.05% 14.85%4,105,189 0 0 4,105,189 Apr 70.75% 19.71%5,448,549 0 0 5,448,549 May 80.19%9.44%2,610,716 0 0 2,610,716 June 86.04%5.85%1,616,541 0 0 1,616,541 July 90.78%4.74%1,310,400 0 0 1,310,400 Aug 95.85%5.06%1,400,466 0 0 1,400,466 Sept 100.00% 4.15%1,148,707 0 0 1,148,707 Total 100.00% 100.0%27,650,000 6,354,000 94,922 27,650,000 99.30% 71363880014.36% FY 18 TDC Revenue Report 31-Jan-2018 $0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 MonthOctNovDecJanFebMarAprMayJuneJulyAugSeptMillionsTourist Development Tax Collection Curve Budgeted Collections Actual Collections Forecast PY Collections 2/13/20184:42 PM H:\Revenue Report\Monthly Sales, and TDC Receipts CAC February 16, 2018 VII-1 Staff Reports 1 of 18 CAC February 16, 2018 VII-1 Staff Reports 2 of 18 CAC February 16, 2018 VII-1 Staff Reports 3 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $76,843 $149,990 $236,963 $316,250 $512,938 $580,227 $570,569 $334,191 $217,611 $152,642 $175,256 $127,802 $3,451,282 2006/2007 $111,854 $151,746 $217,262 $291,277 $532,706 $589,595 $640,395 $340,926 $205,947 $156,476 $174,238 $145,286 $3,557,708 2007/2008 $122,094 $174,235 $231,470 $306,731 $564,747 $617,010 $664,907 $330,698 $233,938 $145,532 $172,641 $150,743 $3,714,746 2008/2009 $105,937 $154,246 $209,703 $298,657 $500,986 $528,321 $471,924 $327,310 $179,344 $133,913 $159,039 $120,786 $3,190,166 2009/2010 $102,425 $147,706 $202,271 $304,284 $473,406 $536,310 $578,659 $314,492 $192,256 $129,009 $150,982 $123,268 $3,255,068 2010/2011 $107,247 $144,923 $207,947 $296,553 $469,260 $537,127 $620,402 $342,016 $210,346 $150,143 $191,212 $144,535 $3,421,711 2011/2012 $124,889 $171,672 $257,204 $310,088 $463,661 $581,690 $646,118 $359,807 $239,314 $156,429 $192,882 $178,108 $3,681,862 2012/2013 $154,953 $197,464 $260,572 $344,886 $428,547 $618,948 $776,408 $361,084 $254,717 $189,506 $220,981 $191,856 $3,999,922 2013/2014 $176,811 $227,247 $269,078 $397,145 $591,687 $620,019 $863,967 $443,087 $296,589 $180,835 $212,986 $290,959 $4,570,410 2014/2015 $187,534 $265,869 $327,796 $474,209 $696,710 $742,256 $1,001,853 $482,405 $312,637 $252,342 $279,809 $250,168 $5,273,588 2015/2016 $232,052 $309,006 $366,933 $481,596 $788,052 $830,360 $975,436 $467,674 $321,374 $236,928 $297,223 $249,625 $5,556,259 2016/2017 $219,686 $318,030 $380,414 $493,973 $695,089 $837,554 $973,780 $523,046 $320,879 $243,442 $305,112 $195,261 $5,506,266 2017/2018 $286,412 $428,215 $522,487 $740,652 $1,977,766 TOTAL:$2,008,737 $2,840,349 $3,690,100 $5,056,301 $6,717,789 $7,619,417 $8,784,418 $4,626,736 $2,984,952 $2,127,197 $2,532,361 $2,168,397 $51,156,754 COLLIER COUNTY TOURIST TAX NAPLES CAC February 16, 2018 VII-1 Staff Reports 4 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $71,763 $112,414 $147,512 $199,030 $344,074 $525,468 $576,530 $374,000 $261,791 $218,203 $208,955 $150,041 $3,189,781 2006/2007 $73,397 $88,576 $141,951 $189,026 $335,898 $517,149 $595,449 $379,673 $225,816 $216,858 $194,291 $183,007 $3,141,091 2007/2008 $165,745 $166,397 $93,819 $321,400 $408,079 $503,575 $666,564 $507,602 $140,088 $322,017 $245,721 $151,743 $3,692,750 2008/2009 $99,516 $168,129 $185,986 $280,663 $372,230 $457,015 $473,292 $324,558 $204,748 $183,654 $186,855 $210,702 $3,147,348 2009/2010 $124,837 $158,522 $168,816 $229,316 $364,347 $466,758 $550,969 $361,520 $197,005 $167,786 $223,954 $215,814 $3,229,644 2010/2011 $149,854 $169,786 $175,540 $198,803 $307,625 $416,029 $571,019 $363,648 $210,320 $192,412 $210,599 $230,248 $3,195,883 20/11/2012 $142,329 $171,194 $201,691 $244,744 $391,683 $485,677 $628,522 $372,070 $226,574 $231,338 $221,306 $186,893 $3,504,021 2012/2013 $192,829 $165,543 $196,934 $244,332 $440,902 $525,686 $766,954 $388,107 $279,529 $256,653 $264,888 $209,436 $3,931,793 2013/2014 $159,125 $229,028 $247,875 $361,032 $490,359 $597,726 $909,200 $554,875 $338,299 $299,001 $317,687 $306,767 $4,810,974 2014/2015 $185,854 $237,856 $303,549 $482,595 $642,029 $705,000 $1,044,150 $610,274 $183,261 $200,044 $187,198 $217,355 $4,999,165 2015/2016 $157,467 $202,726 $248,085 $492,348 $620,091 $739,787 $1,116,549 $477,415 $277,849 $232,651 $273,434 $192,753 $5,031,155 2016/2017 $175,389 $201,952 $253,642 $456,211 $532,011 $730,625 $1,048,066 $653,777 $353,054 $318,033 $341,272 $237,620 $5,301,652 2017/2018 $202,959 $248,234 $333,501 $553,573 $1,338,267 TOTAL:$1,901,064 $2,320,357 $2,698,901 $4,253,073 $5,249,328 $6,670,495 $8,947,264 $5,367,519 $2,898,334 $2,838,650 $2,876,160 $2,492,379 $48,513,524 COLLIER COUNTY TOURIST TAX MARCO ISLAND CAC February 16, 2018 VII-1 Staff Reports 5 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $842 $1,151 $1,306 $1,450 $1,683 $1,837 $2,050 $1,786 $1,900 $1,774 $1,602 $1,372 $18,753 2006/2007 $1,306 $1,258 $1,837 $1,447 $2,307 $1,932 $1,982 $1,691 $1,466 $504 $786 $1,159 $17,675 2007/2008 $731 $746 $776 $966 $749 $828 $2,806 $1,501 $887 $650 $488 $530 $11,658 2008/2009 $410 $553 $686 $687 $808 $1,137 $952 $944 $618 $723 $671 $468 $8,657 2009/2010 $676 $624 $558 $754 $633 $912 $580 $596 $541 $965 $670 $663 $8,172 2010/2011 $625 $470 $639 $649 $649 $768 $928 $937 $440 $990 $517 $667 $8,279 2011/2012 $528 $489 $863 $1,067 $681 $740 $983 $879 $807 $709 $635 $614 $8,995 2012/2013 $457 $749 $804 $654 $882 $843 $1,056 $1,206 $1,017 $664 $496 $719 $9,547 2013/2014 $603 $722 $960 $903 $1,060 $1,039 $2,284 $1,501 $1,121 $718 $982 $794 $12,687 2014/2015 $564 $706 $1,117 $1,441 $1,245 $703 $2,809 $1,687 $1,180 $915 $963 $754 $14,084 2015/2016 $438 $944 $1,187 $688 $739 $2,657 $2,811 $1,957 $772 $2,875 $2,198 $2,599 $19,865 2016/2017 $2,278 $2,663 $3,405 $3,108 $2,639 $2,741 $5,517 $3,208 $2,988 $1,998 $1,419 $2,315 $34,279 2017/2018 $3,859 $5,316 $4,854 $4,489 $18,518 TOTAL:$13,317 $703 $18,992 $18,303 $14,075 $16,137 $24,758 $17,893 $13,737 $13,485 $11,427 $12,654 $191,169 COLLIER COUNTY TOURIST TAX IMMOKALEE CAC February 16, 2018 VII-1 Staff Reports 6 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $2,246 $3,922 $4,783 $6,921 $9,386 $15,217 $14,334 $13,423 $7,670 $3,754 $4,162 $3,331 $89,149 2006/2007 $4,678 $5,602 $5,705 $9,961 $12,884 $14,766 $16,860 $14,152 $8,653 $3,929 $4,101 $3,677 $104,968 2007/2008 $4,018 $5,424 $6,879 $9,724 $11,917 $16,032 $15,800 $11,327 $11,881 $4,136 $4,136 $3,481 $104,755 2008/2009 $3,443 $4,975 $7,186 $8,987 $11,486 $15,137 $15,206 $10,315 $5,932 $3,302 $3,729 $3,447 $93,145 2009/2010 $3,783 $4,473 $5,706 $8,704 $12,423 $15,656 $18,852 $10,467 $6,149 $3,705 $4,019 $3,055 $96,992 2010/2011 $3,270 $5,011 $6,326 $7,626 $10,020 $13,210 $17,210 $10,847 $6,870 $4,054 $5,237 $5,113 $94,794 2011/2012 $4,057 $5,607 $7,144 $9,161 $12,338 $17,648 $18,666 $9,921 $6,879 $4,220 $4,310 $2,760 $102,711 2012/2013 $6,921 $5,847 $8,340 $9,878 $14,311 $15,331 $19,962 $12,663 $7,850 $4,351 $5,896 $4,942 $116,292 2013/2014 $4,747 $5,151 $6,995 $12,217 $14,712 $21,076 $21,820 $15,074 $6,163 $7,558 $5,348 $5,580 $126,441 2014/2015 $5,491 $7,028 $9,630 $11,248 $13,741 $18,367 $34,109 $9,684 $11,501 $6,010 $6,910 $5,338 $139,057 2015/2016 $5,320 $7,818 $9,653 $12,146 $23,046 $19,371 $21,441 $10,272 $10,614 $5,503 $7,020 $4,774 $136,978 2016/2017 $5,792 $6,847 $7,355 $10,099 $16,229 $13,627 $19,695 $10,532 $6,629 $3,908 $4,981 $4,075 $109,769 2017/2018 $1,948 $2,457 $2,554 $8,301 $15,260 TOTAL:$55,714 $70,162 $88,256 $124,973 $162,493 $195,438 $233,955 $138,677 $96,791 $54,430 $59,849 $49,573 $1,330,311 COLLIER COUNTY TOURIST TAX EVERGLADES CITY CAC February 16, 2018 VII-1 Staff Reports 7 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $86,479 $255,807 $446,229 $534,560 $867,498 $1,119,215 $1,277,646 $777,494 $465,272 $357,870 $335,272 $262,452 $6,785,794 2006/2007 $245,217 $358,486 $492,296 $564,991 $952,204 $1,215,359 $1,354,022 $765,087 $465,420 $368,234 $336,767 $289,157 $7,407,240 2007/2008 $233,050 $342,484 $467,648 $602,044 $937,713 $1,172,727 $1,363,500 $726,065 $479,408 $332,957 $334,056 $280,120 $7,271,772 2008/2009 $190,563 $291,340 $395,097 $538,743 $749,012 $973,781 $1,060,618 $566,718 $358,045 $258,429 $289,170 $234,304 $5,905,820 2009/2010 $213,228 $235,663 $367,743 $514,622 $827,789 $1,013,235 $1,256,966 $636,092 $393,674 $282,867 $289,743 $235,133 $6,266,755 2010/2011 $217,861 $304,930 $359,617 $506,087 $813,768 $1,058,980 $1,357,406 $639,303 $422,707 $332,170 $323,179 $259,566 $6,595,574 2011/2012 $253,531 $342,743 $457,827 $643,501 $1,038,706 $1,239,892 $1,493,363 $694,955 $460,970 $337,636 $359,119 $278,418 $7,600,661 2012/2013 $272,701 $364,816 $492,571 $676,727 $1,172,851 $1,235,834 $1,738,679 $700,538 $498,074 $380,635 $346,039 $246,552 $8,126,017 2013/2014 $233,615 $413,939 $531,597 $748,942 $1,453,692 $1,542,772 $1,924,318 $881,271 $573,867 $451,258 $453,660 $407,724 $9,616,655 2014/2015 $305,368 $454,320 $592,116 $980,270 $1,638,465 $1,639,476 $2,196,507 $945,734 $606,906 $500,147 $500,735 $402,427 $10,762,471 2015/2016 $399,405 $483,228 $694,778 $1,053,597 $1,752,460 $1,731,161 $2,179,226 $912,053 $553,879 $451,873 $516,482 $366,398 $11,094,540 2016/2017 $410,746 $530,273 $644,528 $1,026,477 $1,624,157 $1,711,826 $2,082,685 $1,011,281 $600,619 $500,350 $520,749 $345,920 $11,009,611 2017/2018 $353,714 $553,253 $776,408 $1,321,335 $3,004,710 TOTAL:$3,415,478 $4,931,282 $6,718,455 $9,711,896 $13,828,315 $15,654,258 $19,284,936 $9,256,591 $5,878,841 $4,554,426 $4,604,971 $3,608,171 $101,447,620 COLLIER COUNTY TOURIST TAX COLLIER COUNTY CAC February 16, 2018 VII-1 Staff Reports 8 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $238,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,534,759 2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682 2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681 2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136 2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631 2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241 2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250 2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571 2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167 2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365 2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797 2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577 2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $6,354,521 TOTAL:$7,394,310 $10,178,541 $13,214,704 $19,164,546 $25,972,000 $30,155,745 $37,275,331 $19,407,416 $11,872,655 $9,588,188 $10,084,768 $8,331,174 $202,639,378 COLLIER COUNTY TOURIST TAX TOTALS NAPLES, MARCO ISLAND, IMMOKALEE, EVERGLADES CITY, COLLIER COUNTY CAC February 16, 2018 VII-1 Staff Reports 9 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $1,466 $198 $874 $1,987 $3,447 $6,076 $10,463 $1,504 $4,446 $1,740 $179 $29 $32,409 2006/2007 $2,403 $320 $1,387 $2,519 $3,479 $4,476 $7,976 $1,601 $624 $692 $1,447 $284 $27,208 2007/2008 $296 $2,797 $964 $2,770 $6,901 $4,396 $5,539 $2,817 $587 $1,045 $176 $158 $28,446 2008/2009 $675 $111 $1,162 $1,700 $3,571 $4,192 $7,489 $1,210 $710 $349 $63 $41 $21,273 2009/2010 $367 $165 $947 $2,776 $3,910 $4,729 $6,041 $2,607 $1,350 $799 $133 $150 $23,974 2010/2011 $1,113 $260 $1,018 $2,495 $4,802 $5,119 $4,555 $3,300 $2,706 $879 $140 $133 $26,520 2011/2012 $896 $435 $1,497 $863 $5,735 $6,040 $10,405 $4,081 $1,847 $1,221 $166 $64 $33,250 2012/2013 $1,205 $5,819 $1,368 $7,009 $5,810 $6,385 $8,007 $4,216 $1,647 $1,764 $520 $504 $44,254 2013/2014 $1,152 $646 $2,975 $6,856 $5,244 $8,564 $9,155 $3,800 $1,300 $1,372 $527 $926 $42,517 2014/2015 $801 $900 $4,565 $2,897 $5,534 $7,732 $7,636 $2,667 $984 $542 $133 $63 $34,454 2015/2016 $0 $32 $582 $1,003 $1,100 $1,714 $1,380 $774 $20 $0 $0 $0 $6,605 2016/2017 $102 $0 $0 $366 $911 $928 $887 $146 $31 $0 $0 $0 $3,371 2017/2018 $304 $0 $0 $39 $343 TOTAL:$10,780 $11,683 $17,339 $33,280 $50,444 $60,351 $79,533 $28,723 $16,252 $10,403 $3,484 $2,352 $324,624 COLLIER COUNTY TOURIST TAX APARTMENT CAC February 16, 2018 VII-1 Staff Reports 10 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $18,115 $9,286 $24,892 $46,267 $62,578 $172,726 $290,466 $55,985 $24,142 $17,905 $14,052 $10,670 $747,084 2006/2007 $17,081 $12,475 $21,751 $61,089 $79,540 $188,992 $323,240 $57,775 $23,138 $20,648 $14,595 $19,893 $840,217 2007/2008 $26,279 $14,948 $26,623 $60,871 $114,344 $203,054 $362,939 $60,403 $34,262 $19,440 $17,944 $15,076 $956,183 2008/2009 $18,344 $13,399 $23,789 $52,809 $91,805 $192,617 $347,817 $58,346 $23,642 $19,728 $12,954 $10,983 $866,233 2009/2010 $19,477 $14,463 $32,182 $63,689 $67,669 $240,487 $412,028 $65,444 $26,234 $23,042 $50,203 $55,623 $1,070,541 2010/2011 $84,551 $18,112 $30,208 $63,785 $91,669 $231,388 $462,079 $56,684 $32,886 $37,981 $18,278 $15,431 $1,143,052 2011/2012 $39,952 $21,515 $35,761 $82,154 $118,188 $264,235 $531,116 $59,412 $47,525 $37,085 $14,978 $13,141 $1,265,062 2012/2013 $37,104 $19,268 $34,216 $94,314 $124,921 $219,346 $582,861 $90,012 $45,445 $40,211 $15,982 $16,249 $1,319,929 2013/2014 $38,983 $23,686 $46,013 $113,055 $152,407 $278,202 $669,832 $111,727 $47,175 $55,723 $31,761 $29,195 $1,597,759 2014/2015 $51,794 $33,782 $60,359 $151,936 $146,758 $354,350 $790,643 $116,876 $70,976 $76,779 $33,550 $26,069 $1,913,872 2015/2016 $60,967 $36,867 $68,114 $157,270 $162,164 $444,282 $887,877 $124,587 $75,496 $73,065 $40,103 $35,487 $2,166,279 2016/2017 $57,428 $29,696 $53,673 $170,875 $181,452 $480,269 $798,816 $116,418 $64,600 $73,171 $32,066 $17,110 $2,075,574 2017/2018 $61,496 $39,621 $62,368 $229,125 $392,610 TOTAL:$531,571 $287,118 $519,949 $1,347,239 $1,393,495 $3,269,948 $6,459,714 $973,669 $515,521 $494,778 $296,466 $264,927 $16,354,395 COLLIER COUNTY TOURIST TAX CONDOMINIUM CAC February 16, 2018 VII-1 Staff Reports 11 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $2,009 $2,462 $6,622 $17,116 $21,543 $30,174 $33,024 $11,607 $5,331 $3,474 $3,313 $3,135 $139,810 2006/2007 $3,579 $4,746 $11,676 $11,640 $20,946 $27,551 $38,732 $9,843 $5,634 $2,542 $2,679 $2,917 $142,485 2007/2008 $2,813 $3,141 $5,568 $14,015 $22,010 $27,176 $32,516 $13,625 $3,740 $3,059 $2,716 $2,530 $132,909 2008/2009 $2,648 $3,212 $4,849 $13,465 $39,031 $26,499 $40,324 $8,261 $3,491 $2,910 $1,959 $1,859 $148,508 2009/2010 $2,494 $2,999 $5,825 $13,772 $21,117 $30,227 $41,973 $7,260 $3,551 $1,501 $3,616 $1,954 $136,289 2010/2011 $1,903 $3,102 $5,296 $14,095 $18,919 $25,457 $42,028 $7,013 $3,961 $1,735 $3,441 $2,802 $129,752 2011/2012 $1,892 $3,546 $5,271 $11,540 $28,012 $27,270 $22,208 $7,704 $19,524 $2,046 $3,239 $2,103 $134,355 2012/2013 $2,387 $2,995 $6,424 $14,205 $23,600 $25,327 $37,713 $10,830 $3,897 $2,184 $4,143 $2,221 $135,926 2013/2014 $1,993 $3,212 $5,155 $14,761 $36,764 $35,967 $28,369 $11,973 $5,362 $3,463 $3,354 $3,157 $153,530 2014/2015 $3,597 $6,207 $9,069 $22,943 $38,241 $27,390 $46,976 $9,553 $4,949 $3,096 $3,347 $2,309 $177,677 2015/2016 $2,724 $4,412 $8,772 $20,618 $37,682 $31,554 $30,013 $8,095 $6,071 $2,937 $4,443 $1,717 $159,038 2016/2017 $7,602 $7,952 $8,080 $21,613 $34,788 $34,222 $32,073 $12,719 $4,890 $2,697 $3,482 $1,890 $172,008 2017/2018 $1,279 $5,875 $10,173 $23,802 $41,129 TOTAL:$36,920 $53,861 $92,780 $213,585 $342,653 $348,814 $425,949 $118,483 $70,401 $31,644 $39,732 $28,594 $1,803,416 COLLIER COUNTY TOURIST TAX CAMPGROUND-RV-PARK CAC February 16, 2018 VII-1 Staff Reports 12 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $284,057 $467,480 $720,774 $761,245 $1,112,751 $1,512,646 $1,716,480 $1,253,822 $855,707 $647,441 $626,697 $488,099 $10,447,199 2006/2007 $371,144 $531,060 $735,510 $744,056 $1,163,479 $1,582,476 $1,772,635 $1,282,854 $829,704 $641,921 $614,936 $533,317 $10,803,092 2007/2008 $450,926 $600,629 $663,134 $899,608 $1,210,928 $1,557,503 $1,811,406 $1,370,272 $738,197 $715,412 $647,247 $503,218 $11,168,480 2008/2009 $326,143 $547,238 $683,525 $804,914 $926,626 $1,244,914 $1,240,850 $1,012,168 $653,733 $484,556 $539,652 $482,466 $8,946,785 2009/2010 $367,978 $469,435 $611,459 $712,102 $1,010,110 $1,243,041 $1,434,996 $1,081,251 $698,121 $477,576 $532,222 $454,761 $9,093,052 2010/2011 $333,456 $555,623 $619,659 $684,174 $953,504 $1,315,029 $1,587,010 $1,132,637 $737,285 $567,319 $611,275 $569,446 $9,666,417 2011/2012 $410,547 $599,695 $765,114 $796,797 $1,113,647 $1,478,881 $1,662,425 $1,202,831 $787,911 $585,887 $662,575 $552,740 $10,619,050 2012/2013 $495,304 $623,240 $817,839 $841,115 $1,297,086 $1,528,434 $2,029,146 $1,189,336 $899,504 $657,869 $713,107 $550,807 $11,642,787 2013/2014 $421,418 $763,375 $861,981 $987,059 $1,521,759 $1,892,765 $2,217,126 $1,509,105 $1,053,566 $739,111 $836,888 $829,790 $13,633,943 2014/2015 $489,410 $800,822 $978,573 $1,246,839 $1,628,493 $2,041,235 $2,567,419 $1,640,157 $904,647 $714,526 $791,187 $719,164 $14,522,472 2015/2016 $587,337 $828,572 $1,055,353 $1,284,152 $1,686,637 $2,079,266 $2,455,547 $1,467,836 $974,845 $692,049 $885,940 $672,676 $14,670,210 2016/2017 $626,746 $877,729 $1,017,788 $1,287,233 $1,563,872 $2,039,072 $2,372,645 $1,759,078 $1,094,422 $813,074 $977,476 $673,803 $15,102,938 2017/2018 $613,533 $1,022,875 $1,308,762 $1,685,174 $4,630,344 TOTAL:$5,777,999 $8,687,773 $10,839,471 $12,734,468 $15,188,892 $19,515,262 $22,867,685 $15,901,347 $10,227,642 $7,736,741 $8,439,202 $7,030,287 $144,946,769 COLLIER COUNTY TOURIST TAX HOTEL-MOTEL CAC February 16, 2018 VII-1 Staff Reports 13 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $865 $2,254 $3,617 $4,037 $7,099 $8,669 $15,490 $9,765 $8,182 $4,710 $7,116 $5,100 $76,904 2006/2007 $2,028 $3,691 $9,886 $10,092 $19,130 $24,221 $26,340 $17,397 $9,043 $6,290 $12,221 $6,099 $146,438 2007/2008 $6,597 $7,295 $10,353 $10,716 $20,438 $19,074 $20,960 $13,613 $7,614 $7,215 $7,767 $6,333 $137,975 2008/2009 $4,897 $5,623 $7,807 $10,438 $14,909 $13,650 $20,868 $21,687 $10,080 $11,449 $13,356 $13,307 $148,071 2009/2010 $10,156 $9,509 $13,274 $20,198 $17,462 $28,801 $34,980 $31,383 $12,115 $19,999 $15,197 $9,839 $222,913 2010/2011 $7,444 $5,816 $13,426 $18,029 $17,347 $22,275 $27,152 $28,303 $16,540 $6,406 $14,542 $9,450 $186,730 2011/2012 $4,990 $7,843 $11,914 $14,375 $18,080 $18,075 $22,054 $23,386 $10,833 $11,349 $16,720 $6,776 $166,395 2012/2013 $7,420 $9,011 $8,739 $10,799 $18,677 $30,204 $25,897 $17,922 $11,497 $15,806 $14,176 $13,514 $183,662 2013/2014 $7,725 $9,110 $10,946 $16,611 $16,706 $24,095 $25,334 $25,782 $11,816 $10,651 $18,300 $9,171 $186,247 2014/2015 $7,907 $9,119 $9,317 $12,089 $20,035 $18,110 $29,146 $23,859 $12,435 $11,037 $9,440 $8,348 $170,842 2015/2016 $6,528 $8,747 $8,746 $11,803 $17,912 $18,711 $23,039 $16,287 $9,077 $8,436 $12,384 $9,435 $151,105 2016/2017 $6,671 $6,505 $7,993 $11,488 $14,095 $13,429 $26,460 $15,473 $15,673 $14,178 $17,732 $12,203 $161,900 2017/2018 $5,645 $7,545 $10,429 $15,348 $38,967 TOTAL:$78,873 $92,068 $126,447 $166,023 $201,890 $239,314 $297,720 $244,857 $134,905 $127,526 $158,951 $109,575 $1,978,149 COLLIER COUNTY TOURIST TAX INTERVAL CAC February 16, 2018 VII-1 Staff Reports 14 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $26 $312 $554 $517 $129 $779 $2,399 $45 $51 $89 $14 $2 $4,917 2006/2007 $3,093 $482 $203 $620 $1,110 $2,831 $2,017 $700 $828 $133 $160 $170 $12,347 2007/2008 $172 $288 $768 $1,444 $3,492 $1,941 $4,349 $557 $218 $461 $348 $450 $14,488 2008/2009 $43 $162 $1,057 $1,229 $1,982 $3,139 $4,012 $1,175 $702 $228 $249 $194 $14,172 2009/2010 $438 $746 $974 $1,688 $2,479 $1,940 $5,061 $2,170 $911 $516 $292 $464 $17,679 2010/2011 $352 $705 $1,477 $2,940 $3,895 $4,309 $5,743 $1,692 $879 $312 $266 $257 $22,827 2011/2012 $228 $517 $543 $1,455 $1,392 $3,710 $4,826 $1,441 $466 $126 $156 $157 $15,017 2012/2013 $126 $281 $1,558 $1,306 $1,815 $3,131 $6,289 $814 $1,025 ($564)$327 $146 $16,254 2013/2014 $64 $80 $112 $842 $1,238 $1,737 $4,279 $505 $128 $19 $106 $6 $9,116 2014/2015 $19 $23 $116 $1,531 $522 $1,121 $5,015 $799 $552 $17 $16 $17 $9,748 2015/2016 $0 $37 $159 $585 $657 $2,431 $3,617 $534 $160 $187 $27 $19 $8,413 2016/2017 $18 $20 $323 $409 $610 $1,890 $2,965 $536 $46 $87 $38 $31 $6,973 2017/2018 $74 $69 $113 $417 $673 TOTAL:$4,653 $3,722 $7,957 $14,983 $19,321 $28,959 $50,572 $10,968 $5,966 $1,611 $1,999 $1,913 $152,624 COLLIER COUNTY TOURIST TAX MOBILE HOME PARK CAC February 16, 2018 VII-1 Staff Reports 15 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $9,710 $3,439 $4,409 $18,100 $17,773 $24,067 $52,042 $15,400 $5,945 $9,955 $6,729 $3,319 $170,888 2006/2007 $13,559 $4,549 $6,049 $20,838 $14,666 $23,955 $67,207 $13,573 $6,254 $16,936 $7,301 $8,453 $203,340 2007/2008 $17,673 $7,136 $12,482 $27,895 $15,617 $22,793 $82,815 $18,577 $11,121 $19,502 $8,797 $10,929 $255,337 2008/2009 $17,263 $11,147 $10,098 $33,205 $16,416 $33,371 $97,716 $19,903 $11,470 $23,375 $12,173 $9,587 $295,724 2009/2010 $24,226 $7,933 $12,349 $33,206 $16,749 $41,749 $113,111 $20,584 $9,537 $23,926 $12,516 $17,674 $333,560 2010/2011 $31,981 $9,989 $12,618 $39,011 $20,626 $40,342 $126,367 $27,892 $12,448 $28,622 $20,527 $9,345 $379,768 2011/2011 $45,000 $11,899 $21,462 $49,877 $28,960 $51,324 $151,981 $26,449 $21,948 $38,055 $14,146 $33,708 $494,809 2012/2013 $38,478 $20,317 $19,333 $64,759 $37,280 $58,743 $169,738 $37,878 $24,636 $47,914 $17,384 $13,850 $550,310 2013/2014 $52,554 $16,301 $22,264 $69,743 $46,047 $59,529 $246,183 $58,476 $28,202 $57,917 $23,435 $24,534 $705,185 2014/2015 $70,504 $28,196 $27,002 $102,653 $55,207 $89,876 $298,550 $52,158 $47,797 $69,675 $21,450 $26,396 $889,464 2015/2016 $67,138 $28,733 $31,540 $113,112 $59,552 $131,755 $361,396 $56,053 $34,679 $73,245 $26,281 $20,359 $1,003,843 2016/2017 $83,753 $21,429 $34,054 $113,691 $72,356 $139,427 $374,058 $83,333 $34,610 $89,029 $24,924 $20,192 $1,090,856 2017/2018 $86,058 $34,298 $44,503 $151,536 $316,395 TOTAL:$557,897 $205,366 $258,163 $837,626 $401,249 $716,931 $2,141,164 $430,276 $248,647 $498,151 $195,663 $198,346 $6,689,479 COLLIER COUNTY TOURIST TAX SINGLE FAMILY CAC February 16, 2018 VII-1 Staff Reports 16 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $21,925 $37,853 $75,051 $208,942 $510,259 $486,827 $320,765 $152,766 $50,440 $48,929 $67,147 $34,644 $2,015,548 2006/2007 $23,565 $48,345 $72,589 $205,848 $533,649 $484,299 $370,561 $117,786 $32,077 $56,839 $56,844 $51,153 $2,053,555 2007/2008 $20,882 $53,052 $80,700 $223,546 $529,475 $474,235 $393,053 $97,329 $70,463 $39,158 $72,047 $47,923 $2,101,863 2008/2009 $29,856 $38,351 $66,371 $209,977 $540,182 $457,009 $262,916 $107,095 $44,859 $37,426 $59,058 $51,270 $1,904,370 2009/2010 $19,813 $41,738 $68,084 $210,249 $539,102 $441,771 $357,570 $112,468 $37,806 $36,973 $55,189 $37,468 $1,958,231 2010/2011 $18,057 $31,513 $66,367 $185,189 $490,560 $382,195 $312,031 $99,230 $43,978 $36,515 $62,275 $33,265 $1,761,175 2011/2012 $21,829 $46,255 $83,167 $251,500 $593,055 $476,112 $382,637 $112,328 $44,490 $54,563 $66,272 $38,104 $2,170,312 2012/2013 $45,837 $53,488 $69,744 $242,970 $548,304 $525,072 $443,408 $112,590 $53,536 $66,625 $72,661 $56,214 $2,290,449 2013/2014 $51,012 $59,677 $107,059 $311,312 $771,345 $481,773 $521,311 $174,440 $68,490 $71,114 $76,292 $115,045 $2,808,870 2014/2015 $60,779 $86,730 $145,207 $408,875 $1,097,400 $565,988 $534,043 $203,715 $73,145 $83,786 $116,492 $93,676 $3,469,836 2015/2016 $69,988 $96,322 $147,370 $451,832 $1,218,684 $613,623 $532,594 $195,205 $64,140 $79,911 $127,179 $76,456 $3,673,304 2016/2017 $31,571 $116,434 $167,433 $384,193 $1,002,041 $587,136 $521,839 $214,141 $69,897 $75,495 $117,815 $59,962 $3,347,957 2017/2018 $80,503 $127,192 $203,456 $522,909 $934,060 TOTAL:$495,617 $836,950 $1,352,598 $3,817,342 $8,374,056 $5,976,040 $4,952,728 $1,699,093 $653,321 $687,334 $949,271 $695,180 $30,489,530 COLLIER COUNTY TOURIST TAX REALTOR CAC February 16, 2018 VII-1 Staff Reports 17 of 18 FISCAL YEAR OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST SEPTEMBER YEARLY TOTALS 2005/2006 $38,173 $523,284 $836,793 $1,058,211 $1,735,579 $2,241,964 $2,441,129 $1,500,894 $954,244 $734,243 $725,247 $544,998 $13,334,759 2006/2007 $436,452 $605,668 $859,051 $1,056,702 $1,835,999 $2,338,801 $2,608,708 $1,501,529 $907,302 $746,001 $710,183 $622,286 $14,228,682 2007/2008 $525,638 $689,286 $800,592 $1,240,865 $1,923,205 $2,310,172 $2,713,577 $1,577,193 $866,202 $805,292 $757,042 $586,617 $14,795,681 2008/2009 $399,869 $619,243 $798,658 $1,127,737 $1,634,522 $1,975,391 $2,021,992 $1,229,845 $748,687 $580,021 $639,464 $569,707 $12,345,136 2009/2010 $444,949 $546,988 $745,094 $1,057,680 $1,678,598 $2,032,871 $2,406,026 $1,323,167 $789,625 $584,332 $669,368 $577,933 $12,856,631 2010/2011 $478,857 $625,120 $750,069 $1,009,718 $1,601,322 $2,026,114 $2,566,965 $1,356,751 $850,683 $679,769 $730,744 $640,129 $13,316,241 2011/2012 $525,334 $691,705 $924,729 $1,208,561 $1,907,069 $2,325,647 $2,787,652 $1,437,632 $934,544 $730,332 $778,252 $646,793 $14,898,250 2012/2013 $627,861 $734,419 $959,221 $1,276,477 $2,057,493 $2,396,642 $3,303,059 $1,463,598 $1,041,187 $831,809 $838,300 $653,505 $16,183,571 2013/2014 $574,901 $876,087 $1,056,505 $1,520,239 $2,551,510 $2,782,632 $3,721,589 $1,895,808 $1,216,039 $939,370 $990,663 $1,011,824 $19,137,167 2014/2015 $684,811 $965,779 $1,234,208 $1,949,763 $2,992,190 $3,105,802 $4,279,428 $2,049,784 $1,115,485 $959,458 $975,615 $876,042 $21,188,365 2015/2016 $794,682 $1,003,722 $1,320,636 $2,040,375 $3,184,388 $3,323,336 $4,295,463 $1,869,371 $1,164,488 $929,830 $1,096,357 $816,149 $21,838,797 2016/2017 $813,891 $1,059,765 $1,289,344 $1,989,868 $2,870,125 $3,296,373 $4,129,743 $2,201,844 $1,284,169 $1,067,731 $1,173,533 $785,191 $21,961,577 2017/2018 $848,892 $1,237,475 $1,639,804 $2,628,350 $6,354,521 TOTAL:$7,194,310 $10,178,541 $13,214,704 $19,164,546 $25,972,000 $30,155,745 $37,275,331 $19,407,416 $11,872,655 $9,588,188 $10,084,768 $8,331,174 $202,439,378 COLLIER COUNTY TOURIST TAX TOTALS APARTMENTS, CONDOMINIUM, CAMPGROUD/RV/PARK, HOTEL/MOTEL, INTERVAL, MOBILE HOME PARK, SINGLE FAILY, REALTOR CAC February 16, 2018 VII-1 Staff Reports 18 of 18 EXECUTIVE SUMMARY Recommendation to approve the ranked list of designed professionals pursuant to RFP No. 17-7188, “Professional Services for Nearshore Hardbottom Monitoring,” and authorize staff to negotiate a contract with the top ranked firm CSA Ocean Sciences, Inc. for subsequent Board of County Commissioners approval; or, if contract negotiations are unsuccessful, to authorize staff to commence contract negotiations with the second ranked proposer, APTIM Env ironmental & Infrastructure, Inc., and make a finding that this item promotes tourism (Project No. 90033). OBJECTIVE: To obtain professional engineering services for five (5) years of nearshore biological monitoring of Collier County’s coast as required by regulatory permits. CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP) and the United States Army Corps of Engineers require nearshore biological monitoring to be performed on a yearly basis to assure that beach renourishment sand has not migrated onto the nearshore coral outcropping off the coast of Collier County. This work is required to be performed during the late summer and early fall when the Gulf of Mexico underwater visibility is greatest. Field work must be completed according to permit, by September 30, 2018. On August 4, 2017, the Procurement Services Division released notices of Request for Professional Services No. 17-7188 to 1,518 firms for Professional Engineering Services for nearshore hardbottom monitoring. Ninety-seven (97) solicitation packages were downloaded and two (2) were received by the due date of November 13, 2017. The Selection Committee met on December 18, 2017, and scored each of the proposals submitted. Presentations were given by both firms on January 4, 2018, and the final ranking was postponed to answer procedural questions. The meeting was reconvened on January 11, 2018, and the committee ranked CSA Ocean Sciences, Inc. as the most qualified consultant to perform this work. CSA Ocean Sciences, Inc. is sufficiently familiar with the scope of this project and is qualified with similar experience throughout Florida. Staff recommends approval of the final ranking and requests authorization to commence contract negotiations with CSA Ocean Sciences, Inc. for this work. This recommendation is in compliance with CCNA policies and procedures. If contract negotiations are not successful with CSA Ocean Sciences, Inc., then staff is seeking authorization to commence contract negotiations with the second ranked proposer APTIM Environmental & Infrastructure, Inc. with the objective of bringing an acceptable negotiated contract back to the Board for approval. Name of Firm Final Ranking CSA Ocean Sciences, Inc. 1 APTIM Environmental & Infrastructure, Inc. 2 FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed, a contract will be brought to the Board for approval. Funding is budgeted annually in the Beach Renourishment Fund (195) Nearshore Hardbottom Monitoring Project No. 90033. A cost share FDEP funding reimbursement will be solicited for the completed work. GROWTH MANAGEMENT IMPACT: There are no Growth Management Impacts as a result of this project. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG CAC February 16, 2018 VIII-1 New Business 1 of 2 RECOMMENDATION: To approve the ranked list of designed professionals pursuant to RFP No. 17 - 7188, “Professional Services for Nearshore Hardbottom Monitoring,” and authorize staff to negotiate a contract with the top ranked firm CSA Ocean Sciences, Inc. for subsequent Board approval; or, if contract negotiations are unsuccessful, to authorize staff to commence contract negotiations with the second ranked proposer, APTIM Environmental & Infrastructure, Inc., and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division CAC February 16, 2018 VIII-1 New Business 2 of 2 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants’ Competitive Negotiation Act FOR Professional Services for Nearshore Hardbottom Monitoring RPS NO.: 17-7188 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-2667 FAX: (239) 252-2810 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. TABLE OF CONTENTS ITEM DESCRIPTION......................................................................................................................................................... 1.0 Introduction 2.0 Background 3.0 Request for Professional Services (RPS) Process 4.0 Grading Criteria for Development of Shortlist Instruction to Proposers 5.0 Questions 6.0 Pre-Proposal Conference 7.0 Compliance with RPS 8.0 Ambiguity, Conflict, or Other Errors in the RPS 9.0 Proposals, Presentations, and Protest Costs 10.0 Delivery of Proposals 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RPS 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County’s Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Payment Method 24.0 Environmental Health and Safety 25.0 Licenses 26.0 Survivability 27.0 Principal/Collusion 28.0 Relation of County 29.0 Termination 30.0 Lobbying 31.0 Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 32.0 Single Proposal 33.0 Protest Procedures 34.0 Public Entity Crime 35.0 Security and Background Checks 36.0 Conflict of Interest 37.0 Prohibition of Gifts to County Employees 38.0 Immigration law Affidavit Certification 39.0 Term of Contract Attachments Attachment A – Scope of Services Attachment B – Required RPS Forms Grant Contract Provisions and Assurances FOR QUALIFICATIONS SUBMITTAL REQUEST FOR PROFESIONAL SERVICES (RPS) NUMBER: 17-7188 PROJECT TITLE: Professional Services for Nearshore Hardbottom Monitoring PROPOSAL OPENING DAY/DATE/TIME: September 4, 2017 at 3:00 P.M. PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1.0 INTRODUCTION 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 Request for P rofessional Services (hereinafter, “RPS”) with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The purpose of this monitoring plan is to determine potential nearshore hardbottom impacts resulting from the placement of beach compatible sand on the Collier County beach shoreline from beach renourishments, as well as potential impacts from Doctors Pa ss maintenance dredging project and the Wiggins Pass maintenance dredging and navigation improvement project. 2.0 BACKGROUND Nearshore hardbottom habitat is present along the Collier County shoreline. Hardbottom resources have been identified through sidescan sonar survey and diver verification on several occasions. 3.0 REQUEST FOR PROFESSIONAL SERVICES (RPS) PROCESS 3.1 The selection process will involve a two step proposal review to minimize Proposers’ costs in preparing initial qualification proposals and expediting the review process. The Proposers will initially submit a qualifications proposal which will be scored based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist, which will be the basis for short-listing no less than three (3) firms. The Proposers will need to meet the minimum requirements outlined herein in or der for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations (Step 2) to at least the top three short-listed firms and produce a final ranking for approval by the Board of County Commissioners . Upon approval, the County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm, based on the negotiated price and technical components. The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition. 3.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process. 3.3 The intent of the Step 1 scoring of the qualifications proposal is for consultants to indicate their interest, relevant experience, financial capability, staffing and organizational structure. 3.4 Based upon a review of these qualification proposals, the top three (3) short-listed firms will be requested to submit Step 2, to make oral presentations. 3.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 3.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 3.7 After review of the Step 2 oral presentations, the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 3.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 4.0 GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 4.1 For the development of a shortlist, this evaluation criteria will be utilized by the COUNTY’S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 20 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 25 Points 4. Project Approach, Willingness to Meet Time and Budget Requirements 20 Points 5. Location 10 Points 6. Recent, Current, and Projected Workloads of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty -four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial system of record. The tie breaking procedure is only applied in the final ranking step of the selection process. In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three (3) witnesses. ----------------------------------------------------------------------------------------------------------------------------------------------- Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1: ABILITY OF PROFESSIONAL PERSONNEL (20 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type, size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams (both individ ual within the teams and the companies making up the team) that have worked together on successful delivery of similar projects. It measures the overall level of the team’s qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO. 3: PAST PERFORMANCE (25 Total Points Available) This criterion measures the professional team’s past experience with projects similar in size, type and complexity as this project. The professional teams will be evaluated on their Hard Bottom Monitoring projects of the size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated, with specifi c emphasis on experience addressing the technical, community and project delivery categories. The professional team’s minimization of change orders will be an important consideration. Preference will be given to Hard Bottom Monitoring within the last 5 years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B – Form 8. Proposer may include two (2) additional pages for each project to illustrate aspects of the completed project that provides the PSC information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS (20 Total Points Available) Written overview of the professional team’s resources available to complete the services requested in the schedule outlined in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and assemble the resources to meet each phase and each major element of the project. (Limit response to 3 pages) A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time, sequencing of the major elements. (Limit schedule to 1 page, 11” x 17” page size and 40 activities maximum) Written overview of professional team’s concept and approach to managing the overall cost of the project. (Limit response to 3 pages) Include in the 3 page response specific information on past project performance that demonstrates the Proposer’s ability to meet owners’ budgets including change order history on similar projects. EVALUATION CRITERIA NO. 5: LOCATION (10 Total Points Available) The professional team’s approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on-site information collection and distribution between internal and external team members, and County staff, as well as other entities involved in the project. EVALUATION CRITERIA NO. 6: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20 Total Points Available) This criterion measures the team’s proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 5.0 QUESTIONS 5.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 5.2 Consultants 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 noted on the cover page. 6.0 PRE-PROPOSAL CONFERENCE 6.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the R PS. Only written responses to written questions will be considered official, and will be included as part of the RPS as an addendum. 6.2 All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre -proposal conference for this solicitation. If this pre-proposal conference is denoted as “mandatory”, prospective Consultants must be present in order to submit a proposal response. 7.0 COMPLIANCE WITH THE RPS 7.1 Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 8.0 AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RPS 8.1 It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RPS, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this R PS from the Procurement Services Division. 9.0 PROPOSALS, PRESENTATIONS, AND PROTEST COSTS 9.1 The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 10.0 DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P.M., Naples local time, on or before August 24, 2017 the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 11.0 VALIDITY OF PROPOSALS 11.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12.0 METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08, establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 13.0 EVALUATION OF PROPOSALS 13.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055, Consultants’ Competitive Negotiation Act (CCNA). 13.2 The County’s procedure for selecting is as follows: 13.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.2.2 The Request for Professional Services is issued. 13.2.3 Subsequent to the receipt closing date for the proposals, the Procureme nt professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 13.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 13.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one (1) day advanced notice . 13.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee S core and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions / comments based on their reading and interpretation of the materials presented to each other, and may ask questions of one another. Time will be allowed for public comment. 13.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, clarification of proposer information, and/or additional credit information. 13.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination on which firms will be invited to give or al presentations by short listing the proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.2.10 The selection committee’s overall rank of firms in order of preference (from highest beginning with a rank of one (1) to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 13.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 13.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 13.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14.0 REFERENCES 14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation. 15.0 RESERVED RIGHTS 15.1 Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive mino r irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any pa rt of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. END OF INSTRUCTIONS TO PROPOSERS 16.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16.1 Offer 16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The contain er and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of suc h shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed thr ough insurers authorized or eligible to write policies in the State of Florida. 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failur e in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice t o 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 such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Or der duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR RPS 17.0 INSURANCE AND BONDING REQUIREMENTS 17.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Consultant waive against each other and the County’s separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. T he Consultant and County shall, where appropriate, require similar waivers of subrogation from the County’s separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 17.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self -insured retentions or deductibles will be Consultant’s sole responsibility. 17.8 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. 17.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Consultant not maintain the insurance coverage(s) required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s) purchased. If Consultant fails to reimburse the County for such costs within thirty (30) days after demand, the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Consultant shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 18.0 ADDITIONAL ITEMS AND/OR SERVICES 18.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 19.0 COUNTY’S RIGHT TO INSPECT 19.1 The County or its authorized Agent shall have the right to inspect the Consultant’s facilities/project site during and after each work assignment the Consultant is performing. 20.0 VENDOR PERFORMANCE EVALUATION 20.1 The 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 this Agreement. 21.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Consultant shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager . 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 21.4 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. 22.0 PUBLIC RECORDS COMPLIANCE 22.1 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 22.2 The Contractor must specifically comply with the Florida Public Records Law to: 22.2.1 Keep and maintain public records required by the public agency to perform the service. 22.2.2 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 inspect ed 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. 22.2.3 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. 22.2.4 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. 23.0 PAYMENT METHOD 23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 23.1.1 Purchase Order Number 23.1.2 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 East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 23.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of “laches” as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 23.3 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 s atisfy 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. 23.4 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. 24.0 ENVIRONMENTAL HEALTH AND SAFETY 24.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. 24.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant’s work operations. This provision is non-negotiable by any department and/or Consultant. 24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 25.0 LICENSES 25.1 The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. 25.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must co mplete 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. 25.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 26.0 SURVIVABILITY 26.1Bids (ITBs/RFPs/RPSs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation Professional Services for Nearshore Hardbottom Monitoring 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. 27.0 PRINCIPAL/COLLUSION 27.1 By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 28.0 RELATION OF COUNTY 28.1 It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consult ant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 29.0 TERMINATION 29.1 Should the Consultant 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. 30.0 LOBBYING 30.1 After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 31.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Florida Statute 607.1501) 31.1 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.org/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. 32.0 SINGLE PROPOSAL 32.1 Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub -consultant to any other firm or firms submitting under the same RPS. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 33.0 PROTEST PROCEDURES 33.1 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 strictly in accordance with the County’s current Procurement Ordinance and policies. 33.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within t hree (3) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. 33.3 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 t he "Protest Policy" is available at the office of the Procurement Director. 34.0 PUBLIC ENTITY CRIME 34.1 A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work ; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 35.0 SECURITY AND BACKGROUND CHECKS 35.1 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 Manageme nt 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, e ducation, 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. 35.2 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. 35.3 The Contractor shall immediately notify the Collier County Facilities Ma nagement 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 noti fy within four (4) hours of separation may result in a deduction of $500 per incident. 35.4 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. 36.0 CONFLICT OF INTEREST 36.1 Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this R PS document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 37.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES 37.1 No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or othe r item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, t he 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, RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 38.0 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 38.1 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. 38.2 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 Request for Professional Services (RPS) and construction services. 38.3 Exceptions to the program: 38.3.1 Commodity based procurement where no services are provided. 38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissio ners 38.4 Consultants / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant’s/bidder’s proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County 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/Consultant does not comply with providing the acceptable E -Verify evidence and the executed affidavit the bidder’s / Consultant’s proposal may be deemed non-responsive. 38.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the “Exceptions to the program” clause above. 38.6 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 Consultant’s responsibility to familiarize themselves with all rules and regulations governing this program. 38.7 Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et 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 agree ment and the County shall have the discretion to unilaterally terminate said agreement immediately. 39.0 TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. END OF ADDITIONAL TERMS AND CONDITIONS FOR RPS Response to Request for Professional Services 17-7188 Professional Services for Nearshore Hardbottom Monitoring Due: 13 November @ 3:00 pm Response to Request for Professional Services 17-7188 Professional Services for Nearshore Hardbottom Monitoring 13 November 2017 The content of this document is the exclusive property of CSA Ocean Sciences Inc. It has been provided for the purpose for which it is supplied and is not for general release or disclosure. The recipient of this document should take all measures to ensure that the contents are only disclosed to those persons having a legitimate right to know. The recipient should also note that this document is provided on the express terms that it is not to be copied whole or in part or disclosed in any manner to third parties without the express authority in writing from CSA Ocean Sciences Inc. Submitted to: Submitted by: Collier County Board of County Commissioners CSA Ocean Sciences Inc. Attn: Evelyn Colon, Procurement Strategist Attn: Deborah Kilbane 3295 Tamiami Trail East, Bldg C-2 8502 SW Kansas Avenue Naples, Florida 34112 Stuart, Florida 34997 Telephone: 239-252-2667 Telephone: 772-219-3000 Ext. 312 Email: evelyncolon@colliergov.net Email: dkilbane@conshelf.com iii Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. TABLE OF CONTENTS Page 1.0 INTRODUCTION ........................................................................................................................ 1 2.0 ABILITY OF PROFESSIONAL PERSONNEL ................................................................................ 2 3.0 MINORITY BUSINESS STATUS .................................................................................................. 5 4.0 PAST PERFORMANCE ............................................................................................................... 6 5.0 PROJECT APPROACH & TIME AND BUDGET REQUIREMENTS .............................................. 21 5.1 PROJECT APPROACH ............................................................................................................ 21 Task 1: Annual Field Survey ..................................................................................................... 21 Task 2: Annual FDEP Deliverables and Reports ....................................................................... 21 5.2 TIME REQUIREMENTS / PROJECT SCHEDULE ................................................................ 22 5.3 BUDGET MANAGEMENT...................................................................................................... 22 6.0 LOCATION .............................................................................................................................. 23 7.0 FIRM WORKLOAD .................................................................................................................. 24 APPENDICES APPENDIX A: RESUMES OF KEY PERSONNEL ....................................................................... A-1 APPENDIX B: REQUIRED RPS DOCUMENTATION ................................................................. B-1 1 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 1.0 INTRODUCTION CSA Ocean Sciences Inc. (CSA) is pleased to submit this proposal to the Collier County Board of County Commissioners in response to Request for Professional Services (RPS) 17-7188, Professional Services for Nearshore Hardbottom Monitoring. If awarded the contract, CSA will conduct annual nearshore hardbottom monitoring associated with the Collier County Beach Nourishment Project as well as the Doctors Pass Maintenance Dredging and the Wiggins Pass Maintenance Dredging and Navigation Improvement Projects beginning in 2018 through 2020. Field survey activities will occur in September of each year (assuming workable diving conditions and visibility) with analysis, recommendations, and the report submitted by December 30 of the same year (assuming fieldwork completed by September 30). Field survey activities are anticipated to follow the 2013 Collier County, Florida Hardbottom Biological Monitoring Plan (BMP). CSA is committed to examining environmental issues that affect water resources, estuaries, coastlines, and oceans from our local communities to international settings. CSA was founded in 1970 as a marine environmental consulting firm based in Jupiter, Florida with headquarters now in Stuart, Florida. Our nearly five decades of experience in aquatic studies and surveys spanning local rivers to the deep ocean includes sampling, monitoring, mapping, assessment, mitigation, and reporting. CSA’s staff is composed of leaders in research and the environmental consulting industry with specialties in benthic resource assessment, monitoring, and mitigation; water quality monitoring; protected species assessments; habitat restoration; environmental permitting; and hydrographic surveying. CSA has a professional scientific diving program and has been conducting safe scientific diving operations for nearly 50 years without incident. CSA is a certified corporate member of the American Academy of Underwater Sciences (AAUS) and, as such, has an established diving safety program, a full-time Dive Safety Officer (DSO), an active Diving Control Board, and a corporate Manual for Diving Safety that meets the Scientific Diving Standards of the AAUS. CSA currently has more than 15 approved and current AAUS divers on staff certified in SCUBA to 100 ft, CPR, first aid, and emergency oxygen administration. CSA has insurance coverage for Workman’s Compensation (including U.S. Longshoreman & Harbors Act), Protection & Indemnity, Hull & Machinery, General Liability, Excess Liability, Foreign Liability, Maritime Employers Liability (coverage for divers and crewman while in navigable waters, including Jones Act), Professional Liability, Pollution, Automobile, and Property. Safety is of paramount importance to CSA, and we are committed corporately and individually to practicing the highest standards of health, safety, security, and environment (HSSE) procedures. In evidence of this commitment, in 2017 CSA was awarded the Sunshine State Safety Recognition Award, which commends employers and employees for their emphasis on safety and commitment to proactively and routinely engaging in job and site safety practices. 2 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 2.0 ABILITY OF PROFESSIONAL PERSONNEL Biological monitoring programs of nearshore hardbottom, coral reef, and seagrass habitats associated with beach restoration and renourishment activities have been an integral component of CSA’s services throughout Florida for over 35 years. CSA’s Ports, Harbors, and Beaches (PHB) division performs various studies and surveys associated with beach restoration and dredging projects in Florida. Our PHB team of marine biologists has collectively performed over 20 multi-year biological monitoring programs associated with large-scale beach restoration and nourishment projects in 11 counties in Florida (Brevard, Broward, Collier, Duval, Indian River, Lee, Martin, Miami-Dade, Palm Beach, Sarasota, and St. Lucie). These programs typically include pre-, immediate post-, and annual post-construction monitoring surveys of sensitive benthic resources adjacent to fill and borrow areas and are conducted under subcontract to engineering firms or directly with the counties. PHB staff are experienced in working on time-sensitive projects under difficult physical conditions in both nearshore and offshore environments, often with limited visibility. PHB staff are adept at utilizing a wide range of survey and sampling equipment, including the SHARK Navigator (an underwater navigation and mapping unit) and have CSA’s fleet of small vessels and professional captains at their disposal to provide responsive action. These nearshore hardbottom monitoring programs are conducted with strict adherence to BMPs approved by the Floirda Department of Environmental Protection (FDEP). PHB staff are extremely familiar with FDEP nearshore hardbottom monitoring requirements for Joint Coastal Permit (JCP) compliance. Notably, CSA PHB staff provided significant input to FDEP for several years during the development of the recently published Standard Operating Procedures for Nearshore Hardbottom Monitoring of Beach Nourishment Projects (FDEP, 2016) and regularly work collaboratively with FDEP Beaches, Inlets, and Ports staff to develop or update biological monitoring and mitigation plans to ensure permit compliance. Prior to conducting monitoring surveys in 2016 and 2017, PHB staff worked with clients, county staff, and the FDEP to update respective BMPs for monitoring programs in Martin, St. Lucie, and Sarasota Counties to meet the recently published version of Standard Operating Procedures for Nearshore Hardbottom Monitoring of Beach Nourishment Projects. CSA also has experience preparing federal and state permits, environmental assessments, environmental impact statements, biological monitoring and mitigation plans, and other permit-required documentation associated with beach restoration projects to support clients. Senior members of the PHB staff have worked collaboratively with regulatory agency staff during their reviews of these documents related to beach nourishment projects for over 20 years, and all PHB staff have excellent rapport and professional relationships with regulatory agencies such as National Marine Fisheries Service (NMFS), US Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (FWS), Florida Fish and Wildlife Conservation Commission (FWC), and FDEP. Our staff also work collaboratively and have well-established relationships with major dredging and marine contractors that perform the bulk of offshore dredging for beach nourishment projects in Florida (Great Lakes Dock and Dredge, Weeks Marine, Cashman Dredging, Luhr Bros., Inc., and Dredging & Marine Consultants, LLC). PHB staff regularly perform pipeline corridor and anchor clearance surveys associated with beach nourishment projects for dredging clients, and CSA has been directly contracted by dredging firms for multiple projects related to dredging activities in Florida. CSA’s proposed organizational flowchart of PHB division members for this project is provided in Figure 1, and abbreviated resumes for proposed project personnel are provided in Appendix A. All PHB staff are Master’s-level marine biologists experienced in nearshore hardbottom monitoring in Florida, and all proposed members of the project team are experienced field scientists. 3 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. The PHB division is led by Senior Program Manager, Ms. Erin Hodel, a marine biologist with over 14 years of experience and a Subject Matter Expert on Florida nearshore hardbottom. She has been conducting monitoring, impact assessment, mapping, and sediment tracing studies associated with nearshore hardbottom resources in Florida for over 10 years through a wide variety of projects, from small sand bypassing projects and inlet studies to large-scale beach nourishment projects. Ms. Hodel is currently the Project Manager of several multi-year monitoring programs of nearshore hardbottom associated with beach nourishment and sand bypassing projects in Martin and Indian River Counties. She was a key field team member in nearshore hardbottom monitoring programs for the South Siesta Key Beach Nourishment Project and the City of Venice Beach Nourishment Project. Ms. Hodel is an ex-officio board member for the Florida Shore and Beach Preservation Association and regularly gives invited presentations at scientific conferences on nearshore hardbottom resources. Figure 1. Proposed project-specific organizational flowchart of Ports, Harbors, and Beaches division members and proposed roles for this contract. Mr. Rex “Chip” Baumberger is a marine biologist at CSA with over 16 years of experience, including 7 years of experience in nearshore hardbottom monitoring. Mr. Baumberger, a Subject Matter Expert on Florida nearshore hardbottom, will be the Project Manager if awarded this contract. He has extensive experience conducting multi-year monitoring programs of nearshore hardbottom associated with beach nourishment projects and has played a lead role in eight projects throughout central, southeast, and southwest Florida. From 2015 to 2017, Mr. Baumberger successfully managed the nearshore and offshore hardbottom monitoring components of the South Siesta Key Beach Nourishment Project in Sarasota County. He was also a key field scientist for nearshore hardbottom and artificial mitigation reef monitoring for the City of Venice Beach Nourishment Project. Mr. Keith Spring is a marine biologist and a Subject Matter Expert on Florida nearshore hardbottom, with over 37 years of oceanographic and environmental science experience. He is a Senior Scientist at CSA and has served as Chief Scientist and/or Project Manager on more than 200 marine and oceanographic studies worldwide, including nearshore hardbottom monitoring programs, coral reef habitat assessment surveys, reef damage assessment and restoration projects, multidisciplinary baseline studies, and site clearance studies. Mr. Spring has participated in or provided close oversight to all nearshore hardbottom monitoring programs performed by CSA in the last 20 years. Mr. David Snyder is an experienced marine ecologist, fish biologist, and a Subject Matter Expert on Florida nearshore hardbottom. He has more than 30 years of experience in the ecology and taxonomy of 4 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. western Atlantic and Gulf of Mexico shelf and shore fishes (particularly seagrass and reef-associated species). Mr. Snyder recently co-authored (with George H. Burgess) Marine Fishes of Florida (Johns Hopkins University Press, 2016). Mr. Snyder has been performing nearshore hardbottom and artificial mitigation reef monitoring surveys associated with multiple beach nourishment projects in Florida since 2001. For 10 years he served as the Project Manager and Principal Investigator of the nearshore hardbottom monitoring program for the City of Venice Beach Nourishment Project. He also served as Field Scientist and Data Analyst for the South Siesta Key Beach Nourishment Project. Working with academic partners, Mr. Snyder led and completed a comprehensive literature synthesis of nearshore hardbottom ecosystems in Florida for FDEP (CSA, 20091). Mr. Jeff Pennell is a marine biologist and a Subject Matter Expert on Florida nearshore hardbottom with over 16 years of experience and extensive experience in multi-year monitoring programs of nearshore hardbottom associated with beach nourishment projects in Florida. He has played a key role in eight projects throughout central, southeast, and southwest Florida, including the South Siesta Key and Venice Beach Nourishment Projects. Mr. Pennell has been the Project Manager for nearshore hardbottom and mitigation reef monitoring programs for the South St. Lucie Beach and Dune Restoration Project since 2012. Ms. Lystina Kabay is a marine biologist and field scientist specializing in corals with over 5 years experience in marine environmental studies. Ms. Kabay joined CSA’s PHB division in June 2017; in the past 6 months, she has acquired specialized nearshore hardbottom monitoring experience on multiple monitoring programs in Florida, including the South St. Lucie Beach and Dune Restoration Project, the Sector 3 Beach and Dune Restoration Project in Indian River County, the Fort Pierce Shore Protection Project in St. Lucie County, and Martin County’s Shore Protection Project. 1 CSA International, Inc. 2009. Ecological functions of nearshore hardbottom habitat in east Florida: A literature synthesis. Prepared for the Florida Department of Environmental Protection Bureau of Beaches and Coastal Systems. 186 pp. + apps. 5 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 3.0 MINORITY BUSINESS STATUS CSA is not a Certified Minority Business Enterprise. 6 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 4.0 PAST PERFORMANCE CSA’S PORTS, HARBORS, & BEACHES TEAM PAST PERFORMANCE Collectively, the PHB team has over 80 years of specialized nearshore hardbottom monitoring experience in Florida. Senior Scientists Mr. Spring and Mr. Snyder have been performing biological surveys and assessments of nearshore hardbottom resources together at CSA for over 30 years. Marine biologists Hodel, Baumberger, and Pennell have been working with Spring and Snyder together as a field and dive team throughout their respective careers at CSA. Ms. Lystina Kabay joined the PHB division prior to the start of the 2017 summer field season to assist with project workload and is currently trained on all aspects of nearshore hardbottom monitoring. All PHB staff, with the exception of Ms. Kabay, worked together conducting the nearshore hardbottom monitoring surveys for both the South Siesta Key and City of Venice Beach Nourishment Projects. Since 2001, our PHB team of marine biologists has collectively performed over 20 multi-year biological monitoring programs associated with large-scale beach restoration and nourishment projects in 11 counties in Florida (Brevard, Broward, Collier, Duval, Indian River, Lee, Martin, Miami-Dade, Palm Beach, Sarasota, and St. Lucie). In the past 5 years, CSA’s PHB division has been conducting multi-year monitoring surveys of nearshore hardbottom associated with beach restoration programs in Broward, Brevard, Indian River, Martin, Sarasota, and St. Lucie Counties. Specific to the west coast of Florida, the PHB division conducted the nearshore hardbottom monitoring program for the City of Venice Beach Nourishment Project from 2005 to 2013 and the baseline nearshore and offshore nearshore hardbottom monitoring for the South Siesta Key Beach Nourishment Project from 2015 to 2017. Field activities conducted during these monitoring programs included the establishment of permanent transects; collection of video data in qualitative and quantitative formats; determination percent cover of substrate, wormrock, macroalgae, corals, sponges, and other benthic fauna via in situ quadrats and/or quantitative video review with point count software (CPCe); measurement of sediment accumulation and hardbottom relief; and mapping of the nearshore edge of exposed hardbottom. Additionally, aerial imagery was analyzed in various projects via classification of spectral bands and ground-truthed by divers to produce hardbottom acreage maps within the survey area. Project status reports; baseline, immediate post-construction, and yearly post-construction hardbottom monitoring reports; and comprehensive data deliverables, including geographic information systems (GIS)-based maps and products pursuant to FDEP Joint Coastal Permit application requirements, were submitted to direct clients and the FDEP on time and within budget. LETTERS OF RECOMMENDATION WITH CORRESPONDING PROJECT SUMMARIES This section provides completed project recommendation forms with a brief project summary for seven nearshore hardbottom monitoring projects of similar size and scope to the proposed Collier County project. The project summaries include a brief description of the project, including the activities conducted, key project personnel, and contract/change order status. Of the seven representative nearshore hardbottom projects provided, four required change orders to address additional activities requested by the client as well as to provide contract extensions for additional annual monitoring surveys. The remaining three projects were completed within the contracted scope of work and budget; therefore, no change orders were necessary. 8 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. HABITAT CHARACTERIZATION, PRE-, DURING-, AND IMMEDIATE POST-CONSTRUCTION BIOLOGICAL MONITORING FOR THE SOUTH SIESTA KEY BEACH NOURISHMENT PROJECT – PHASE 2 Client: Sarasota County Under Subcontract to Humiston & Moore Engineers Client Contact: Brett Moore, P.E. President Humiston & Moore Engineers 5679 Strand Court Naples, Florida 34110 Tel: 239-594-2021 Email: bdm@humistonandmoore.com Location: Offshore Sarasota County, Florida Start Date: August 2015 Completion Date: October 2016 Project Manager: R. Chip Baumberger Field Scientists: Jeffrey Pennell, Erin Hodel, Debbie Kilbane, David Snyder Operations Technicians: Gray Lawson, Tim Shaw, Dustin Myers GIS Specialist: Brent Gore CSA conducted habitat characterization and biological monitoring activities for the South Siesta Key Beach Nourishment Project in Sarasota County, Florida. Prior to construction activities, CSA’s marine biologists mapped locations of and characterized hardbottom communities adjacent to three borrow areas located 6 to 10 miles offshore Sarasota County. Pre-construction field data were geo-referenced and incorporated into the construction plans as well as utilized to develop a comprehensive biological monitoring plan for the project. Pre-, during-, and post-construction monitoring was conducted for offshore hardbottom resources identified during the characterization survey as well as for nearshore hardbottom resources in coastal waters offshore South Siesta Key, adjacent to the beach nourishment project area. Permanent monitoring transects were established within offshore and nearshore hardbottom resource areas and monitored over the length of the project. During each survey effort, CSA’s marine biologists collected in situ benthic quadrat data, quantitative video collection, sediment depth measurements at 1 -m intervals, and point-intercept delineation of hardbottom and sand along each transect. For the nearshore hardbottom monitoring area, the landward edge of hardbottom was also mapped by divers using a Shark Systems, Inc. Navigator (SHARK) and geo-referenced qualitative video was collected. For the offshore hardbottom monitoring area, the hardbottom edge nearest to the borrow area was mapped with the SHARK and geo-referenced qualitative video was collected. Edge mapping in both areas was conducted during each survey for comparison to the pre-construction survey and potential impact assessment from dredging activities. During project construction, CSA conducted three separate FDEP -compliant monitoring surveys of the offshore hardbottom resources within 1 week of any dredge activities that occurred between 600 and 1,000 feet from any hardbottom feature. Letter reports were e-mailed to Sarasota County and FDEP immediately following each monitoring survey to provide up-to-date information. Geo-referenced videos and GIS shapefiles of the hardbottom edge were also submitted. Deliverables included pre- and post-construction monitoring reports for both offshore and nearshore hardbottom resources as well as comprehensive data deliverables. Data deliverables included all raw biological data, GIS maps of the nearshore hardbottom edge overlain on aerials, GIS shapefiles, and all geo -referenced video of permanent monitoring transects and the hardbottom edge. Contract Price: $490,341 Change Orders: Two change orders for revised Scope of Services bringing total project price to $621,011. Form 8: Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS CSA Ocean Sciences Inc. Erin Hodel, Deborah Kilbane Michael Walther (772) 562-8580mwalther@coastaltechcorp.com Coastal-Tech G.E.C. Nearshore Hardbottom Monitoring for the City of Venice 2011 $1,322,196.67 (final project price) 10 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. NEARSHORE HARDBOTTOM MONITORING FOR THE CITY OF VENICE BEACH NOURISHMENT PROJECT Client: City of Venice Under subcontract to Coastal Technology Corporation (CTC) Client Contact: Michael Walther Coastal Technology Corporation 3625 20th Street Vero Beach, Florida 32960 Tel: 772-562-8580 Email: mwalther@coastaltechcorp.com Location: Coastal waters, City of Venice, Florida Start Date: 2005 Completion Date: 2011 Project Manager: David Snyder Field Scientists: Keith Spring, Erin Hodel, Rex “Chip” Baumberger Operations Technicians: Eddie Walsh, Tony Wadley GIS Specialist: Dustin Myers CSA Ocean Sciences Inc. (CSA) conducted a hardbottom monitoring program for the City of Venice Beach Nourishment Project on the central west coast of Florida. CSA monitored biological and physical characteristics of hardbottom for pre-, during-, and post-construction periods at both borrow area and fill locations. Hardbottom communitieswere monitored for potential impacts related to sedimentation, turbidity, and other potential dredge-related stressors. The monitoring program included 1) cross-shelf transects to record physical and biological characteristics of nearshore hardbottom adjacent to borrow and fill sites; 2) sentinel organisms (organisms such as corals selected to monitor effects of turbidity and sedimentation at borrow and fill sites); 3) pipeline corridors (monitoring of proposed corridors for dredging pipelines prior to dredging to ensure the pipelines would not directly contact hardbottom and after dredging to document any impacts that may have occurred); and 4) monitoring the landward margin of hardbottom along the project fill site to track the equilibrated toe of fill [ETOF] from the project). In addition, CSA was responsible for pre-construction monitoring of shorebirds and migratory seabirds and their behavioral activity and nests. CSA helped develop a compensatory mitigation plan to account for hardbottom losses incurred during a previous beach nourishment project at Venice. Analyses conducted by CTC indicated that 7.3 acres of hardbottom in the form of small artificial reefs were needed to offset this previous loss. CSA developed artificial reef site selection criteria, located sites that met those criteria, and conducted pre-deployment surveys of the sites prior to artificial reef deployment. Artificial reefs were deployed on three of five surveyed sites in 2008. CSA monitored the assembly of fishes and epibiota on these reefs annually from 2008 to 2011. Findings from these surveys were compared with those from paired natural hardbottom sites to interpret the efficacy of the mitigation. Contract Price: $1,322,196.67 Change Orders: One change order to add preparation of a revised BMP and Mitigation and Monitoring Plan, bringing the total project price to $1,359,042 Form 8: Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS CSA Ocean Sciences Inc. Erin Hodel, Deborah Kilbane Kathy FitzPatrick Martin County Nearshore Hardbottom Monitoring Surveys for the Martin County Shore Protection Project Ongoing $135,210 (most recent annual contract) (772) 288-5429kfitzpat@martin.fl.us 12 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. NEARSHORE HARDBOTTOM MONITORING SURVEYS FOR THE MARTIN COUNTY SHORE PROTECTION PROJECT Client: Martin County Under subcontract to multiple firms Client Contact: Kathy Fitzpatrick Martin County Coastal Engineer 2401 SE Monterey Road Stuart, Florida 34996 Tel: 772-288-5429 Email: kfitzpat@martin.fl.us Location: Offshore Martin County, Florida Start Date: August 2010 Completion Date: Ongoing Project Manager: Erin Hodel Field Scientists: Jeffrey Pennell, Danielle Medellin, Patrick Connelly, R. Chip Baumberger, R. Bo Douglas, Keith Spring, David Snyder, Lystina Kabay Operations Technicians: David Debortoli, Frank Johnson, Eddie Walsh GIS Specialists: Brent Gore, Dustin Myers, Charles Hagens CSA conducted a baseline pre-construction survey in 2010, an immediate post-construction survey in 2013, and 4 annual post-construction surveys from 2014 to 2017 to characterize, monitor, and map nearshore hardbottom habitats offshore Martin County, Florida in relation to beach nourishment associated with the Martin County Shore Protection Project. Surveys were conducted in accordance with a biological monitoring plan approved by Florida Department of Environmental Protection (FDEP). CSA scientists collected quantitative and qualitative video data along 12 permanent cross-shore monitoring transects. Percent cover of substrate, wormrock, macroalgae, corals, sponges, and other benthic fauna were determined from analysis of quantitative video data using random point count software (CPCe). Along each transect, percent cover of substrates, wormrock, macroalgae, corals, sponges, and other benthic fauna were also visually estimated in situ by sampling 0.25-m2 quadrats at up to 12 point-intercept locations. Within each quadrat, individual counts were made of all corals, sponges, tunicate colonies, urchins, and holothuroids; maximum and mean heights of the two dominant algal species were measured; and maximum vertical relief of hardbottom was measured. Sediment accumulation was measured at five random locations within each quadrat and at each meter along the length of each transect. Delineation of sand versus hardbottom along each transect was also performed. In 2017, five additional “sediment only” permanent monitoring transects were established and monitored only for sediment thickness at 1 -m intervals and hardbottom/sand delineation along each transect. The nearshore edge of exposed hardbottom was mapped by divers to document position relative to the shoreline and to characterize the benthic community along the edge within the survey area . Comprehensive annual biological monitoring reports and data deliverables (including GIS mapping products) were submi tted to the client pursuant to FDEP Joint Coastal Permit application requirements. Contract Price: $472,55 (all contracts to date) Change Orders: One change order currently in progress to add additional tasks requested by Martin County Form 8: Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS CSA Ocean Sciences Inc. Erin Hodel, Deborah Kilbane Coastal Systems International, Inc. Nearshore hardbottom monitoring for Hillsborough/Deerfield Beach, Florida 2015 $576,583 14 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. HILLSBORO/DEERFIELD BEACH RENOURISHMENT MONITORING Client: City of Hillsboro and City of Deerfield Beach Under subcontract to Coastal Systems International, Inc. Client Contact: Christie Barrett Senior Project Manager Coastal Systems International, Inc. 801 Northpoint Parkway, Suite 151 West Palm Beach, Florida 33407 Tel: 561-640-1003 ext 291 Email: cbarrett@coastalsystemsint.com Location: Offshore Hillsboro and Deerfield Beach, Florida Start Date: 2010 Completion Date: 2015 Project Manager: R. Chip Baumberger Field Scientists: Danielle Medellin, Erin Hodel, Jeffrey Pennell, David Snyder, Keith Spring Operations Technicians: Scott Sharpe, Frank Johnson, Tony Wadley GIS Specialists: Brent Gore, Charles Hagens CSA conducted pre-construction, weekly mid-construction, monthly post construction, and three annual post construction biological monitoring surveys of benthic hardbottom and reef habitats offshore Hillsboro and Deerfield Beach, Florida in relation to a beach nourishment project. The biological monitoring plan consisted of quantitative and qualitative habitat assessments of nearshore hardbottom in order to determine potential impacts from migration of beach fill onto nearshore hardbottom communities or movement of sand from the borrow area onto adjacent reefs. Eighteen permanent, cross-shore (east-west) transects (10 nearshore, 8 offshore) were established and monitored in both project and reference areas. Transect length was dependent on hardbottom/reef availability (up to 118 m for nearshore and 50 m for offshore transects). Percent cover of substrates, wormrock, macroalgae, corals, sponges, and other benthic fauna were visually estimated in situ by sampling 1 m2 quadrats at specific point intercept locations along each permanent transect (five to nine quadrats for each nearshore transect and three quadrats for each offshore transect). Individual counts were made of all corals, sponges, tunicate colonies, urchins, holothuroids, and other fauna within each quadrat. Additionally, maximum relief of hardbottom, coral colony diameter, octocoral height, dominant macroalgae thalli height, and sediment depth at five locations were measured within each quadrat. During the pre-, mid-, and monthly post-construction surveys, five permanently tagged stony corals located along the length of each permanent transect were assessed for health and potential sedimentation stress incurred from beach renourishment activities. During each monitoring event, coral colonies were photographed and evaluated for signs of sedimentation stress using a four -tiered Stress Index. Maximum sediment depth was measured at every meter along the full length of each permanent transect as well as at every meter along 60-m temporary north south transects located perpendicular to the eastern end of nearshore transects and the western end of offshore transects in order to flank the borrow area during construction. In addition, CSA collected video data in quantitative format along the entire length of each permanent and temporary transect for later analysis in case signs of impact were detected from the other monitoring methods. Contract Price: $576,583 Change Orders: None Form 8: Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________ Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS CSA Ocean Sciences Inc. Erin Hodel, Deborah Kilbane Michael Walther mwalther@coastaltechcorp.com (772) 562-8580 Coastal-Tech G.E.C. $359,621 St. Lucie Nearshore Hardbottom Monitoring Ongoing (most recent annual contract) 16 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. NEARSHORE HARDBOTTOM MONITORING SURVEYS FOR THE ST. LUCIE COUNTY SOUTH BEACH AND DUNE RESTORATION PROJECT Client: St. Lucie County Under subcontract to Coastal Technology Corporation, Inc. Client Contact: Michael Walther Coastal Technology Corporation 3625 20th Street Vero Beach, Florida 32960 Tel: 772-562-8580 Email: mwalther@coastaltechcorp.com Location: Offshore southern St. Lucie County and northern Martin County, Florida Start Date: August 2008 Completion Date: 2017 Project Manager: Jeffrey Pennell Field Scientists: Keith Spring, R. Chip Baumberger, Patrick Connelly, Danielle Medellin, Erin Hodel, Jeffrey Martin Operations Technicians: Tim Shaw, Tony Wadley, Scott Sharpe, Gray Lawson GIS Specialists: Dustin Myers, Brent Gore, Charles Hagens CSA conducted a baseline pre-construction survey in 2009, an immediate post-construction survey in 2013, and subsequent annual post-construction surveys in 2014, 2015, and 2016 to map, characterize, and monitor nearshore hardbottom habitat offshore southern St. Lucie County, Florida prior to and subsequent to beach nourishment for the St. Lucie County South Beach and Dune Restoration Project. The project placed approximately 645,000 yd 3 of sand on the beach. Surveys were conducted in accordance with a biological monitoring plan approved by the Florida Department of Environmental Protection (FDEP). Twenty-six permanent monitoring transects were established at the nearshore edge of hardbottom and extended east to the eastern limit of hardbottom, not exceeding 152 m (500 ft). CSA scientists collected video data in quantitative and qualitative formats along each transect. Percent cover of substrate, wormrock, macroalgae, corals, sponges, and other benthic fauna were determined from analysis of quantitative video data using random point count software (CPCe). Along each transect, percent cover of substrates, wormrock, macroalgae, corals, sponges, and other benthic fauna were also visually estimated in situ by sampling 0.25-m2 quadrats at approximately 10 to 12 point-intercept locations per transect. Within each quadrat, individual counts were made of all corals, sponges, tunicate colonies, urchins, and holothuroids; maximum and mean heights of the two dominant algal species were measured; and maximum physical relief of hardbottom was measured . Sediment accumulation was measured at pre-determined intervals along each transect. The nearshore edge of exposed hardbottom within the project area was mapped by scientific divers to document position relative to the shoreline and to characterize benthic communities along the edge. Additionally, aerial imagery was analyzed via classification of spectral bands and ground-truth verification to produce a habitat map to quantify hardbottom cover within the survey area. Project status reports, baseline, immediate post-construction, and one year post-construction hardbottom monitoring reports, along with comprehensive data deliverables including geographic information systems (GIS)-based maps and products were submitted to the client pursuant to FDEP Joint Coastal Permit application requirements. Contract Price: $1,139,721 (all contracts to date) Change Orders: None Form 8: Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Company: (Evaluator’s Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdiual again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored “0.” (Please note, references from Collier County staff will not be accepted.) Project Description: ___________________________ Completion Date: _____________________________ Project Budget: _______________________________Project Number of Days: _______________________ Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS &6$2FHDQ6FLHQFHV,QF (ULQ+RGHO'HERUDK.LOEDQH &KULV(OOLV 7D\ORU(QJLQHHULQJ,QF FHOOLV#WD\ORUHQJLQHHULQJFRP 731-7040 Ongoing)W3LHUFH1HDUVKRUH +DUGERWWRP0RQLWRULQJ 93,279most recent annual contract 731-9847 10 10 10 10 10 10 10 10 10 10 100 18 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. NEARSHORE HARDBOTTOM AND MITIGATION REEF MONITORING FOR THE FORT PIERCE BEACH SHORE PROTECTION PROJECT Client: St. Lucie County Under subcontract to Taylor Engineering, Inc. Client Contact: Chris Ellis Senior Biologist 10151 Deerwood Park Blvd Bld C 300 Suite 300 Jacksonville, FL 32256 Tel: 904-256-1375 Email: cellis@taylorengineering.com Location: Nearshore waters, St. Lucie County, Florida Start Date: 2003 Completion Date: Ongoing Project Managers: Jeffery Landgraf and R. Chip Baumberger Field Scientists: Erin Hodel, Keith Spring, Danielle Medellin, Melanie Cahill, Lystina Kabay, Patrick Connelly Operations Technicians: Jeremy Schroeder, David Debortoli, Gray Lawson, Frank Johnson, Tony Wadley, Eddie Walsh, Tim Shaw GIS Specialists: Brent Gore, Kevin Noack CSA has performed 13 annual post-construction biological monitoring surveys of nearshore hardbottom since 2003 for a series of eight renourishment events for the Fort Pierce Shore Protection Project in St. Lucie County, Florida. Surveys were conducted in accordance with a biological monitoring plan approved by the Florida Department of Environ mental Protection (FDEP). Eight permanent hardbottom monitoring transects were installed, maintained, and monitored annually during the monitoring program in project, downdrift, and reference areas. In addition, three mitigation reef transects, each traver sing the entire east-west distance of the mitigation reef (approximately 70 m [230 ft]) were also surveyed as part of annual surveys from 2004 to 2012. CSA marine biologists collected quantitative and qualitative video data along each transect. Quantitative video data from three 20-m segments on each hardbottom monitoring transect and from two 20-m segments on each mitigation reef transect were analyzed with random point count software (CPCe) to estimate percent cover of substrate types, wormrock, macroalgae, corals, sponges, and other benthic fauna. Percent cover of the same benthic fauna were also visually estimated in situ by sampling 0.25-m2 quadrats at 9 to 10 locations on each hardbottom monitoring transect (depending on hardbottom availability) and a t 6 to 7 locations on each mitigation reef transect. Sediment depth was measured at five random locations within each quadrat and at pre-determined locations along each transect. In addition, marine biologists recorded a species list of all fauna and fishes observed within visibility limits along the length of each transect. The nearshore edge of hardbottom was mapped and surveyed by scientists along the entire length of the project area (approximately 1.7 mi) to document position relative to the shoreline to monitor potential cross-shore transport of beach fill as well as document potential changes in the benthic community along the edge. Eleven annual biological monitoring reports and associated data deliverables were submitted to the client pursuant to FDEP Joint Coastal Permit application requirements. Contract Price: $482,638 (all contracts to date) Change Orders: None 20 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. BREVARD COUNTY MID-REACH PRE-CONSTRUCTION SURVEY Client: Olsen Associates, Inc. Client Contact: Kevin Bodge, PhD., P.E. Senior Coastal Engineer 2618 Herschel Street Jacksonville, FL 32204 Tel: 904-387-6114 Email: kbodge@olsen-associates.com Location: Brevard County, Florida Start Date: 2013 Completion Date: Ongoing Project Manager: David Snyder Field Scientists: Jeffrey Pennell, John Tiggelaar, R. Chip Baumberger, Erin Hodel Operations Technicians: Jeremy Schroeder, Tony Wadley GIS Specialist: Dustin Myers Brevard County, Florida is planning a beach nourishment project that may affect sensitive nearshore hardbottom habitats. CSA Ocean Sciences Inc. (CSA) is sampling epibiota and fishes in replicate plots (sampling units) on hardbottom within each of four fill areas and one reference area along the Mid -Reach coast of Brevard County (FDEP Monuments R-118 to R-68). Sampling units are placed within subtidal hardbottom. Within the sampling units, epibiota is being assessed with analyses of quantitative photographs. Digital images are evaluated to assess invertebrate and algal cover and taxonomic composition. Total percent cover is assessed by superimposing a random-dot overlay (point-count) on the photographic images using image analysis software. Data and findings from the surveys conducted for pre-construction conditions will form the baseline for during - and post-construction comparisons to follow in the future. Contract Price: $155,827 Change Orders: Three change orders extending the term of contract and one reducing the contract price by $26,747 21 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 5.0 PROJECT APPROACH & TIME AND BUDGET REQUIREMENTS 5.1 PROJECT APPROACH The PHB division’s experience gained from managing and conducting nearshore hardbottom monitoring projects since the early 2000s will enable us to properly manage all aspects of this project and maintain adherence to the budget and schedule. Mr. R. Chip Baumberger, Marine Biologist, will be the Project Manager for CSA. Upon award of the contract and prior to field activities, Mr. Baumberger will work closely with Collier County staff to plan and coordinate field survey efforts. The PHB division consists of six experienced field scientists fully capable of conducting all survey activities. Mr. Baumberger will participate in all field surveys for consistency and coordinate all field efforts with Collier County and CSA. The second marine biologist from the PHB division will be determined based on timing of the first survey. As per Addendum 6, CSA anticipates the following tasks to be conducted during this monitoring program to meet the requirements of the Collier County final Hardbottom Biological Monitoring Plan approved in April 2013. Task 1: Annual Field Survey CSA will provide two AAUS-certified marine biologists from our PHB division to join the Collier County team as Subject Matter Experts who will guide field activities and the data collection process. CSA anticipates the activities listed below to be conducted following the methodology in the 2013 Collier County Hardbottom BMP during the annual field survey task.  Survey of permanent monitoring transects o Line-intercept for sediment cover o Interval sediment depth measurements o Benthic characterization using BEAMR method o Scleractinian coral census and photo quadrat monitoring o Video documentation  Survey of the nearshore hardbottom edge o In-situ hardbottom delineation  Wiggins Pass – contingency monitoring o Pipeline corridor surveys, as needed Task 2: Annual FDEP Deliverables and Reports Data deliverables and reports will be provided to Collier County and the FDEP, with conformance to requirements and schedules set forth in the 2013-approved BMP. A comprehensive raw data deliverable will be provided on an external hard drive within 60 days of completion of field survey activities and will include all video data, Point-Count files, Point-Count Excel spreadsheets, draft GIS shapefiles, and *.pdf copies of field data sheets, as applicable. As per Addendum 6, nearshore hardbottom monitoring results will be reported by December 30 of the same year (assuming fieldwork is competed by September 30) and will discuss the results of the current Nearshore Hardbottom Monitoring Survey and compare these with data from previous surveys as well as the 2016 Hardbottom Biological Monitoring Report. Notification of survey completion will be made by letter or email to the FDEP Joint Coastal Permit Compliance Officer. The monitoring report will include graphs, tables, and statistical analyses of collected data. Geo-referenced maps showing hardbottom along 22 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. transects and the nearshore hardbottom edge will be included. All reports will be provided in hard copy and electronic format. 5.2 TIME REQUIREMENTS / PROJECT SCHEDULE As Project Manager, Mr. Baumberger will be responsible for supervising all managerial aspects of the project and will have oversight of all team personnel, including field scientists (i.e., Subject Matter Experts), authors, editors, and technical and support staff. CSA will revise the proposed project schedule presented below as needed (Table 1) to support planning and management of project activities in order to meet required deadlines and/or client needs for the project. The project schedule will be updated twice per month by the Project Manager with input from Collier County and the FDEP (as appropriate) to provide status of task activities and track critical milestones and precedent activities. This bi-weekly update will identify any problems early and enable corrective action to be taken quickly. The updated schedule may be provided to Collier County on request. Table 1. Representative schedule for annual Collier County Hardbottom Biological Monitoring. Task Description August September October November December Pre-Survey Coordination X X Field Survey X Data Analysis & Report Preparation X X X X Final Deliverables Submitted X 5.3 BUDGET MANAGEMENT Over many years and through many complex projects, CSA has developed and instituted processes to identify, monitor, and mitigate project management issues such as schedule delays, cost growth, etc. The CSA Project Manager will be responsible for keeping the project on schedule and within budget. A key objective is to track and maintain cost control during all phases of the project, which leads to better performance, higher quality, and less risk. CSA has developed internal procedures and electronic reporting systems to enable project managers to track costs and activities throughout the life of the project, from initial award to client sign-off and project closure. To track the budget, several mechanisms—including Replicon Web Timesheet, Microsoft SQL Server Reporting Services, and the Sage100 Accounting System, which are routinely used for cost tracking, budgeting by task, man-hours, other direct costs, and team member budgets—are compared to a running calculation of costs incurred to date. Project costs are tracked using a work breakdown structure by task, and project managers have access to cost reporting directly from the accounting system that provides detailed costs to date (e.g., labor, equipment, purchases, food, lodging, subcontractors, etc.) on a weekly basis. With the bi-weekly schedule updates and cost tracking systems, the project manager can readily identify potential issues to develop a course of action to mitigation any issues identified. These accessible electronic tracking tools have enabled CSA to develop a reputation for consistently delivering the highest quality products on time and on budget. In addition, our programs department, led by John Moulton, also provides summary reports and assists the Project Manager with budget monitoring and invoicing. CSA has provided seven project summaries of representative, multi-year nearshore hardbottom monitoring projects of similar size and scope to the Collier County Project (Section 4.0). Of the seven representative nearshore hardbottom projects provided, three required change orders to address Clients’ request for additional activities within the contracted timeframe and one required several change orders to provide contract extensions for additional annual monitoring surveys. The remaining three projects were completed within the contracted scope of work and budget; therefore, no change orders were necessary. 23 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 6.0 LOCATION Project management, pre-survey coordination, data analysis, and reporting will be conducted at CSA’s main office in Stuart, Florida. After coordination and agreement with Collier County of an appropriate weather window, the CSA field team (i.e., two CSA field scientists/Subject Matter Experts, including R. Baumberger) will mobilize with all field equipment to an agreed upon location in Collier County to conduct field efforts. CSA will be available in person or via teleconference for meetings as requested by the County. 24 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 7.0 FIRM WORKLOAD CSA has over 50 scientists, GIS analysts, operations specialists, and support personnel working out of our main office in Stuart, Florida. Our PHB division has five full-time qualified and experienced nearshore hardbottom monitoring Subject Matter Experts and one part-time marine biologist able to conduct the project activities required for Collier County. As such, CSA has the personnel and equipment readily available to simultaneously conduct multiple projects with various field efforts in an efficient and cost- effective manner. CSA maintains a highly coordinated and multi-layered adaptive management process to address scheduling of personnel and equipment; GIS and Document Production services are tracked through an internal task submission and response process. Field schedules for human assets and equipment are also continually maintained and shared publicly within the company by dedicated staff using tracking software to identify potential issues and project constraints to minimize impacts to project schedules. CSA presently has the resources and time available to meet the needs of Collier County, and we anticipate that this project will fit nicely into our existing and future project workload. Based on the anticipated 2018 field season, we anticipate completing our current contracted nearshore hardbottom field efforts prior to September 2018 and be in the process of data analysis and reporting, enabling our staff to lead field surveys for the Collier County Nearshore Hardbottom Monitoring activities in September as weather permits. CSA commits to making key staff within the PHB division identified herein available to the County as their needs arise. 25 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. APPENDICES A-1 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. APPENDIX A Resumes of Key Personnel A-2 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ERIN C. HODEL Senior Program Manager, Marine Biologist Education Master of Science, Marine Biology, Nova Southeastern University, 2007 Bachelor of Science, Biology (Chemistry and Spanish minors), University of Missouri, 2001 Registrations Florida Shore and Beach Preservation Association, 2010 to Present, Ex- Officio Board Member for 2017 Florida Association of Environmental Professionals, Treasure Coast Chapter, 2010 to Present, Board Member and Vice-President, 2010- 2013 International Society for Reef Studies, 2013 to Present Martin County Coastal Working Group, 2017 to Present Ms. Hodel is a marine biologist with 14 years of experience in marine environmental science. She is currently the Senior Programs Manager for the Ports, Harbors, and Beaches division at CSA Ocean Sciences Inc. (CSA), charged with managing a wide range of marine environmental monitoring and mitigation programs and projects related to beach restoration, dredging, port infrastructure, and military installations. She has served as a Project Manager, Chief Scientist, and/or Field Scientist on marine environmental studies concerning nearshore hardbottom, coral reef, seagrass, and estuarine habitats. Studies have included benthic characterization and mapping, habitat damage assessment, and monitoring and restoration programs. She has extensive experience conducting monitoring programs of nearshore hardbottom habitats in relation to beach nourishment and dredging projects, with participation in 10 multi -year biological monitoring programs in Florida (Brevard, Broward, Indian River, Martin, Sarasota, and St. Lucie Counties). She has also participated in numerous coral reef monitoring surveys, damage assessments, and restoration projects, with an emphasis on coral relocation and health assessments in Florida, Puerto Rico, Hawaii, and Guam. Ms. Hodel has been responsible for project management; execution of field surveys; data collection, management, QA/QC, and analysis; and preparation of technical reports, annual monitoring reports, and proposals. Ms. Hodel has over 14 years of experience as a scientific diver with over 4,000 logged dives. She holds an American Academy of Underwater Sciences (AAUS) Scientific Diver and Professional Association of Diving Instructor’s (PADI) Rescue Diver certifications as well as specialty certifications in Nitrox and underwater navigation (PADI). She is skilled in the collection of underwater video and still camera data, identification of coral reef and hardbottom biota, and coral reef restoration techniques. RELEVANT EXPERIENCE September 2016 to Present: CSA Ocean Sciences Inc. –Senior Programs Manager, Marine Biologist  Project Manager and Chief Scientist for a multi -year monitoring program of nearshore hardbottom for the Martin County Shore Protection Project. Responsible for establishing permanent transects and collecting close - up video and in situ repetitive quadrat data to characterize and monitor hardbottom communities, diver map the nearshore hardbottom edge, perform ground -truthing for aerial interpretation of hardbottom, and perform pipeline corridor clearance surveys prior to construction. Recently worked with FDEP and client to update the Biological Monitoring Plan for compliance with the new FDEP nearshore hardbottom monitoring SOP. Author of 80+ page annual biological monitoring reports (Ecological Associates, Inc. and Taylor Engineering, Inc., End client: Martin County, 2010 to Present).  Field Scientist for multi-year monitoring program of nearshore hardbottom associated with a beach nourishment project in Fort Pierce, Florida. Responsible for collection of close -up video and in situ repetitive quadrat data, data management, and point count analyses (Taylor Engineering, Inc., End client: St. Lucie County, 2008 to Present). A-3 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ERIN C. HODEL  Project Manager and Lead Field Scientist for a sediment tracer study offshore Government Cut, Miami - Dade County, Florida. Responsibilities include executing four , multi-day field efforts to collect sediment samples by hand via SCUBA from coral reef habitats no rth and south of the shipping channel and deployment and servicing of physical oceanographic equipment on 3 submarine moorings (Water and Air Research, Inc., End client: US Army Corps of Engineers – Jacksonville District, 2016 to Present).  Project Manager and Chief Scientist for multi-year monitoring programs of nearshore hardbottom off Indian River County, Florida prior to and after construction of a large-scale beach nourishment project and four sand bypassing projects. Establish permanent transects and collect close-up video and in situ repetitive quadrat data to characterize and monitor hardbottom communities and diver map the nearshore hardbottom edge. Author 100+ page annual biological monitoring reports (Applied Technology and Management, End client s: Indian River County and Sebastian Inlet District, 2007 to 2017.  Project Manager and Lead Field Scientist for a sediment tracer study in the vicinity of the Fort Pierce Inlet, St. Lucie County, Florida. Managed and executed four, multi-day field efforts to collect sediment samples by hand via SCUBA within the inlet, from nearshore hardbottom habitats north and south of the inlet, and on the beach. Managed international sample shipping and display of sediment tracer results in GIS (Taylor Engineering, Inc., End client: St. Lucie County Public Works, 2016 to 2017).  Field Scientist for multi-year monitoring program for the Siesta Key, Florida beach renourishment project. Assessment of offshore hardbottom, mapping, and survey of hardbottom habitats before, during, and after construction. Performed hardbottom assessments, installed transects, mapped resources with submersible GPS, performed scientific data collection including collecting close-up video and in situ repetitive quadrat data to characterize hardbottom communities (Humiston & Moore, Engineers; end client Sarasota County, 2015 to 2017).  Field Scientist for multi-year monitoring programs of nearshore hardbottom off Indian River County, Florida prior to and after construction of two large-scale beach nourishment projects. Responsibilities include establishing permanent transects and collecting close-up video and in situ repetitive quadrat data to characterize and monitor nearshore hardbottom communities as well as diver map the nearshore hardbottom edge. (Coastal Technology Corporation, Ecological Associates, Inc., End client: Indian River County, 2007 to 2016).  Field Scientist for multi-year monitoring program of nearshore hardbottom communities for the St. Lucie County South County Beach and Dune Restoration Project. Establish permanent transects and collect close -up video and in situ repetitive quadrat data to characterize and monitor hardbottom communities as well as diver map the nearshore hardbottom edge. Performed annual artificial mitigation reef monitoring surveys. Authored baseline survey report (Coastal Technology Corporation, End client St. Lucie County, 2009 to 2016). March 2012 to September 2016: CSA Ocean Sciences Inc. – Project Scientist II, Marine Biologist  Field Scientist for nearshore hardbottom monitoring associated with the South Siesta Key Beach Restoration Project – Phase 2. Responsible for conducting habitat characterization surveys of hardbottom habitats adjacent to borrow and fill areas as well as during - and post-construction biological monitoring of these habitats (Humiston & Moore Engineers, End client: Sarasota County, 2015 to 2016).  Lead Field Scientist for coral monitoring surveys associated with the Ocean Outfall Cover Material Rehabilitation Project offshore the Broward County Water and Wastewater Services North Regional Wastewater Treatment Plant in Pompano Beach, Florida. Surve ys were initiated to monitor success of stony and soft corals relocated to the cover material on the outfall pipe following damage to benthic resources during maintenance dredging of the Hillsboro Inlet in 2002. Part of team which also located and reattach ed 40 “corals of opportunity” (corals naturally detached from substrate due to bio -erosion or storms) to the cover material and performed monitoring surveys of these colonies as well as respective reference colonies as additional mitigation (Hazen and Sawyer, 2013 to 2016). A-4 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ERIN C. HODEL  Field Scientist for environmental surveys off Broward County, Florida to assess nearshore hardbottom habitat before, during, and after construction of a beach nourishment project on Hillsboro/Deerfield Beach, Florida. Establish permanent transects and collect close-up video and in situ repetitive quadrat data to characterize and monitor hardbottom communities. Conducted in situ monitoring and health assessments of corals in response to potential project-related sedimentation and prepared weekly coral health reports during construction (Coastal Systems International, Inc., End client Town of Hillsboro Beach, 2010 to 2015).  Project Manager and Chief Scientist for sand trap and artificial reef site investigations within the Fort Pierce Inlet. The biological survey included hardbottom mapping and characterization of the footprint of a proposed sand trap. Artificial reef site investigation included a geotechnical survey to determine suitability of substrate for future artificial reef deployment as mitigation for the sand trap. Performed field survey and authored field survey reports, including UMAM analysis and benthic habitat maps (Taylor Engineering, End client St. Lucie County, 2012 to 2014).  Field Scientist in large-scale coral relocation program for the Port of Miami Dredging Project. Member of team that successfully relocated over 800 stony corals, sea fans, and octocorals from the project foot to natural reefs and a newly constructed artificial reef as mitigation for channel and harbor dredging. Also participated in the successful relocation of approximately 50 large barrel sponges from the project footprint to natural reefs (Great Lakes Dredge and Dock, LLC, October 2012 to May 2014).  Field Scientist for coral reef injury assessment and restoration project off Palm Beach, FL. Coordinated with FDEP to conduct triage, mapping of damaged areas, and reattachment of damaged stony corals, gorgonians, and large barrel sponges. Participated in collecting, caching, and reattaching re ef biota (March to April 2013).  Field Scientist on the Naval Air Station Key West benthic habitat characterization survey. Conducted coral, fish, seagrass, and invertebrate surveys and health assessments at five specific Navy properties in the Key West area. Lead Scientist on data analysis and technical report. Project was conducted as a subcontract to HDR/E2M, Inc. (April to August 2013).  Field Scientist for post-construction monitoring surveys of hardbottom adjacent to fill areas and artificial mitigation reefs for a beach nourishment project offshore Venice, Florida (Coastal Technology Corporation, 2009 to 2013). March 2007 to March 2012: CSA Ocean Sciences Inc. – Project Scientist I, Marine Biologist  Field Scientist for post-construction monitoring surveys of hardbottom adjacent to fill areas and artificial mitigation reefs for a beach nourishment project offshore Venice, Florida (Coastal Technology Corporation, 2009 to 2013).  Field Scientist for coral reef restoration efforts following the grounding of the LNG carrier MATTHEW grounding offshore Ponce, Puerto Rico. Member of field team responsible for reef biota triage, emergency restoration, and reattachment of approximately 6,000 coral, gorgonian, and sponge colonies (Independent Maritime Consulting, Ltd., December 2009).  Field Scientist for coral reef restoration efforts following the grounding of the naval guided missile cruiser USS PORT ROYAL offshore of Honolulu, Hawaii. Member of field team that conducted multiple surveys over a 6-week period, including damage assessment, coral triage, emergency restoration, and reattachment of over 5,300 coral colonies (U.S. Navy, March to April 2009).  Field Scientist for monitoring of the M/T MARGARA grounding site offshore southwest Puerto Rico. Participated in annual health assessments of experimentally reattached and control stony corals (including threatened Caribbean Staghorn coral), octocorals, and other reef biota (Independent Maritime Consulting, 2009). A-5 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ERIN C. HODEL  Field Scientist for coral and seagrass health and sedimentation monitoring associated with maintenance dredging of the Key West Main Ship Channel for the U.S. Navy, the first dredging project conducted within a National Marine Sanctuary. Conducted weekly coral health assessments, collected sedimentation samples, and submitted weekly field survey reports (U.S. Navy, March to December 2007).  Field Scientist for a benthic habitat characterization survey in conjunction with a proposed liquid natural gas (LNG) pipeline and deepwater port off Tampa Bay, Florida. The benthic survey utilized towed video and still photography for characterization of over 103 km2 of submerged habitat. Survey tasks included collection of video data, habitat characterization, and scientific dives to delineate seagrass habitat within the survey area (Leif Höegh and Co., 2007). June 2003 to March 2007: National Coral Reef Institute – Research Assistant  Lead Research Assistant to coral reef monitoring, restoration, and histology projects. Regularly conducted in situ field studies southeast Florida coral reefs (including threatened Caribbean Staghorn coral), including demographics, reproduction, recruitment, stress, and disease. Managed daily operation of laboratory; executed laboratory experiments; and collected, processed, and analyzed coral tissue samples by means of advanced histotechnique and light microscopy. Managed and summarized data for principal investigators, resource managers, and general public and contributed to scientific publications.  Conducted laboratory dose-response experiments to evaluate sedimentation and nutrient stress in the threatened Caribbean staghorn coral, Acropora cervicornis via histopathological analysis for Master’s thesis research.  Studied sedimentation stress in three species of Caribbean corals to facilitate development and calibration of experimental stress-level index used as a coral monitoring tool during the Broward County Beach Renourishment Project. Lead Histology Technician responsible for field collection and laboratory p rocessing of over 700 coral tissue samples during active dredging periods. Used underwater photography and stress -level index methods to monitor of coral colonies near dredged areas for 14 months. Performed histopathological analysis of each species using light microscopy. CERTIFICATIONS CPR/First Aid, Emergency First Response, 2014 Oxygen Administration, Emergency First Response, 2014 Scientific Diver, AAUS, 2003 to present Rescue SCUBA Diver, PADI Underwater Navigator, Enriched Air (Nitrox), and Shark Conservation Specialties, PADI Rescue SCUBA Diver, PADI, 2002 Advanced SCUBA Diver, National Association of Underwater Instructors (NAUI), 1999 America’s Boating Course, U.S. Power Squadron, 2007 Florida Boating Safety Course, Florida Fish and Wildlife Conservation Commission, 2003 PROFESSIONAL AFFILIATIONS Florida Shore and Beach Preservation Association, 2010 to present, Ex -Officio Board Member for 2017 Florida Association of Environmental Professionals, Treasure Coast Chapter, 2010 to Present, Board M ember and Vice-President, 2010-2013 International Society for Reef Studies, 2013 to Present Martin County Coastal Working Group, 2017 to Present A-6 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. REX E. BAUMBERGER, JR. Project Scientist II, Marine Biologist Education Master of Science, Marine Biology, Florida Atlantic University, 2008 Bachelor of Science, Biology (Marine Emphasis), Florida Atlantic University, 2001 Mr. Baumberger is a marine biologist with over 16 years of experience in marine environmental science, with a strong background in field studies of sub-tropical and tropical marine communities and coastal ecosystems. Since joining CSA Ocean Sciences Inc. (CSA) in 2010 as a Project Scientist for the Marine Sciences & Mitigation Business Line, he has served as a field scientist and project manager on a diverse range of marine environmental studies concerning coral reef and nearshore hardbottom habitats. He has extensive experience conducting multi-year monitoring programs of nearshore hardbottom habitats in Florida prior to and followin g beach restoration programs, playing a major role in eight projects within Broward, Indian River, Martin, Sarasota, and St. Lucie Counties. He also has experience conducting damage assessments and monitoring surveys, designing and implementing reef restoration plans, and conducting restorations on coral reefs in southeast Florida, Guam, and Oman. He has conducted reattachment of sponges, octocorals, and stony corals in Florida and abroad. He is skilled in the identification of flora and fauna of the western Atlantic, Pacific, and Arabian Gulf. Mr. Baumberger has over 16 years of experience as a scientific diver with over 1,500 logged dives. He holds American Academy of Underwater Sciences (AAUS) Scientific Diver and National Association of Underwater Instructor’s (NAUI) Advanced and Nitrox Diver certifications. He is trained in cardiopulmonary resuscitation (CPR), first aid, and oxygen administration. He is also skilled in the collection of underwater video and still camera data; identification of hardbottom and reef biota; and underwater restoration, mapping, and damage assessment techniques. Mr. Baumberger is adept in small boat operations and has completed the Florida Safe Boater course certification. He has given invited talks at multiple scientific co nferences, the Smithsonian Marine Station, Fort Pierce and local dive club meetings. RELEVANT EXPERIENCE CSA Ocean Sciences Inc. – Project Scientist I & II, Marine Biologist  Project Manager and Lead Field Scientist for multi-year monitoring program for the Siesta Key, Florida beach renourishment project. Assessment of offshore hardbottom, mapping, and survey of hardbottom habitats before, during, and after construction. Interfaced with Florida Department of Environmental Protection to draft a Biological Monitoring Plan, coordinated hardbottom assessments, installed transects, planned and executed the monitoring surveys, mapped resources with submersible GPS, performed scientific data collection including collecting close-up video and in situ repetitive quadrat data to characterize the hardbottom communities. Acted as HSSE safety officer and authored multiple reports (Humiston & Moore, Engineers; end client Sarasota County, 2015 to 2017).  Project Manager and Chief Scientist for pipeline corridor surveys offshore of Siesta Key, Florida in conjunction with the fill operations for the beach renourishment project. Planned and coordinated side -scan sonar survey of the seafloor, assisted GIS-based hardbottom interpretation from sonar, planned, and conducted diver ground-truthing of hardbottom targets to provide safe clearance for anchoring of renourishment equipment. Author of two reports (Weeks Marine, Inc.; End Client, Sarasota County, 2016).  Project Manager and Chief Scientist for nearshore hardbottom multi -year monitoring programs off Indian River County, Florida to assess habitat before and after construction of three beach nourishment projects. Responsibilities include establishing permanent transects and collecting close -up video and in-situ repetitive quadrat data to characterize the hardbottom communities. Serves as HSSE safety officer. Author of annual 100+ page biological monitoring reports (Coastal Technology Corporation, Ecological Associates Inc.; End client: Indian River County, 2010 to Present). A-7 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. REX E. BAUMBERGER, JR.  Project Manager and Lead Field Scientist for environmental surveys off Ft. Pierce, Florida to assess nearshore hardbottom habit after the construction of a beach nourishment project. Responsible for coordination of field teams and collection of close -up video and in situ repetitive quadrat data, and data management (Taylor Engineering, End client: St. Lucie County, 2010 to Present).  Field Scientist for environmental surveys off South St. Lucie County, Florida. Responsible for the collection of still photos, close up video, in-situ repetitive quadrat data, nearshore edge mapping, mitigation reef transect establishment, artificial reef monitoring, and data management (Coastal Technology Corporation, Inc., End client: St. Lucie County, 2012 to Present).  Field Scientist for nearshore hardbottom monitoringoff Martin County, Florida. Responsible for the collection of still photos, close up video, in-situ repetitive quadrat data, nearshore hardbottom edge mapping, diver ground-truthing of aerial photography, and data management (Coastal Technology Corporation, Inc., End client: St. Lucie County, 2012 to Present).  Project Manager and Chief Scientist for damage assessment offshore West Palm Beach, Florida for damage to coral reef biota sustained from a cable dragging incident. Coordinated with Florida Department of Environmental Protection to conduct triage; mapped damaged areas with an underwater navigation system; and restored damaged stony corals, gorgonians, and large sponges. Participated in collecting, cac hing, and reattaching reef biota; coordinated dive operations; assisted in method development for the damage assessment; ensured appropriate FDEP/FWC permitting; and authored triage plan and restoration report (Weeks Marine, Inc. 2016).  Lead Scientist for environmental surveys off Broward County, Florida to assess nearshore hardbottom habitat before, during, and after construction of a beach nourishment project on Hillsboro/Deerfield Beach, Florida. Established permanent transects and collected close-up video and in-situ repetitive quadrat data to characterize and monitor hardbottom communities. Author and co -author of eight biological monitoring reports (Coastal Systems International, Inc., 2010 to 2015).  Field Scientist for the assessment of coral reef impacts from a dredge pipeline breach incident offshore the beach renourishment project off Hillsboro/Deerfield Beach, Florida. Assisted in an initial damage assessment of the injury area, performed three post-pipeline breach surveys to monitor recovery of the injury area, and co- authored three monitoring reports (Great Lakes Dock and Dredge, 2011).  Field Scientist for post-construction monitoring surveys of hardbottom adjacent to fill areas and artificial mitigation reefs for a beach nourishment project offshore Venice, Florida (Coastal Technology Corporation, 2010 to 2013). CERTIFICATIONS CPR/First Aid, Emergency First Response, 2013 Oxygen Administration, Emergency First Response, 2013 Scientific Diver, AAUS, 2006 to Present Advanced SCUBA Diver, National Association of Underwater Instructors (NAUI), 2008 Florida Boating Safety Course, Florida Fish and Wildlife Conservation Commission, 2007 NITROX Enriched Air Diver, NAUI, 2005 Open Water Diver, PADI, 1991 A-8 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. KEITH D. SPRING Senior Scientist, Reef Ecologist Education Master of Science in Biological Oceanography, Florida Institute of Technology, 1981 Bachelor of Science with high honors in Biological Sciences, S.U.N.Y. at Brockport, 1976 Mr. Spring is a marine biologist with over 37 years oceanographic and environmental science experience. He is a senior scientist at CSA and has served as Chief Scientist and/or Project Manager on more than 200 marine and oceanographic studies worldwide, including coral reef habitat assessment surveys, reef damage assessment and restoration projects, nearshore hardbottom and reef characterization surveys, multidisciplinary baseline studies, environmental monitoring programs, photodocumentation surveys for outer continental shelf oil and gas lease areas and pipeline corridors, and site clearance studies. Monitoring programs have included projects associated with reef restoration, coral translocation, beach nourishment, ship channel and harbor dredging, ocean dredged material disposal sites, ship grounding sites, offshore oil and gas drilling, and wastewater outfalls. Mr. Spring has prepared coral relocation and mitigation plans as well as implementing coral relocation activities on more than two dozen projects in the U.S. (Florida, Hawaii, Puerto Rico, and Guam), the Bahamas, Qatar, and Oman. Mr. Spring has extensive experience as a scientific diver, performing more than 3,500 working dives with CSA over the past 37 years. He has directed or participated as a scientific diver in biological assessment surveys of nearshore and offshore reefs and seagrass habitat throughout Florida and the Gulf of Mexico, Alaska, California, Hawaii, Guam, Puerto Rico, the Bahamas, Jamaica, Haiti, Trinidad, Kingdom of Saudi Arabia, Qatar, the United Arab Emirates, and Oman. He has been Principal Investigator or a Field Scientist on damage assessment surveys or marine resource restoration projects at more than 20 major vessel grounding sites in Florida, the Bahamas, Puerto Rico, and Hawaii. Mr. Spring has more than 24 years’ experience in the re-location and attachment of stony corals and octocorals in impacted areas, having personally re -attached more than 7,500 stony corals and 2,000 octocorals and other soft corals. His diving experience includes the collection of benthic photographs and video data, in situ identification of hardbottom and reef biota, instrument deployment, sediment and water sample collection, reef damage assessment, and coral reattachment. RELEVANT EXPERIENCE August 1980 to Present: CSA Ocean Sciences Inc. – Senior Scientist, Reef Ecologist  Project Manager and Lead Scientist on a project for the U.S. Navy in Apra Harbor Guam for the assessment and relocation of coral colonies from the face of X-Ray Wharf to a newly constructed artificial reef site within Inner Apra Harbor. CSA scientists assessed corals growing on the face of X -Ray Wharf and relocated 100 colonies in an experiment to determine the efficacy of relocating corals within Inner Apra Harbor. A 2 -year post-relocation monitoring program is currently being conducted (HDR Inc.; end client U.S. Navy; 2017 to Present).  Lead Scientist on a project in Doha, Qatar to identify recipient sites for the relocation of 10,000 stony corals to be removed from the footprint of a new harbor basin. Performed surveys to dete rmine size and densities of corals to be relocated as well as identify suitable habitat for the successful movement of the corals. Corals were relocated to delineated areas and attached to a combination of exposed hardbottom and constructed artificial reef modules. Also participated in a multi-year monitoring program of the relocation site and selected relocated and reference coral colonies. This project was conducted for the Middle East Dredging Company Q.S.C. (2012 to 2017).  Lead Field Scientist for coral and sponge relocation and mitigation activities associated with the Port of Miami Harbor Expansion Project. Led teams of divers in the mapping and identification of hard coral, soft coral, and barrel sponge colonies falling within the proposed dredging footprint, and the subsequent removal of more than 1,400 colonies and reattachment to newly created artificial reefs and adjacent natural hardbottom areas (Great Lakes Dredge & Dock, LLC, 2013 to 2015). A-9 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. KEITH D. SPRING  Project Manager/Lead Scientist on a project in Sur, Oman to assess coral communities within two proposed intake and discharge pipeline corridors for a new electric power plant. Following characterization of the communities, more than 3,000 stony corals, octocorals, and antipatharians were relocated out of the construction footprint and re-attached on adjacent hardbottom features (HMR Environmental Engineering Consultants, 2011 to 2012).  Project Manager/Field Scientist on the post-construction monitoring surveys of hardbottom habitat south of the harbor inlet in Fort Pierce, Florida. The purpose of the surveys was to provide monitoring data following the renourishment of the beach immediately south of the Fort Pierce harbor inlet (Taylor Engineering, Inc., 2003 to 2011).  Project Manager for baseline habitat characterization of hardbottom habitat off the southern portion of St. Lucie County, Florida. The purpose of the survey was to collect habitat characterization and monitoring data prior to renourishment of the beach in this area (Coastal Technology Corp oration, 2008 to 2011).  Project Manager and Field Scientist on a project to collect baseline habitat characterization data within the Sector 3 project area in Indian River County prior to beach nourishment. Established permanent transects and collected close-up video and in situ repetitive quadrat data to describe and characterize the hardbottom communities (Coastal Technology Corporation, 2007 to 2011).  Project Manager and Chief Scientist on several surveys off Indian River County in Sectors 1 & 2 and in Sector 7 to monitor nearshore hardbottom habitat following construction of beach nourishment projects. Established permanent transects and collected close-up video and in situ repetitive quadrat data to describe and characterize the hardbottom communities. Conducting annual monitoring associated with the beach nourishment projects (Applied Technology and Management, 2006 to 2010).  Project Manager on a pre-construction monitoring survey of hardbottom habitat off Bathtub Beach in Martin County, Florida. The purpose of the survey was to collect monitoring data prior to nourishment of the beach. Conducted with Ecological Associates, Inc. and Taylor Engineering, Inc. (2008).  Project Manager and Chief Scientist on a survey of the nearshore hardbottom in Juno Beach, Palm Beach County to assess the habitat prior to a beach nourishment project. Established permanent transects and collected close-up video and in situ repetitive quadrat data to describe and characterize the hardbottom communities (Applied Technology and Management, 2007 to 2008).  Project Manager for marine resource monitoring associated with the maintenance dredging of Truman Harbor, the turning basin, and the Key West Ship Channel being conducted for the U.S. Navy in Key West, Florida. Prepared and designed the resource monitoring program for this project, which was the first dredging project ever conducted within the boundaries of a National Marine Sanctuary. Supervised the weekly monitoring of coral and seagrass health and levels of sedimentation concurrent with dredg ing activities. Directed the removal of several hundred stony corals from Truman Harbor seawalls where repairs were on-going, and re-attached most of the coral at previously impacted reef sites. Also responsible for the pre - and post- construction monitoring within adjacent reef areas and seagrass beds to determine impacts from the project (U.S. Navy, 2002 to 2007).  Assisted in providing marine environmental support for the planning, permitting, and eventual construction of the proposed Gulfstream Pipeline off the west coast of Florida. Assisted in the development of scopes of work for video/still camera hard (live) bottom surveys along both the nearshore and offshore portions of the pipeline route from Mobile, Alabama to Port Manatee, Florida. Was respons ible for data analyses and interpretation/synthesis of underwater video and still photographic data from along the proposed route. Prepared a live bottom impact mitigation plan for the project and participated in various meetings with the Minerals Management Service and various state and county agencies in Florida (Williams Gas Pipelines, 1999 to 2001). A-10 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. KEITH D. SPRING  Chief Scientist during four major surveys of a multidisciplinary, multiyear study to describe and monitor biological communities and environmental conditions at three types of deepwater hardbottom features along the Mississippi-Alabama outer continental shelf. The primary focus of the program was the monitoring of hardbottom community structure and dynamics, including descriptions of the hardbottom communit ies, differences in community structure among sites with differing vertical relief and location, and determination of relationships between community structure and various environmental parameters. Prepared field study plan and reviewed side-scan sonar/subbottom profile data prior to site selection. Video and still cameras mounted on a remotely operated vehicle (ROV) were used to survey the nine sites during each of four monitoring surveys. Hardbottom community structure and dynamics data included video tra nsects, random photoquadrats, fixed photoquadrats, voucher specimen collection, and microhabitat community structure (U.S. Geological Survey and Minerals Management Service, 1997 to 2000).  Co-author of the coral reef monitoring program developed for the Florida Keys National Marine Sanctuary as part of the U.S. Environmental Protection Agency's Water Quality Protection Program. Was responsible for the selection of initial monitoring team members and coordinating with the Florida Department of Environmental Protection (U.S. Environmental Protection Agency, 1994).  Project Manager and Chief Scientist on surveys of potential or existing ocean dredged material disposal sites off Palm Beach, Fernandina Harbor, Canaveral Harbor, Ft. Lauderdale, and Tampa, Florida (U.S. Army Corps of Engineers, 1985 to 1988).  Field Scientist and Project Manager for various biological surveys of nearshore reefs and seagrass beds in connection with beach restoration activities off Venice, Naples, Miami, Broward County, Palm Beach , Juno Beach, Jupiter, Jupiter Island, Martin County, St. Lucie County, Fort Pierce, Vero Beach, Sebastian, Indian River County, and Brevard County, Florida (Various clients, 1984 to 2016).  Assistant Project Manager and Chief Scientist on six cruises dur ing the Southwest Florida Shelf Ecosystems Study (Years 1, 2, and 3). This multidisciplinary study included collection of geophysical, chemical, and biological data in water depths from 10 to 200 m off the southwestern Florida coast. Supervised collection and analysis of water quality samples and hydrographic data; sediment grain size, hydrocarbon, and trace metal samples; infaunal samples from soft bottom stations; and dredge, trawl, and photographic samples from hardbottom stations (Minerals Management Service, 1980 to 1983). PROFESSIONAL AFFILIATIONS / CERTIFICATIONS / TRAINING Florida Shore and Beach Preservation Association International Society for Reef Studies BOSIET H2S Awareness Training American Red Cross CPR/First Aid/AED Emergency Oxygen Administration NAUI/YMCA/PADI Scuba Certification NITROX Enriched Air Diver, PADI AAUS Scientific Diver U.S. Power Squadron Safe Boating and Seamanship Certification A-11 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. DAVID B. SNYDER Senior Scientist, Fish Ecologist Education Master of Science in Marine Biology/ Ichthyology, Florida Atlantic University, 1984 Bachelor of Science in Zoology, University of Florida, 1978 Mr. Snyder is an experienced marine ecologist and fish biologist. He has more than 30 years of experience in the ecology and taxonomy of western Atlantic and Gulf of Mexico shelf and shore fishes (particularly seagrass and reef -associated species). He recently co-authored (with George H. Burgess) Marine Fishes of Florida (Johns Hopkins University Press, 2016). He has managed and participated in ichthyofaunal surveys of freshwater, riverine, estuarine, shelf, and coral reef habitats. He has sampled fish from a variety of habitats ranging from the continental slope to freshwater streams for various environmental assessments and monitoring studies. Mr. Snyder has visually censused fish assemblages off southeast and southwest Florida, Louisiana, and internationally using quantitative and qualitative methods. He surveyed fishes and epibiota associated with hardbottom areas subject to impact from dredge and fill projects off the eastern and western Florida coasts. He managed ichthyofaunal surveys of the lower St. Johns River and Loxahatchee Rivers in Florida. Has sampled freshwater systems throughout south Florida and upstate New York with electrofishers. Mr. Snyder has been performing nearshore hardbottom and artificial mitigation reef monitoring surveys associat ed with multiple beach nourishment projects in Florida since 2001 in Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Sarasota Counties. In southwest Florida, he was the Chief Scientist and Project Manager for a beach nourishment program off Venice, Florida that spanned over 10 years and, from 2015 to 2017, served as Field Scientist and Data Analyst for the South Siesta Key Beach Nourishment Project. He is currently performing a multi-year baseline study of hardbottom epibiota and fishes associated with nearshore hardbottom off Brevard County.He also managed a project that investigated the ecological functions of nearshore hardbottom along the east coast of Florida for the Florida Department of Environmental Protection. As part of this and other pro jects, he evaluated habitat selection by newly settled fishes following a use-availability design. Mr. Snyder is currently collaborating with researchers from University of Florida and Florida International University on a study of the movements of immature bull sharks in the Loxahatchee River (Florida) using acoustic telemetry. He has participated as a Chief Field Scientist on numerous photodocumentation surveys in the Gulf of Mexico and off the Atlantic coast. He has managed field efforts that included trawling, sediment profile imaging, and grab sampling for assessments of sand deposits proposed as borrow sites for beach nourishment offshore of the southeastern and eastern U.S. Mr. Snyder is currently working with investigators from Jacksonville Universi ty, Florida Institute of Technology, and East Coast Biologists on a book about nearshore habitats of East Florida. RELEVANT EXPERIENCE  Project manager for the Brevard County Mid Reach Beach Restoration Program hardbottom monitoring project. Hardbottom epibiota and fishes are being monitored at four fill areas and one reference area off Brevard County’s Mid Reach area. Monitoring data include quantitative photography and visual fish assessments. Data have been collected annually since 2013 to provide pre -construction information from which to assess potential impacts of the beach construction which is expected in 2018. Prior to baseline field studies, he contributed to the Environmental Impact Statement and the Uniform Mitigation Assessment Methodology an alysis leading to design of a mitigation reef. Mitigation reefs were deployed during summer 2017 and will be monitored with quantitative photography and visual assessment (Olsen Associates, 2006 to Present).  Subject Matter Expert, author and reviewer for Fishes and Essential Fish Habitat sections of the Final Programmatic EIS for the 2017-2022 Oil and Gas Leasing Program (Bureau of Ocean and Energy Management, 2014 to 2016). A-12 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. DAVID B. SNYDER  Project Scientist and Data Analyst for South Siesta Key Beach Nourishment Project, Sarasota, Florida (Humiston and Moore, 2015 to 2017).  Chief Scientist for Natural Resource Damage Assessment Mesophotic Reef Survey. A month -long survey of to assess distribution and abundance of fishes and sessile invertebrates on the Mississippi Alabama Pinnacles trend following the Deep Water Horizon Oil Spill. Over 500 video transects were samples using a remotely operated vehicle over sixteen mesophotic reef features. In addition, selected fishes and octocorals were collected and for aging analyses (Exponent, Inc., 2010 to 2015).  Chief scientist and project manager for monitoring of hardbottom adjacent to fill and borrow areas for a beach nourishment project offshore Venice, Florida (Coastal Technology Corporation, 2005 to 2013).  Chief scientist and project manager for an evaluation of ecological function and mitigation of nearshore hardbottom in southeast Florida This project entailed two phases the first was a synthesis of available ecological information on nearshore hardbottom habitat off east Florida. The second phase was a field evaluation of certain ecological functions of nearshore hardbottom and how well these functions are replicated by mitigation reefs (Florida Department of Environmental Protection, 2007 to 2011).  Monitored fish assemblages associated with artificial mitigation reefs and natural hardbottom in conjunction with a beach nourishment project offshore Phipps Park in Palm Beach, Florida (Coastal Planning and Engineering, 2005 to 2009).  Monitored fish assemblages near epibiotic survey transects established to assess effects of a beach nourishment project on nearshore hardbottom habitat off Mid-Town Palm Beach, Florida (Coastal Planning and Engineering, 2001 to 2009). PROFESSIONAL CERTIFICATIONS American Academy of Underwater Sciences (AAUS) Open Water SCUBA Diver – Professional Association of Diving Instructors (PADI) Nitrox Certified – PADI Multimedia Standard First Aid – American Red Cross Cardiopulmonary Resuscitation (CPR) – American Red Cross Certified Scientific Diver PROFESSIONAL AFFILIATIONS American Fisheries Society American Society of Ichthyologists and Herpetologists A-13 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. JEFFREY PENNELL Project Scientist, Marine Biologist Education Master of Science, Biology, Florida Atlantic University, 2000 Bachelor of Science, Marine and Freshwater Biology, University of New Hampshire, 1998 Mr. Pennell is a marine biologist with over 17 years of experience in marine environmental science and a strong background in environmental field studies and monitoring. He is currently a project scientist with the Ports, Harbors & Beaches divisionat CSA Ocean Sciences Inc. (CSA), which is responsible for conducting monitoring and mitigation programs associated with beach restoration and dredging projects and major coral relocation projects. He has served as a Field Scientist on a diverse range of marine environmental studies concerning coral reef, seagrass, and nearshore hardbottom habitats. Studies have included benthic characterization, habitat damage assessment, and monitoring and restoration programs. He has extensive experience conducting multi-year monitoring programs of nearshore hardbottom habitats in relation to beach nourishment and dredging projects, with participation in multiple beach nourishment monitoring programs in Florida. Mr. Pennell has been responsible for project management; execution of field surveys; data collection, management, QA/QC, and analysis; and preparation of technical reports, annual monitoring reports, and proposals. Mr. Pennell has over 17 years of experience as a scientific diver, with over 1,500 logged dives. He holds certifications as a Nitrox Diver from Technical Diving International (TDI) and as a Rescue Diver from the Professional Association of Diving Instructors (PADI). He is trained in cardiopulmonary resuscitation (CPR), first aid, and oxygen administration. He is also skilled in the collection of underwater video and still camera data and in the identification of hardbottom and reef biota. EXPERIENCE 2011 to Present: CSA Ocean Sciences Inc. – Project Scientist, Marine Biologist  Project Manager and Chief Scientist for multi-year monitoring of nearshore hardbottom communities for the St. Lucie County South County Beach and Dune Restoration Project. Established permanent transects and collected close-up video and repetitive quadrat data to characterize and monitor hardbottom communities. Performed monitoring of artificial mitigation reef and offshore borrow area. Performed point count analyses. Authored post-construction, year-one, year-two, and year-three post-construction survey reports (Coastal Technology Corporation, End client: St. Lucie County, 2012 to Present).  Field Scientist for multiple seagrass surveys conducted at locations of underwater electrical cable cr ossings throughout South Florida. Collected seagrass percent cover data using Braun -Blanquet visual cover and abundance assessment techniques. Authored post-construction monitoring reports (Underwater Engineering Services, Inc., End client: Florida Power & Light, 2013 to Present).  Field Scientist for nearshore hardbottom multi-year monitoring programs off Indian River County, Florida after construction of two phases of a large-scale beach nourishment project. Collected close-up video and repetitive quadrat data to characterize and monitor nearshore hardbottom communities (Coastal Technology Corporation, Ecological Associates, Inc., End client: Indian River County, 2011 to Present).  Field Scientist for a multi-year monitoring program of nearshore hardbottom for the Martin County Shore Protection Project. Collected close-up video and in-situ repetitive quadrat data to characterize and monitor hardbottom communities and diver map the nearshore hardbottom edge (Taylor Engineering, Inc., End client: Martin County, 2011 to Present).  Field Scientist for post-construction monitoring surveys to assess nearshore hardbottom habitat after construction of a beach nourishment projects in Fort Pierce, Florida. Responsible for the collection of close -up video and repetitive quadrat data (Taylor Engineering, Inc., End client: St. Lucie County, 2011 to Present). A-14 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. JEFFREY PENNELL  Field Scientist for multi-year monitoring programs of nearshore hardbottom off Indian River County, Florida after construction of a large-scale beach nourishment project and three sand bypassing projects. Collected close-up video and sediment accumulation data to characterize and monitor hardbottom communities and diver map the nearshore hardbottom edge (Applied Technology and Management, End clients: Indian River County and Sebastian Inlet District, 2011 to Present).  Field Scientist for a sediment tracing study within the Ft. Pierce Inlet and surrounding estuary and beaches to determine sand transport pathways and rates. Collected and processed sediment samples for further analysis (Taylor Engineering, Inc., 2016 to 2017).  Field Scientist for a multi-year monitoring program for the Siesta Key, Florida beach renourishment pro ject. Assessment of offshore hardbottom, mapping, and survey of hardbottom habitats before, during, and after construction. Performed hardbottom assessments, installed transects, mapped resources with submersible GPS, performed scientific data collection including collecting close-up video and in situ repetitive quadrat data to characterize hardbottom communities (Humiston & Moore, Engineers; end client Sarasota County, 2015 to 2017).  Field Scientist for benthic habitat characterization survey of Patricia Target Jet Aircraft Range, a scuttled ship located 25 miles west of Key West in the Marquesas Keys. Conducted coral, fish, and invertebrate surveys and health assessments and collected close-up video and quadrat data (HDR Environmental Construction and Operations, Inc., 2014).  Field Scientist in large-scale coral relocation program for the Port of Miami Dredging Project. Member of team that successfully relocated over 800 stony corals, sea fans, and octocorals from within the project footprint to natural reefs and a newly constructed artificial reef as mitigation for channel and harbor dredging. Also participated in the successful relocation of approximately 50 large barrel sponges from the project footprint to natural reefs (Great Lakes Dredge and Dock, LLC, 2012 to 2014).  Field Scientist during the Middle East Dredging Company New Port Project coral relocation project. Responsible for the removal, transportation, reattachment, and monitoring of 10,000 stony coral colonies as mitigation for the New Port Project offshore the State of Qatar (MEDCO, 2013).  Field Scientist on the Naval Air Station Key West benthic habitat characterization survey. Conducted coral, fish, seagrass, and invertebrate surveys and health assessments at five specific Nav y properties in the Key West area. (HDR Environmental Construction and Operations, Inc., 2013).  Field Scientist for coral reef injury assessment and restoration project off Palm Beach, Florida. Coordinated with FDEP to conduct triage, mapping of damaged areas, and reattachment of damaged stony corals, gorgonians, and large barrel sponges. Participated in mapping and caching of reef biota (2013).  Field Scientist for post-construction monitoring surveys of hardbottom adjacent to fill areas and artifici al mitigation reefs for a beach nourishment project offshore Venice, Florida (Coastal Technology Corporation, 2010 to 2013). 2000 to 2011: Environmental Services, Inc. – Senior Scientist  Senior scientist responsible for conducting and managing multiple environmental projects for various public and private sector clients. Conducted environmental assessments, seagrass and reef surveys, wetland delineations, endangered and threatened species surveys, environmental resource permitting, and mitigation monitoring. Coordinated with clients and agency staff to identify, explain, and discuss environmental permitting issues and to determine viable solutions.  Prepared environmental resource permit applications, environmental assessment reports, mitigation plans, monitoring reports, and responses to agency requests for additional information. Responsible for logistical arrangements, including timing of surveys, use of proper data collection equipment, scheduling of personnel, and maintenance of dive equipment. A-15 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. JEFFREY PENNELL  Lead scientist in field studies for the Jupiter Island Beach Restoration Project (2005 to 2010) and the St. Lucie Inlet Maintenance Dredging Project (2007 to 2008). Conducted hardbottom monitoring surveys and prepared monitoring reports. 1999 to 2000: The Marinelife Center of Juno Beach – Sea Turtle Monitoring Technician  Performed daily beach surveys for nesting activity of three listed species of sea turtles along six miles of beach in Palm Beach County, Florida. Collected nesting data and assisted in the care and rehabilitation of injured sea turtles. CERTIFICATIONS Basic Offshore Safety Induction and Emergency Training (BOSIET), 2017 Oxygen Administration, Emergency First Response, 2017 CPR/First Aid, Emergency First Response, 2017 Rescue Diver, SDI/TDI/ERDI, 2014 24-Hour OSHA HAZWOPER, 2014 Rescue SCUBA Diver, Professional Association of Diving Instructors (PADI), 2007 Enriched Air (Nitrox) Diver, Technical Diving International (TDI), 2000 Open Water SCUBA Diver, National Association of Underwater Instructors (NAUI), 1997 PROFESSIONAL AFFILIATIONS Florida Association of Environmental Professionals, Treasure Coast Chapter, 2000 to Present A-16 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. LYSTINA KABAY Project Scientist, Marine Biologist Education Master of Science, Marine Biology, Nova Southeastern University, 2016 Bachelor of Science, Biology, Slippery Rock University, 2010 Ms. Kabay is a marine biologist with 7 years of experience in marine environmental science with a strong background in field studies of coral reef communities and co astal ecosystems. She is currently a Project Scientist for the Ports, Harbors, and Beaches division at CSA Ocean Sciences Inc. (CSA) and has served as a field scientist on a diverse range of marine environmental studies concerning coral reef and nearshore hardbottom habitats. Ms. Kabay has been responsible for the execution of field surveys and data collection, management, QA/QC, and analysis. Prior to consulting, Ms. Kabay worked as a senior research assistant for the Coral Reef Restoration, Assessment and Monitoring Lab at Nova Southeastern University Oceanographic Center while completing her M.S. degree in Marine Biology. Her research focused on the ecology, restoration, and conservation of coral reef communities with an emphasis in natural resource management on the Florida Reef Tract. While earning her Master’s degree, she also worked as a Reef fish Visual Census (RVC) specialist, quantifying fish populations and performing comprehensive fish taxa identification on cryptic and free-swimming species. She has a strong understanding and direct experience developing and managing benthic marine resource assessments, assessing impact minimization, and assigning and implementing mitigation and restoration efforts. Ms. Kabay has over 9 years of diving experience with over 1,500 scientific logged dives as an AAUS member. She holds Scuba Schools International’s Rescue Diver and Enriched Air Nitr ox certifications. EXPERIENCE June 2017 to Present: CSA Ocean Sciences Inc. – Project Scientist, Marine Biologist  Field Scientist for multi-year monitoring program of nearshore hardbottom off Indian River County, Florida to assess nearshore hardbottom habitat following a sand bypassing project. Responsibilities include establishing permanent transects and collecting close-up video and in situ repetitive quadrat data to characterize hardbottom communities as well as hardbottom mapping (Applied Technology and Management, Inc.; End client: Indian River County, 2017 to Present).  Field Scientist for environmental surveys off Ft. Pierce, Florida to assess nearshore hardbottom habit after the construction of a beach nourishment project. Responsible for transect monitoring, collection of close -up video and in situ repetitive quadrat data, hardbottom mapping, and data management (Taylor Engineering, End client: St. Lucie County, 2017 to Present).  Field Scientist for mitigation reef monitoring surveys off South St. Lucie County, Florida. Responsible for the collection of still photos, close up video, and in situ repetitive quadrat data, quantitative video analyses using the point-count method, and data management (Coastal Technology Corporation, Inc., End client: St. Lucie County, 2017 to Present).  Field Scientist for multi-year monitoring program of nearshore hardbottom off Martin County, Florida to assess nearshore hardbottom habitat following a large -scale beach nourishment project. Responsibilities include establishing permanent transects and collecting close-up video and in situ repetitive quadrat data to characterize hardbottom communities, hardbottom mapping, and data management and analysis (Ecological Associates, Inc.; End client: Martin County, 2017 to Present).  Field Scientist for seagrass surveys conducted at locations of underwater electrical cable crossings throughout Florida. Responsible for collecting seagrass percent cover data using Braun -Blanquet visual cover and abundance assessment techniques. Author of post-construction monitoring reports (Underwater Engineering Services, Inc., End client: Florida Power & Light, 2017 to Present). A-17 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. LYSTINA KABAY 2011 to 2017: Nova Southeastern University, Guy Harvey Oceanographic Institute  Senior Research Assistant in the Coral Reef Restoration, Assessment, and Monitoring lab from 2012 to 2017 and Reef Fish Visual Census (RVC) Specialist in the Fish Ecology lab from 2011 to 2016.  Conducted environmental assessments of nearshore and offshore benthic communities, including hard and soft corals, reef fishes, sponges, other invertebrates, seagrass, and macroalgae. Worked closely with local, state, and federal resource managers to develop and maintain long - and short-term coral reef and nearshore hardbottom monitoring projects. Responsible for field leadership, data management, statistical analyses, point - count, and annual reporting fo r assigned projects.  Executed resource damage mitigation, recovery, and restoration efforts to achieve impact minimization for respective habitat. CERTIFICATIONS DAN Diver Emergency Management Provider (CPR/AED/O2/First Aid), 2016 PCI-PSI Visual Cylinder Inspector #26658, 2013 Waterfront Lifeguard/First Aid/CPR Certification, 2013 Scientific Diver, AAUS, 2012 to Present Rescue Diver Certification, SSI, 2012 Enriched Air Nitrox Certification, SSI, 2012 Florida Boating Safety Course, Florida Fish and Wildlife Conservation Commission, 2011 Advanced Open Water Diver, PADI, 2011 Open Water Diver, PADI, 2009 B-1 Privileged, confidential, and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. APPENDIX B Required RPS Documentation B-2 B-3 B-4 B-5 B-6 Company Information Additional Information Organization Designation View / Edit Company Name CSA Ocean Sciences Inc. Company ID Number 360446 Doing Business As (DBA) Name -- DUNS Number 024803350 Physical Location Address 1 8502 SW Kansas Avenue Address 2 -- City Stuart State FL Zip Code 34997 County MARTIN Mailing Address Address 1 -- Address 2 -- City -- State -- Zip Code -- Employer Identification Number 650878498 Total Number of Employees 20 to 99 Parent Organization Continental Shelf Associates, Inc. Administrator -- Employer Category Federal Contractor with FAR E-Verify Clause Federal Contractor Category None of these categories apply Employees Being V erified All new hires and all existing employees assigned to a Federal contract NAICS Code 541 - PROFESSIONAL, SCIENTIFIC, AND TECHNICAL SERVICES View / Edit Total Hiring Sites Welcome David Spennacchio  MENU B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16 B-17 B-18 State of Florida Department of State I certify from the records of this office that CSA OCEAN SCIENCES INC. is a corporation organized under the laws of the State of Florida, filed on November 4, 1998. The document number of this corporation is P98000093816. I further certify that said corporation has paid all fees due this office through December 31, 2017, that its most recent annual report/uniform business report was filed on January 12, 2017, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twelveth day of January, 2017 Tracking Number: CC5582904816 To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/CertificateOfStatus/CertificateAuthentication B-19 RPS #: 17-7188 Title: Professional Services for Nearshore Hardbottom Monitoring Name of Firm Gary McAlpin Chris D'Arco Maura Kraus Joe Delate Total Selection Committee Final Rank CSA Ocean Sciences, Inc. 1 1 2 1 5 1.0000 Aptim Environmental & Infrastructure, Inc.2 2 1 2 7 2.0000 Procurement Professional Evelyn Colon Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Page 1 of 1 Date: January 11, 2018 Coftleer County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation: 17-7188 Title: Professional Services for Nearshore Hardbottom Monitoring Due Date and Time: November 13, 2017 Respondents: Company Name City County State Final Ranking Responsive/Responsible CSA Ocean Sciences, Inc. Stuart Martin Count FL 1 Yes Aptim Environmental & Infrastructure, Inc. Boca Raton Palm Beach Count FL 2 Yes Utilized Local Vendor Preference: Yes= No Recommended Vendors) For Award: On August 4, 2017, the Procurement Services Division released notices of Request for Professional Services No. 17-7188 to 1518 firms for Professional Services for Nearshore Hardbottom Monitoring. Ninety-seven (97) solicitation packages were downloaded and two (2) were received by the due date of November 13, 2017, as shown above. The Selection Committee met on December 18, 2017 and as described in step 1 of the solicitation documents. The Committee scored each of the proposals submitted and determined that both firms were qualified to move on to step 2, presentations, Presentations were given by the firms on January 4, 2018, During this meeting, a question regarding the procedure was asked which lead to a break in the meeting. The meeting was reconvened on January 11, 2018 and Committee provided the final ranking. Staff Is recommending for the Boards approval the following final ranking: CSA Ocean Sciences, Inc. as number 1 Aptim Environmental & Infrastructure, Inc. as number 2 Required Signatures P cur a Service (rector: Edward F, Cayman Jr. Date EXECUTIVE SUMMARY Recommendation to ratify the County Manager's approval of Contract No.: 18-7283 with Brance Diversified, Inc. for the emergency dredging of Collier Creek for a not-to-exceed price of $569,069 and make a finding that this item promotes tourism (Project No. 50154). OBJECTIVE: To ratify the County Manager's approval of Contract No.: 18-7283 for the emergency dredging of Collier Creek. CONSIDERATIONS: Marco Island and Collier Creek suffered the brunt of Hurricane Irma land fall forces and experienced severe shoaling in the Collier Creek channel. As a result, on December 12, 2017, agenda item 11A, the Board declared that emergency circumstances exist at Collier Creek and directed staff to expedite the procurement process, solicit bids and negotiate a contract to dredge the channel as required for public safety. In addition, the County Manager was authorized to execute a contract which would be presented to the Board for “after-the-fact” approval at the next regularly scheduled Commission meeting. The County Manager was expected to execute this Contract on January 23, 2018. The solicitation was posted on December 14, 2017, the Procurement Services Division released notices of Invitation to Bid No. 18-7283 to 11,073 vendors. Eighty-Nine (89) bid packages were downloaded with five (5) proposal responses received on January 5, 2018. Three bidders were deemed responsive by the Procurement Services Division. After background checks, past performance reference discussions and a post-solicitation project discussion meeting, staff has determined that Brance Diversified, Inc., is the lowest, responsible and responsive bidder on this project. The most probable cost as produced by the Engineer of Record (EOR) was estimated at $1,130,000. A summary of the bids received is as follows: Vendor Bid Brance Diversified, Inc. $ 569,069 Earth Tech Enterprises, Inc. $ 1,139,288 Kelly Brothers, Inc. $ 1,251,729 The Brance Diversified, Inc., bid is 49.7% below the engineer’s estimate, however, the EOR performed a detailed analysis of the low bid, which also included vendor interviews and discussions with several references as provided by Brance Diversified, Inc. The EOR has concluded the site conditions and requirements for performance are understood by the low bidder; the EOR recommendation to award memo is attached, in addition to the Bid Tab and Notice of Recommended Award from the Procurement Services Director. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. FISCAL IMPACT: Funding for this work is available in the Hurricane Irma Project No. 50154. Source of initial project funding is Tourist Development Tax. Staff will seek FEMA reimbursement for TDC funding through Category A. ADVISORY COMMITTEE RECOMMENDATIONS: Emergency conditions and emergency dredging CAC February 16, 2018 VIII-2 New Business 1 of 2 of Collier Creek was presented to the Tourist Development Council (TDC) at a special meeting on Friday, December 8, 2017 and unanimously approved. The Coastal Advisory Committee (CAC) unanimously approved emergency conditions and emergency dredging of Collier Creek at the Thursday, December 14, 2017 meeting. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: For the Board to ratify the County Manager's approval of Contract No.: 18-7283 with Brance Diversified, Inc. for the emergency dredging of Collier Creek for a not -to-exceed price of $569,069 and make a finding that this item promotes tourism. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division CAC February 16, 2018 VIII-2 New Business 2 of 2 Cot lei' county Administrative 5eMces Department Promii ement Ser; ices Di; ik n Collier Creek Emergency Dredging COLLIER COUNTY BID NO. 18-7283 COLLIER COUNTY, FLORIDA Kristofer Lopez, Procurement Strategist Email: Kristofer.lopez@colliercountyfl.gov Telephone: (239) 252 - 8944 FAX: (239) 252 - 6593 Design Professional: Aptim Environmental & Infrastructure, Inc. f)er�rt�nit:x�n rmt6,i a•3327TnmiamiTin [IF3s!'Nriplos.Florida3.1112-4041.213-252A:G7-eva;vrb0w9o'1 n2/proaure. me. ntecro ms TABLE OF CONTENTS PUBLICNOTICE....................................................................................................................... 3 PART B - INSTRUCTIONS TO BIDDERS................................................................................. 5 CONSTRUCTIONBID..............................................................................................................12 BIDSCHEDULE.......................................................................................................................13 MATERIALMANUFACTURERS..............................................................................................14 LIST OF MAJOR SUBCONTRACTORS..................................................................................15 STATEMENT OF EXPERIENCE OF BIDDER..........................................................................17 TRENCHSAFETY ACT............................................................................................................18 IMMIGRATION LAW AFFIDAVIT CERTIFICATION.................................................................19 COLLIER COUNTY SOLICITATIONS SUBSTITUTE W - 9 .....................................................20 BIDBOND................................................................................................................................24 BIDDERSCHECK LIST...........................................................................................................25 CONSTRUCTIONAGREEMENT..............................................................................................26 EXHIBIT A 1: PUBLIC PAYMENT BOND................................................................................33 EXHIBIT A 2: PUBLIC PERFORMANCE BOND......................................................................36 EXHIBIT B: INSURANCE REQUIREMENTS............................................................................39 EXHIBIT C: RELEASE AND AFFIDAVIT FORM......................................................................41 EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT.....................................45 EXHIBITE: CHANGE ORDER.................................................................................................46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION...............................................47 EXHIBIT G: FINAL PAYMENT CHECKLIST............................................................................49 EXHIBIT H: GENERAL TERMS AND CONDITIONS................................................................50 EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS......................................................77 EXHIBIT J: TECHNICAL SPECIFICATIONS...........................................................................78 EXHIBITK: PERMITS..............................................................................................................79 EXHIBITL: STANDARD DETAILS..........................................................................................80 EXHIBIT M: PLANS AND SPECIFICATIONS..........................................................................81 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ...............82 z Co le -r Canty Administrabve Services Departrent Prockoement services Division PUBLIC NOTICE INVITATION TO BID Collier Creek Emergency Dredging COUNTY BID NO. 18-7283 Sealed bids for the construction of Collier Creek Emergency Dredging will be received electronically until 3:00 P.M. LOCAL TIME, on the 5th day of January, 2018 on the County's on-line bidding system: https://www.bidsync.com/bidsync-cas/. 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: $950,000. A mandatory pre-bid conference shall be held at the Procurement Services Division, Conference Room A, at 2:00 p.m. LOCAL TIME on the 20th day of December, 2017, at which time all prospective Bidders may have questions answered regarding the Bidding Documents for this Project. Bids shall be received on line by the Bid Date of January 5, 2018 @ 3:00 P.M. No bid shall be considered unless it is made on unaltered Bid forms which are included in the Bidding Documents. One contract will be awarded for all Work. Bidding Documents may be examined on the Collier County Procurement Services Division Online Bidding System website: https://www.bidsync.com/bidsync-cas/. 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 cashier's 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. 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 one hundred and twenty (120) 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 14th day of December, 2017. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Edward F. Coyman, Jr. Director, Procurement Services Division 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 15 - 29 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 and shall sign the Bid correctly. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted on www.colliergov.net/bid 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 cashier's 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 one hundred twenty (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 one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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. Section 5. Signing of Bids 5.1 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. 5.2 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. 5.3 If Bidder is an individual, his or her signature shall be inscribed. 5.4 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. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5.7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. Section 6. 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 7. Late Bids No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. Section 8. Interpretation of Contract Documents 8.1 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 and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email 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. 8.2 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. 8.3 As noted in the Legal Advertisement, attendance by all bidders at the Pre -Bid Conference is non -mandatory. Section 9. Examination of Site and Contract Documents 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; C. Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and Correlated all of its observations with the requirements of the 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. 9.2 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 10. 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 11. Bid Quantities 11.1 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 twenty-five percent (25%) from the estimate at the time of bid. 11.2 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. Section 12. Award of Contract 12.1 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. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and responsible 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 responsible 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. 12.3 Award recommendations will be posted on the Procurement Services Division Web Site. 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 is available at: http://www.colliergov.net/Index.aspx?page=762 12.4 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. 12.5 Certificate of Authority to Conduct Business in the State of Florida (FL 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.org/search.htmi) 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 13. Sales Tax 13.1 The Successful Bidder acknowledges and agrees that Owner may utilize a sales tax savings program and the Successful Bidder agrees to fully comply, at no additional cost to Owner, with such sales tax savings program implemented by the Owner as set forth in the Agreement and in accordance with Owner's policies and procedures. Section 14. Exclusion of County Permits in Bid Prices 14.1 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. 14.2 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 15. Use of Subcontractors 15.1 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 2017-08, as amended, 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." 15.2 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. 15.3 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, orwho has exhibited an inability to perform through any other means. 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder 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 16. 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 III, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Section 17. 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 18. 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 10 CONSTRUCTION BID BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dredging of Wiggins and Doctors Passes BID NO. 18-7283 Full Name of Bidder Brance Diversified, Inc. Main Business Address 1903 Wambolt Street, Jacksonville, FL 32202 Place of Business 1903 Wambolt Street, Jacksonville, FL 32202 Telephone No, 904-748-0050 Fax No. 904-748-0049 State Contractor's License # SCC 131150693 State of Florida Certificate of Authority Document Number P0800005621 3 Federal Tax Identification Number 26-2921414 DUNS # 00418688 CCR# wit�iiSAMd Cage Code 5QA67 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 Services Division staff. Il4"u 10 Detail by Entity Name DIVISION OF CORPORATIONS Deuam ieni S�atP / p vision Lf i. > afions l arc Rego is l Dc jtafl O inent I�irm�ar l Florida Profit Corporation BRANCE DIVERSIFIED, INC. Filing Information Document Number P08000056213 FEI/EIN Number 26-2921414 Date Filed 06/09/2008 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 08/29/2017 Event Effective Date NONE Principal Address 1903 WAMBOLT STREET JACKSONVILLE, FL 32202 Changed: 08/29/2017 Maiiing Address 1903 WAMBOLT STREET JACKSONVILLE, FL 32202 Changed: 08/29/2017 Registered Anent Name & Address MAY, DANIELLE P 14664 DIAMOND RANCH LANE JACKSONVILLE, FL 32234 Name Changed: 08/29/2017 Address Changed: 03/10/2009 Officer/Director Detall Name & Address Title P MAY, DANIELLE P 14664 DIAMOND RANCH LANE JACKSONVILLE, FL 32234 I ttp://search.sunbiz. org/I nq u Iry/Corporation Search/SearchResultD etail? i nqu irytype=E n tityNa me&d irectionTyp e=initial&sea rchNa meOrd a r -B RAN C E D i... 112 11141 ZV I t3 Annual Reports Report Year Filed Date 2015 01/19/2015 2016 01/27/2016 2017 04/06/2017 Document images Detail by Entity Name M Ammj-cj-Qjkqi ViOw InMe in PDF format Vlow Image in PDF format FPQRT View. imagoinPDF famlot fjILI FILM '�AN-M)ALRE �PQU View 1m8UE1 10 PDF format 01170/291-4 -- —A—NNt—JALB_Q,0El View image in PDF foformatformat 01�13012 (113, VIPW Image In PDF formrt i)i'..11i20i2 q. 'NUAI_ REPORT VIL 1w imago in PDF formal, A10 2(L View Imago in PD.- foi1nat A Rr M-191-2019 -- _AWjj(JA -Pan View image in 13OF format Q/ 2tLQ_g-&NLtjLLAI RF��QR[View iftlz at)e in PDF fornw, image in I"DFf.mr.t http://search.sun biz,org/inquiry/CorporationSearch/SearchRegultDotoil?inquirytype=EntityName&directionTypa=l nitial&searchNameOrd er--BRAN CEDI... 2/2 BID SCHEDULE Dredging of Wiggins and Doctors Passes Bid No. 18-7283 � E E E E E 2 \ d d a a o o6 m R \mRq? q o1 k / a/E/§ e Ln \ R E § E E q \ 2 \k\\ $ \ � � ------------------ m tr� m tr� vi £ o \ e R � \ / e / d ------------------------------------------------- § E o § j= CL E E 3 ƒ -----.--®---�-______ aj 2 m c g a CL CL0 3 k/ 1 ® # / ra m/ A / a o r a 3 J § 7 b \ 0 CL / 47 0 ) ( / 41 E k § o 7 V k \ 0 0 q § 3 \ ¥ » m \ 0 m k Q § ¥ a 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. c�' &E) Diversified c. Signature: Date: 01 /04/18 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 14 Page intentionally left blank. 15 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 2017-08 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. ompany: rance Diversified Inc. Signatu� Date;0 1/4/1'$ 16 Major Categoryof Work Subcontractor and Address 1. Electrical 2. Mechanical 3. Plumbing 4. Site Work 5. Identify other Triple J Trucking, INC. subcontractors that 10060 Amberwood Rd #2, Fort Myers, FL 33913 represent more than 10% of price or that affect the critical path of the schedule ompany: rance Diversified Inc. Signatu� Date;0 1/4/1'$ 16 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five (5) 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. Proiect and Location Dredge approximately 36,722 CY and disposed of via sealed dump trucks St. Augustine, FL Dredge approximately 17,000 CY 2. and disposed of via sealed dump trucks. a sonville FL _ Dredged approximately 71,250 CY 3. and disposed of via sealed dump trucks. Fernandina Beach FL Dredged approximately 12,000 CY and 4 placed into a standard river hooper and placed into F.I.N.D. site, Jacksonville, FL Dredged approximately 4,700 CY from marina, loaded directly into trucks and 5. transported. Jacksonville, FL Reference (include phone # or email address City of St. Augustine 75 King Street, St. Augustine, FL 32085 904-209-4302, tfleming@citystaug.com Marsh Landing Management Company 4200 Marsh LandingBlvd #200 Jacksonville Beach, FL 32250 904-671-3457, rmasulli@comcast.com City of Fernandina Bea& Marna 204 Ash Street Fernandina Beach, FL 32034 904-753-0203, isbringya fbfl org Queens Harbour Yacht &Country Club 238 Queens Harbour Blvd Jacksonville, FL 904-221-8865, dcawton@mayresort.com Harbortown Marina 13114 Atlantic Blvd Jacksonville FL 32224 904-477-8692, jim.kehres@nfloridasystems.com p 'U1 1!, 17,000 If of ca Is Cit of Punta Gorda 6 hydrdaulidca��y and ispd�sed into scouraRoles 32 W Marion Avenue Punta Gorda, FL Punta Gorda, FL 33950 941-575-3351 dadam_ s(a)pgorda.us Company: Brance DiversifiedINC. Signatu3 W j Date. 01/04/18 17 TRENCH SAFETY ACT 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 Quantityl Cost Cost Descri tion LF SY 1. 2. 3. 4. 5. N/A TOTAL$ Failure to complete the above may result in the Bid being declared non-responsive. Company: Bran a Diversifi Inc. Signature: - Date: 01 /04/18 18 Admini*aWe Services Department Procurement Services ;dvlsiun Immigration Law Affidavit Certification Solicitation: 18-7283 Dredging of Wiggins and Doctors Passes 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 Verif 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 Brance Diversifed Inc, Print Name Danielle P. May Title President Signature Date 01/04/18 State of Florida County of Duval The foregoing instrument was signed and acknowledged before me this 4 day of January 2018 , by (print or type name) who has produced (type of identification and number) as identification. , —AJ-- otary Pubv�—ture J K Hahn Secure J K NAHm Ecurle Mr commlss= M Fr , Printed Name of Notary Public COWESg sa9,4260 Y 29 20 ig Notary Commission Number/Ex/piIration 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 CA4er co -Welty Administrative Services Department Procurement erticos Cirision 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. General Information (provide all information) Taxpayer Name Brance Diversified, nc. (as shown on incowouewrsified, Inc, Business Name (if different from taxpayer name) Address 1903 Wambbolt Street City Jacksonville State Florida Order Information Address 1903 Wambolt Street Zip 32202 Remit f Payment Information Address 1903 Wambolt Street City Jacksonville State FL Zip 32202 I City Jacksonville FL 32202 State Zip FAX Email 2. Company Status (check only one) FAX Email `individual i Sole Proprietor x Corporation^Partnership Tax Exe _mpt (Federal income fax -exempt entity _ L(mitad Liability Company _ under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation. P = 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) 26-2921414 Vendors who do not have a TIN, will be reg u(red to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penaltles of per' 1 certify that the information shown on this form is correct to my knowledge. Signature Date 01/04/18 i Title `'resident Phone Number 904-748-0050 20 'qI 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 signed and approved agreement and Purchase Order, the undersigned proposes to commence work at the site within five (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 twenty one (21) 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 three (3) consecutive calendar days after Substantial Completion, computed by excluding commencement date and including the last day of such period. Respectfully Submitted: State of Florida County of Duval Danielle P. May 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. Danielle P. May , 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. (a) Corporation The Bidder is a corporation organized and existing under the laws of the State of Florida operates under the legal name of Brance Diversified, Inc. ,which names of its officers are as follows: �--�-�� , and the full President Danielle P. May -Y�✓� E! " Secretary Treasurer Manager. 21 The Danielle P. May is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken August 29, 2017 , 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 under a trade name, said trade name is and if operating Complete for information contained in (a) Corporation, (b) Co -Partnership or (c) Individual from previous page. DATED w►tness Witness Legal Entity BY: Name of Bidder (Typed) Signature Title 22 PA STATE OF Florida COUNTY OF Duval The foregoing instrumentwas acknowledged before me this 4 day of .January 2018 by Danielle P. May , as President of Brance Diversified, Inc. , a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as i en i ca Ion and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) E,"My K HANN sECUREOMMISSION b FF 194250PIRES januwy 29 2019FbM1+N•ua.fw.w�,+,w (8kiRturte of Not y) NAME: (Legibly Printed) Notary Public, State of F'10,0 l,- Commission No.: _FP-IqH2-(tx,) 23 BED BOND KNOW ALL MEM BY THESE PRESENTS, that We BranceDiversified, Inc,rCC_ (herein after called the Principal) and I insurance Company (herein called the Surety), a corporation chartered and existing under the laws of the State of Florida with its principal offices in the city of Sarasota and authorized to do business in the 'State of Florida are held and firmly bound unto the Collier County, Florida (hereinafter called the'Owner), In the full and fust sum of Five percent of amount bid dollars ($_ 5% ) good and lawful money of tho United States of America, to be paid upon demand of the Owner, to which payment Welland 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 Bid No. 18-7283 Collier Creek Emergency Dredging, 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 Rid, 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 thefailure of the PRINCIPAL to, enter intosuch Agreement onto 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 $ Five percent 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 andeffeet. IN TESTIMONY Thereof, the Principal and Surety have caused these presents to be duly signed and sealed this 5th day of January 20 18 Brance Diversified, Inc. Priticipal BY lhnie Eic. P. IVIQ� (Seal) FCCI Ilnsu�ra c Co 1 Surety i. -z - u'_,- (Seal) Cindy L. MirW tto� - ' Countersigned Cindy L. Mirisola, FI "da Resident Agent Local Resident Producing Agent for Sihle Insurance Group, Inc. 1021 Douglas Ave., Altamonte Springs, FL 32714 (407)389-3588 10-00063899 ISM Ae"N INSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance; Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Cindy L Mirisola; Shelley Fane Each, its true and lawful Attorney -In -Fact, to make, iexecute, seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of (not to exceed $7,500,000 $7,50,0,000.00 ? This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof, the FCCI Insurance Company has caused these presents to be signed by Its duly authorized officers and its corporate Seal to be hereunto affixed, this 25TH day ofSe tember 2016 . Attest: anNc� Cral hn?n,residentSEALThom . Koval Esq., EVP, Che Officer, FCCI nsurompany Gov ent Affairs and Corporate Secretary a c�Op19p' FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes, expressed therein, �. Acteae Abaco My commission expires: 9/25/2020 cr�ovo r�rrr Mrfi«>>o�nuau Notary Public State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. � ri+M+a�rrr My commission expires: 912512020*> CsL.tu%, Notary Public CERTIFICATE 1, the undersigned Secretary of FCCI, Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remainsin full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this day of Thoma Koval, Esq., EVP Legal Officer, Gov r ent Affairs and Corporate ary �-tow,-�sez-r�noa, a�a GS yyliTlT/v(, 4y Ci(ll in .in4 l r. Nl . v4,dllt� � 3 U°r., p )ltf%tJtij7h It ro i}'}t�;i+ J'i€1, It&Rt �hs)Jtl'r� /bd; f,alA^18.Aa114�ti liti}t&!1)lAr'i( Bl)d i71�Ct13t9.?` �_ _ t�rinbnganl.u.�fcr. L1dic tvidory iJlversion xPQ 184283 Collier C.rev t Ra lea•ge€xcy Dredging Declaration Statement & Conflict of Interest Affidavit Vendor Declaration Statement Page 1 of 1 The undersigned, as Vendor declares that this submittal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fiaud. The Vendor agrees to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the solicitation pertains. The Vendor states that the submitted proposal is based upon the documents listed by the above referenced Solicitation. Conflict of Interest Affidavit The Vendor certifies that, the firm (employees, officers, and/or agents) hereby discloses, that to the best of their knowledge and belief, all relevant facts concerning past, present or currently planned interests or activity (ies) (financial, contractual, organizational, or otherwise) which are related to the proposed work; and bear on whether the firm (employees, officers, and/ or agents) has a possible conflict and has been fully disclosed. Additionally, the firms (employees, officers and/or agents) agree to immediately notify the Procurement Services Division in writing if any actual or potential conflict of interest arises during the contract and/or project duration. R Yes ❑ No Certification: Under penalties of pe1jwy, I certify that I am in agreement, to the best of my knowledge, with tine terms and conditions of the Declaration and Conflict of Interest ;Statements above. file:///E: /Brance/Marketing/Collier%20Creek/Declaration%20 Statement%20&%20Conflict.. 1/4/2018 18-7283 Collier Creek Emergency Dredging GENERAL BID INSTRUCTIONS 1. DEF INI HUNS Page 1 of 5 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 tern "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. 2. PREPARATION OF BIDS The Bids must be submitted on the standard form herein furnished by the Owner (pages 15 - 29 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 and shall sign the Bid correctly. The Bid may be rejected if it contains any omission, alteration of form, conditional bid or irregularities of any kind. Bids must be submitted on httt)s://www.bidsync.com/bidsync-cas/ 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 cashier's 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 one hundred twenty (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 one hundred twenty (120) days from opening, unless otherwise agreed by the Procurement Director and the Successful Bidder. 3.2 The Successful Bidder shall execute two (2) 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 file:///E:/lBrance/Marketing/Collier%20Creek/Construction%20I3id%20Instructions%20For... 1/4/2018 Page 2 of 5 the Agreement to Successful Bidder within thirty (30) working days after receipt of the executed Agreement from Successful [udder 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. 4. RIGHT TO REJECT BIDS 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. 5. SIGNING OF BIDS 5.1 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. 5,2 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. 5.3 If Bidder is an individual, his or her signature shall be inscribed, 5.4 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. 5.5 All Bids shall have names typed or printed below all signatures. 5.6 All Bids shall state the Bidder's contractor license number. 5,7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as irregular or unauthorized. 6. 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. 7. LATE BIDS No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal Advertisement. S. INTERPRETATION OF CONTRACT DOCUMENTS 8.1 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 and addressed on the County's Online Bidding System to be given consideration. All such requests for interpretations or clarification must be received as directed in the Online Bidding System instructions and 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 via the Online Bidding System at their respective email 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. 8.2 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. 8.3 Bidders will refer to the Legal Advertisement, to ascertain if attendance by all bidders at the Pre—Bid Conference is mandatory or non—mandatory. In instances where the Owner has deemed the pre bid to be mandatory. the Bidder's failure to attend the re—bid conference shall result in the re'ection of his bid. 9. EXAMINATION OF SITE AND CONTRACT DOCUMENTS file:///l✓:/Brance/Marketing/Collier%20Creek/Construction%20Bid%20Instruetions%20For... 1/4/2018 1 !) Page 3 of 5 9.1 By executing and submitting its Bid, each Bidder certifies that it has: a. Examined all Bidding Documents thoroughly; b. Visited the site to become familiar with local conditions that may in any manner affect performance of the Work; c, Become familiar with all federal, state and local laws, ordinances, rules, and regulations affecting performance of the Work; and d. Correlated all of its observations with the requirements of the 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. 9.2 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 Doctunents. This provision shall be subject to Section 2.3 of the General Conditions to the Agreement. 10. 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. 11. BID OUANTITIES 11.1 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 twenty-five percent (25%) from the estimate at the time of bid. 11.2 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. 12. AWARD OF CONTRACT 12.1 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 flit their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's then cunent procurement ordinance and policies. 12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive and responsible 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 responsible 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. file:///E:/Brance/Marketing/Collier%20Creek/Constructionlo20Bid%20Instructions%20For... 1/4/2018 1) Page 4 of 5 Award recommendations will be posted on the Procurement Services Division Web Site. 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 is available at: httn://www.colliergov.net/your- >overmnenddivisions-f- L)rocurement-services/policies-and•procedtn.e s 12.3 For Bidders who may wish to receive copies of Bids after the Rid opening, The Owner reserves the right to recover all costs associated with the printing and distribution of such copies. 12.4 Certificate of Authority to Conduct Business in the State of Florida (FL Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions o' Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authorih (www.sunbi� or /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 a 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 anothe: fine. 13. SALES TAX 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. 14. EXCLUSION OF COUNTY PERMITS IN BID PRICES 14.1 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 pennit/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. 14.2 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. 15. USE OF SUBCONTRACTORS 15.1 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 2017-08, as amended, 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." 15.2 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. 15.3 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. file:///E:/Brance/Marketing/Collier%20CreeldConstruction%20Bid%20Instructions%20For... 1/4/2018 Page 5 of 5 15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder 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. 16. 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 111, Florida Statutes, Collier County Ethics Ordinance No. 2003-53, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 17. 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 protect 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. ®Yes ❑ No Certification: I certify that I am in agreement, to the best of my knowledge, with the General Bid Instructions above. pq dile:///E:/Brance/Marketing/Collier%20Creek/Construction%20Bid%20Instructions%20For... 1/4/2018 References 18-7283 Collier Creek Emergency Dredging References REFERENCE #1 Company Name: Queens Harbor Yacht & Country Club Address: 438 Queens Harbour Blvd., Jacksonville, FL 32225 Contact Name: David Cawton Telephone: 904-221-8865 Email: dcawton@mayresort.com Describe products/services provided: Dredging and Marine Construction Provided from <insert date>: 2013 to <insert date: 2018 REFERENCE #2 Company Name: Harbortown Marina Address: 13114 Atlantic Blvd., Jacksonville, FL 32224 Contact Name: Jim Kehres Telephone: 904-477-86692 Email: jim.kehres@nfloridasystems.com Describe products/services provided: Dredging Provided from <insert date>: 2010 to <insert date: 2017 REFERENCE #3 Company Name: Marsh Landing Management Company Address: 4200 Marsh Landing Blvd., #200, Jacksonville, FL 32250 Contact Name: Rick Masulli Telephone: 904-671-3457 Email: rmasulli@comcast.net Describe products/services provided: Dredging Provided from <insert date>: 2012 to <insert date: 2017 REFERENCE #4 Company Name: City of St. Augustine Address: 75 Icing St., St. Augustine, FL 32085 Contact Name: Tim Fleming Page 1 of 4 file:///G:/1 ALL%20SOLICITATIONS%20&%20TEMPLATES/1_FY%202018/18-7283... 1/13/2018 References Telephone: 904-209-4302 Email: tfleming@cityaug.com Describe products/services provided: Dredging Provided from <insert date>: 2014 to <insert date>: 2017 REFERENCE #5 Company Name: Conch House Marina Resort Address: 57 Comares Ave., St. Augustine, FL 32080 Contact Name: Mark Heiman Telephone: 904-824-4347 Email: capt.lielman@gmail.com Describe products/services provided: Dredging Provided from <insert date>: 2017 to <insertdate>: 2017 REFERENCE #6 Company Name: City of Punta Gorda Address: 326 W Marion Avenue, Punta Gorda, FL 33950 Contact Name: Deb Adams Telephone: 941-575-3351 Email: dadams@pgorda.us Describe products/services provided: Dredging Provided from <insert date>: 2017 to <insert date>: 2017 REFERENCE #7 Company Name: City of Fernandina Beach Marina Address: 200 Ash Feet, Fernandina Beach, FL 32034 Contact Name: Joe Springer Telephone: 904-753-0203 Email: jspringer@fbfl.org Describe products/services provided: Dredging & Marine Construction Provided from <insert date>: 2009 to <insert date>: 2015 REFERENCE #8 Company Name: Cats Paw Marina Address: 220 Nix Boat Yard., St. Augustine, FL 32084 Page 2 of 4 file:///G:/1 ALL%20SOLICITATIONS%20&%20TEMPLATES/1_FY%202018/18-7283... 1/13/2018 References Contact Name: Sonia Jensen Telephone: 904-829-8040 Email: catspawmarina@aol,com Describe products/services provided: Dredging Provided from <insert date>: 2016 to <insert date>: 2017 REFERENCE #9 Company Name: City of Jacksonville Address: 214 North Hogan Street, 10th floor, Jacksonville, FL 32202 Contact Name: Tom McKnight Telephone: 904-255-8742 Email: tmcknight@coj.net Describe products/services provided: Dredging and Marine Construction Provided from <insert date>: 2009 to <insert date: 2015 REFERENCE #10 Company Name: Camachee Cove Yacht Harbor Address: 3070 Harbor Drive, St. Augustine, FL 32084 Contact Name: Travis Staats Telephone: 904-829-5676 Email: travis.camachee@comcast.net Describe products/services provided: Dredging and Marine Construction Provided from <insert date>: 2015 to <insert date: 2017 Submitted by: Business Name: Brance Diversified, Inc. Authorized Representative: Danielle P. May Title: President Page 3 of 4 Solicitation #: 18-7283 Collier Creek Emergency Dredging Date: amay@brancediversifled.com file:///G:/1 ALL%20SOLICITATIONS%20&%20TEMPLATES/1_FY%202018/18-7283... 1/13/2018 View Details - Entity Overview I System for Award Management Page 1 of 1 Exclusion Summary Active Exclusion Records? No Search Records Username Password -- Data Access Disclaimers GSA.guv/IAE Check Status Loy In About Forgot Username) Forgot Password? Create an Account 15110 NORMANDY BLVD Brance Diversified, Inc. JACKSONVILLE, FL, 32234-2325 , E nti-ty._.— DUNS: 00410668B CAGE Coda: 5QA67 UNITED STATES Status: Active Dr� �+� �1 I IeW Expiration Date: 04/13/2018 a r7 Entity Redstratlon Purpose of Registration; All Awards Core Data Entity Overview Assertions Reqs & Certs P005 Entity Registration Summary r Exclusions Name: Brance Diversified, Inc. Doing Business As: BDI Active Exclusions Business Type: Business or Organization Last Updated By: Danielle May Inactive Exclusions Registration Status: Active Activation Date: 04/13/2017 Excluded F=amily Expiration Date: 04/13/2018 Members itii l'URt TC15r=ARCH Exclusion Summary Active Exclusion Records? No Search Records FAPIIS.gov Data Access Disclaimers GSA.guv/IAE Check Status Accessibility GSA.gov About Privacy Policy USA.gov Help iBFi v1.P.7.20171102-122 WW",.'s T7!is IS a U ;. C;e::erat ierrires AdminVstratlm Fedeai �Goaernment rainpu`.ar VWitl that is "FCR OFFICIAL USF. OMCC Tbls 5ymoe l IS suhjwa to mr""W'i!:p, indivldual, round pe!forn?intj w!aint!nrizeU activities bra subject tp d!scipfinary actin.; indudi!:p aimtnal pr' -.S uw is . https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS_rOOABXdcACJgYXZheC5... 1/13/2018 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES FLORIDA DEPARTMENT OF EMERGENCY MANAGEMENT Certification Regarding Debarment, Suspension, and Ineligibility and Voluntary Exclusion Contractor Covered Transactions (1 ) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this dOCUment, that neither it nor its principals is presently, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-1•ecipielt's subcontractor is unable to certify to the above statement, the prospective -contract shall attach an explanation to thisform. CONTRACTOR 13rance Diversified, Inc. By:. Signature Danielle 11. May, Pres rlenf t Nance and Title 1903 Wambolt 5t, Street Address Jacksonville, A. 32202 City, State, Zip _ 00418688 DUNS Number 1/04118 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: FEMA -DR -4337 CCA - 2 EXHIBIT 1-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned Brance Diversified Inc (Contractor) certifies, to the best of his or her knowledge, 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 connectionwith 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly. 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 malting or entering into this transaction imposed by 31, LJ.S.C. S .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. The Contractor, Brance Diversified, Inc. , ceitiftes 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. § 3801 et seq., apply to this certification and disclosure, ifany. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to this certification and diselpslye, if any. Signature of Contractor's Authorized Official Danielle P. May. President __Name of Authorized Official and Title 1/04/18 Date GCA -3 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 18-7283 Collier County Solicitation No. I, Danielle P. Mav, hereby certify that to the best of my knowledge, neither 1 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 t 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 Nvhich I am seeking a business relationship not, which I now serve actively or have served within the last year are parties or represent a party to thematter. .1 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 Danielle P. May Position President Date 1/04/18 1!rivacy 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 J ustice 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 ajudge-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 wilt 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. GCA -4 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be rarified. Unverifable statuses %vili require the PRiMEE to either praivde a revised statement or provide source documentation that validates a Status. A. PRIME VEND( R/COMTRACTOR INFORMATION PRAAE NAME PRIME FE€D NUMBER CONTRACT DOLLAR AMOUNT Brance Diversified, Inc. 26-2921414 $569.069.00 iSTHE PRIME AFLONDA.-CERTIFIED CISAD'VANTLGED,�fE-I-g;,�,t V N rSTHE ACTIVITY OFTHIS CONTRACT..- MINORIWORWOMEN BUS! KESSEtJERPRISE? DBE+ Y CONSTRUCTIOF!? b N {DB<1415E,"WBE) ORHwVEASMALLDISADVAtsTAGED BUSMESS"CERTIFIMTIOIi°'.FROMTHESMALLBUSINE55 M8 E? Y IJ CONSULTA'RON? Y' ADIOINISTRAT1ON? A SERVICE DI5ABLED VETERATO WBE? Y OTHER? Y id SDS BA? l' IST HiS5UBMISSM11 A REVISION? Y N if YES, REVISION HUMBER B. IF PRIME HASSUBCONTRAC€OR OR SUPPLIER WHO IS'A DISADVANTAGED MINORITY, WOMEN- ?11tI+1ED SMALL $USINESS CONCERN OR SERVICE DISABLED VETEITA,N, PRIME4S TO COMALETE THIS NE)tT St ON DBE WWBE SUB -CONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNtcrTY CODE SUB{SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (see Below) DOLLAR AMOUNT DOLLARS NIA TOTAL: C, SECTIOtN TO BE-QMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TrdLEOFSUBMITTER ..... Danielle P. May January 4, 2018 President EMAILADDRESS OF PRIME [SUBMrrrER) TELEPHONE NUMBER FAX NUMBER dmay@brancediversified.com 904-748-0050 904-748-0049 NOTE: This infornTation is used to track and report anticipated DBE or 1.78E 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 tinia 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 rales. £THP¢ICTTY �G£iDE ' BlackArnerican BA ...._ Hispanic American HA NativeAnlerican NA Subcont. Asian American SAA Asian -Pacific American APA Non-Minc€it Women NP.aN Other: not of any other group liestedi O D, SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENTMOE COLLIER CONTP..LCT#fIFBfRFPorPOIRE01 GRANT PROGk4M/CONTRA CT ACCEPTED BY DATE c;cA - 5 -- — EXHIBIT l-02- GRANT CERTIFICATfONS AND ASSURANCES BID OPPORTUNITY LIST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES Continued 1. Federal Tax ID Number 6, DBE E, AnrualGrazsReceipts 2. Fir -r. Flame: h or, DBE Lezahg -i ; i million 3. Dhar,e Aumber Between 5 1-3 million Adtre-- BLtweer, j 5-10 m 7zlior,,, 7. Betweer, 5 10-15 lslk;on HSubcontractor Subcor.;j,*tzn" More th-Art � 15 rn";?iorz 5, Tea, Firm Ettalblished; 1, Federal Tax ID K1,01 ber, 6, ME E. Arx a;1 Gross Receipts 1. Firm Name: or, -DBE Lea: than a I million 3, Phone Number: Betweer 1-3 million 4. Adcrera Bet sv--e n 1P 5 -.10 rA :I ior, T. Subcontractor Betweer id 15 M1 H�01 Subcordtan, Morethan t :15 rg,"lior S. 'iea , Firm Established; 1. Federal Tax ID Num per: 6.R HE S, Arr,,Li;l GrassReceiP,:5 2, Firm Nvne; N or. -DBE Lit -;i; than'.5 I million 3. Phone Number; BLtoeer, 5 1-5 million A&ress Betweer, ri;:fior 7, SQbcontr;rtor Betss,--r. 10-15 mhsrll SQ!pcorsutant More thgn � 15 rri 5. Year hm Established: 1, Federal Tax ID NL�m aer.', 6. DBE S. Arcual Gross Receipt; 1 Fir,.r. Name: h on -DBE Le5z th; n 5 1 million 3. P none Num her-, Between 1-5 million Adrres Betweer, 5-10 n0lior. 7. Subcontractor 11 Between 5 10 i5 rC'iOn Subcor More than , 15 rnM;or, 5. 'Year Fir,.r, Established: 1. Federal Tax, ID NLM pet, 6. DBE 1— Arx u al Gror;s Receipt?. 2, Firm N;,ne: Non -DBE Lest than ':, .1 million 3. Phone Nurnber-, Betweer 5 1-5 million 4'. Adtrezz Betweer. S,5-10 mi"I'lion 7. Subcontractor Betkween 5 W-15 S,jbcor,,5u tan-. More than L15 rlfor 'Ie;rFirm Established: GCA -6 EXHIBIT I-02 GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms, Conditions and Grant Clauses FlowDown 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 .Por 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 rcquircments identified in this solicitation document(s). Vendor/Contractor Name Authorized S Address 1903 Wambolt St. Jacksonville, FL 32202 Sol icitation/Contract# 18-7283 GCA - 7 Date 1/04/18 e Email: kristoferlopezCa colliergov.net Telephone: (239) 252-8944 FAX. (239) 252-6593 ADDENDUM 1 Memorandum Date: December 21, 2017 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum # 1 Solicitation 18-7283 Collier Creek Emergency Dredging The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: 1. Changed to: The Successful Bidder shall be required to finally complete all Work within One Hundred and Twenty (120) calendar days from and after the Commencement Date specified in the Notice to Proceed. 2. Changed to: $1000.00 a day after 120 days. 3. Revised specifications outlining the authorization of stockpiling material at the offloading area. 4. Pre Bid Sign In Sheet Uploaded If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Gary McAlpin, Project Manager / AddendumTempiate Revised: 4/15/10 1 Al i �. f? t.a •c, �.� �... �):I� lit r:�?�2' Memorandum Email: kristoferlopez@colliergov.net Telepbone: (239) 252-8944 FAX: (239) 252-6593 Date: December 21, 2017 From: Kristofer Lopez, Procurement Strategist To: Interested Bidders Subject: Addendum # 2 Solicitation 18-7283 Collier Creek Emergency Dredging The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Changed to: Bid is due on Friday January 5, 2018 @, 3:OOPM 2. An additional pre-bid meeting has been scheduled for Wednesday December 27, 2017 at 10:OOAM. Location: 3295 Tamiami Trail East, Naples Florida 34112, Procurement Services Division Conference Room A. "Attendance is only required at one pre-bid meeting, if you attended the meeting on December 20th, 2017 you are not required to attend. This additional pre-bid meeting has been scheduled to ensure the county follows (2 C.F.R 200.321), the federal regulation requiring this project to be solicited to minority businesses, women's business enterprises, and labor surplus area firms. Collier County plans to request reimbursement of funds for this project from FEMA thus necessitating this requirement. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. c: Gary McAlpin, Project Manager :&anne AddendumTomplato Revised: 4115110 1 6 THIS SHEETMUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Procurement Services Division BIDDERS CHECK ST IIViPORTANT: Please read carefully, sign n 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, 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 and the County's Substitute W9 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashier's check has been included. 9. Any addenda have been signed and included. 10. The Bid will be uploaded in time to be received no later than the specified openig and time, otherwise the Bid cannot be considered. Brance Diversified, Inc. Bidder Name P bent 01/04/18 ature & Titl Date 25 CONSTRUCTION AGREEMENT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ("Owner") hereby contracts with Brance Diversified, Inc. ("Contractor") of 1903 Wambolt Street, Jacksonville, Florida 32202, a Corporation, authorized to do business in the State of Florida, to perform all work ("Work") in connection with Collier Creek Emergency Dredging, Invitation to Biot No. 18-7283 ("Project"), as said Work is set forth in the Plans and Specifications prepared by Aptim 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; hive hundred Sixty -Nine Thousand and Sixty -Nine Dollars ($569,069.44) 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 Fronds and as Acceptable Reinsurance Companies circular, This circular may be accessed via the web at www.fms.treas. ov/c570lc570.html#certifled. Should the Contract Amount be less than 26 $500,000, the requirements of Section 287.0835, 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 one hundred and twenty (1 20) 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 three (3) 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, One Thousand dollars {$1,000) for each calendar day thereafter until Substantial Completion is achieved. Further, in the event Substantial Completion is reached, but the Contractor fails to reach Final Completion within the required time period, Owner shall also be entitled to assess and Contractor shall be liable for all actual damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion, The Project shall be deemed to be substantially completed on the date the Project Manager (or at his/her direction, the Design Professional) issues a Certificate of Substantial Completion pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of the Owner's actual damages at the time of contracting if Contractor fails to Substantially or Finally Complete the Work within the required time periods. C. Computation of Time Periods. When any period of time is referenced by days herein, it shall be computed to exclude the first day and include the last day of such period. if the last day of any such period falls on a Saturday 27 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 lays 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 18-7283 Collier Creek Emergency Dredging Exhibit A: Performance and Payment Bond Forms Exhibit B: Insurance Requirements Exhibit C: Release and Affidavit Form Exhibit D: Contractor Application for Payment Form Exhibit E: Change Order Form Exhibit F: Certificate of Substantial Completion Form Exhibit G: Final Payment Checklist Exhibit H: General Terms and Conditions 28 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 Aptim Environmental & Infrastructure, Inc. and identified as follows: Plans and Specs as shown on Plan Sheets 1 through 5. Exhibit N: Contractor's List of Key Personnel Section 7. Notices A, Ail 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: Collier County Board of County Commissioners, Florida c/o Coastal Zone Management Division 2685 S, Horseshoe Drive, Unit 103 Naples, Florida 34104 Attention: Gary McAlpin, Manager Telephone: (239) 252-5342 Email: Gary, Mcalpin CcDcolliercount fl.gooy 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: Brance Diversified, Inc, 1903 Wambolt Street Jacksonville, Florida 32202 Attention: Danielle P, May, President Telephone: (904) 748-0054 Fax: (904) 748-0049 Email: dmaygbrancediversified.com C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section B. 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 z9 the threshold amount provided In s. 287.617 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Section 9. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 10. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement, Section 11. Governing Law., The Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 17. 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. Severallillt . 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. sv 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, 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 including the Owner's Board approved Executive Summary cannot be resolved by application of the Supplemental Conditions, if any, or the Construction Agreement and the General Terms and Conditions, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. a IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. TWO WITNESSES; I`IRST WIT ESS Print fdal s COND W1T s 61 Print Name Date; ATTEST. OF Dwight E. Brock, Clerk BY: Approved as to Form and Legality: Deputy County Attorney Print Name CONTRACTOR. Brance diversified, Inc. By: Print Name and Title bate OWNER: BOAR© OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA M Andy Solis, Esq., Chairmwi Dole: 32 EXHIBIT A 1. PUBLIC PAYMENT BOND Collier Creek Emergency Dredging Bond No. Contract No. 18-7283 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 park hereof, and is referred to herein as the Contract. THE CONDITION OF THIS BOND is that if Principal,- Promptly rincipal: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 WHLREOF, 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 Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY oF- _ BY: NAME: ITS: PRINCIPAL The foregoing instrument was acknowledged before me this day of 2Q__, 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: NAME: (AFFIX OFFICIAL SEAL) ATTEST: Witnesses to Surety (Signature of Notary) (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address (Authorized Signature) (Printed Name) 34 DO r Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Printed Name) (Business Address) (Telephone Number) The foregoing instrument was acknowledged before me this day of 20 by I as Surety, on behalf of Surety oath. My Commission Expires: (AFFIX OFFICIAL SEAL) _ of He/She is personally known to me OR has produced as identification and who did (did not) take an (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: .-- 15 EXHIBITA 2: PUBLIC PERFORMANCE BOND Collier Creek Emergency Dredging KNOW ALL MEN BY THESE PRESENTS; That as Principal, and as Bond No. Contract No. 18-7283 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: 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 worst 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. 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. 26 Signed, sealed and delivered in the presence of: PRINCIPAL Witnesses as to Principal NAME: STATE OF COUNTY OF M ITS: The foregoing instrument was acknowledged before me this � _ day of _ �, 24 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: Name: (Signature) (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 37 ATTEST: SURETY: (Printed Mame) (Business Address) (Authorized Signature) (Printed Name) Witnesses as to Surety OR As Attorney in Fact (Attach Power of Attorney) (Printed Name) Witnesses (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: (AFFIX OFFICIAL SEAL) (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: 38 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", or, the specific solicitation number and title. 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. CoverageLs] 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 coverageis , required herein, the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages 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 Agreement 39 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 coverages purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverages 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 Collier County Florida Insurance and Bonding Requirements Insurance / Bond Type Required Limits 1. Z Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ _1,000,000—single limit per occurrence 3. ® Commercial General Bodily injury and Property Damage Liability (Occurrence Form) patterned after the current $_1,000,000_ single limit per occurrence, $2,000,000 aggregate for Bodily ISO form Injury 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 defend, 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/VendortConsultant in the performance of this Agreement, 5. IN Automobile Liability $ 1,000,000 -Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 6. ❑ Other insurance as ® Watercraft $ 1,000,000 Per Occurrence noted: ® United States Longshorem an`s and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the corn pletlon of the work. $ 1,000,000 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 & in the aggregate + $1,000,000 per claim and in the aggregate $2,000,000 per claim and In the aggregate [l Project Professional Liability $ ❑ Valuable Papers Insurance Per Occurrence $ Per Occurrence 7. ❑ Bid band 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 41 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. 8_ ® Performance and For projects in excess of $200,000, bonds shall be submitted with the executed Payment Bonds 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, ail 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. 9. Z Consultant shall ensure that all subcontractors comply with the some insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. CK 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 an behalf of Coiller County. 12, ® Thirty (30) Days Cancellation Notice required. Vendors 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 Vendor Signature Print Name Insurance Agency Agent Name Date Telephone Number 42 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 its 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 connectlon 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 120 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; (AFFIX OFFICIAL. SEAL) (Signature of Notary) NAME: (Legibly Printed) Notary Public, State of Commissioner No.: 43 Page intentionally left blank. 44 EXHIBIT i7: FORM OF CONTRACT APPLICATION FOR PAYMENT Payment, Schedule of Values and Stored Materials Record applications are available for download at: htt :!! urchasin .collier ov.neVForms/Forms/Allitems.as x 45 EXHIBIT E: CHANGE ORDER An electronic data entry form may be found at: htt :Ilbccs 011SiteDirecto /ASID/Purchasiri tForms1fforms/De#ault.as x Change Order Form Cnntraet#: Chanpe Pturcha4e0iderk I I Projectlf, CanlfactarlFitni Name: Project Idanager Na nit Project Name: Department: Orlglnal CuntrscL'WofX Order Amount OrWnsl BCC Apprevol Date: Agenda Item �► Current BCC ApprowdAnIount "st BCC Approval Date; Agenda Ilam# Conant C cntrv0Vh CFX Order Amount SAP C ontraot EKplration Date l Master} Dolk9r Amountaf this Change 1tDIVM' Total Change frpm OrIginal Amount R&Asad Contrar!Mtory Order Tots]S #DIVER' Charge fromCwrerrt BCG Approved Amountcumulsti�CW es 3 S.30 *tDIvio' Chart a from CrrrentAnwunl e Completion Date, Description of the Task(5) Change, and Rationale for the Change Notice to Proce I� ma Last Approved Remised Date Date Completion ❑ate {4rsixstnS f-ian941 0ofpaysAdded SelentTasks 0 Add newtask(s) ❑ Deletetask(5j CI Changetask(s) 0 Gther{sgemm) Provide a responst6to the following: 1.1 detailed and specllie e%planationiratlonale of the requested chanpela] to thetask(s} and f or the additional days addod (if rtquesttd�; 2.) why this changewas not includedin the original cor4ract: and, a.} desorlbe the impad'd this channo is not proces5e4. Attach addaionsl infornlaiion frm the. Owupr. ProleisionaI an9!8r Cori W151 if neet:td- prepared by:Date: tUy8C1 nanager tJan,a and Department) Acc'xptsrtce of t h iF C harga araer sW II conath tilts modiflc 3tIvn 1 a contrail I work ordtr der tifted abovil and w ill tm s u bjeet 10all the Same lernssand condhionsascomsinsdinlhecontramPworkorder'ntd'catedabove, asfullyas41lnvsamtwere itartedinIhis acaepimm The a4juslm ent, d any, io the Contract s hallconat6jt A full and final sett Isnwni of any and all claims of 160 Contractor., Vendor 1 Cans uhant 1 Da ivah Prates! io"I arils ing out or or relsled l01he chi nqa set forth herein. In:lud all CI31m a for ani pact and detgy Comm - Accepted by:Dalt. (conaracioilvendorr on6uhani,Dc-si n roos raland Namta irm,dprajrrtapphcab '} Approved by: Dat2: (Dtaipn rQfa35iaral an] rJa.meo arm, prpjeal applicable) Approved hy: Date: ro;urt:mrni rafess+bn3 •,9.:75'r]rS;l��;7:YJ1�.3:;",3�_,e:l•t _.JpYi6bih19.g�.yf:l 46 EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER'S Project No. PROJECT: CONTRACTOR Contract For Contract Cate Design Professional's Project No. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To GITRIAV 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. The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: 47 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 By: Design Professional Type Name and Title CONTRACTOR accepts this Certificate of Substantial Completion on 20 By: CONTRACTOR Type Name and Title 20 OWNER accepts this Certificate of Substantial Completion on 20 By: OWNER Type Name and Title 48 EXHIBIT G: FINAL. PAYMENT CHECKLIST Bid No.: Project No.: Date: r 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 pate: 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. T. Certificate of Occupancy No.: issued on (attach to this form). 8. Certificate of Substantial Completion issued on ' S. 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 NIA. If NO is checked for any of the above, attach explanation. Acknowledgments; By Contractor: _ (Company Name) (Signature) (Typed Name & Title) By Design Professional: By Owner: (Firm Name) (Signature) (Typed Name & Title) (Department Name) (Signature) (Name & Title) 49 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 materlals; availability and quality of labor; water and electric power; availability and condition of roads; work area; living facilities; climatic conditions and seasons; physical conditions at the work -site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance. The failure of Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. sa 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 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 5 p.m,, Monday through Friday. No work shall be performed outside the specified hours without the prior approval of the Project Manager. 51 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 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 shalt 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. 4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the Project Manager or his or her designee, as directed by Owner (which designee may include the Design Professional). After the date of each Application for Payment is stamped as received and within the timeframes set forth in Section 218.736 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 f=inance Department respectively, 4.5 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. 52 4.6 Owner shall retain ten percent (10010) 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 throughout 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 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 VISAIMASTER card credit network as a payment vehicle for goods and/or services purchased as apart of this contract. 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 5. PAYMENTS WITHHELD. 53 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 of 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 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 CC, 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. 54 7.1 Contractor shall carefully examine the Contract Documents for all requirements for approval of materials to be submitted such as shop drawings, data, test results, schedules and samples. Contractor shall submit all such materials at its own expense and in such form as required by the Contract Documents in sufficient time to prevent any delay in the delivery of such materials and the installation thereof. 7.2 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow the Owner to determine that the material or equipment proposed is equivalent or equal to that named. Requests for review of substitute items of material and equipment will not be accepted by Owner from anyone other than Contractor and all such requests must be submitted by Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor. 7.3 If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make application to the Project Manager for acceptance thereof, certifying that the proposed substitute shall adequately perform the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice Contractor's achievement of substantial completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for the Project) to adapt the design to the proposed substitute and whether or not incorporation or use by the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service shall be indicated. The application also shall contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs for redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Project Manager in evaluating the proposed substitute. The Project Manager may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. 7.4 If a specific means, method, technique, sequence or procedure of construction Is indicated in or required by the Contract Documents, Contractor may furnish or utilize a 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 55 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 -GUILTS 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; 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 56 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 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. CONTRACT TIME AND TIME EXTENSIONS. 9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work being done on the Project by its subcontractors and material -men, as well as coordinating its Work with all work of others at the Project Site, so that its Work or the work of others shall not be delayed or impaired by any act or omission by Contractor. Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures, as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's suppliers and contractors as set forth in Paragraph 12.2. herein. 9.2 Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its 57 fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty-eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. 9,3 No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of its duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 9,4 In no event shall any approval by Owner authorizing Contractor to continue performing Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver of any right or claim Owner may have against Contractor for delay damages hereunder. 10. CHANGES IN THE WORK. 10.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. promptly after being notified of a change, Contractor shall submit an itemized estimate of any cast or time increases or savings it foresees as a result of the change, Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any alleged changes must be approved by Owner in writing prior to starting such items. Owner will not be responsible for the costs of any changes commenced without Owner's express prior written approval, Failure to obtain such prior written approval for any changes will be deemed; (i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that such items are in fact not a change but rather are part of the Work required of Contractor hereunder. 10.2 A Change Order, in the form attached as ENhibit_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, 10.3 If Owner and Contractor are unable to agree on a Change Order for the requested change, Contractor shall, nevertheless, promptly perform the change as directed by Owner in a written Work Directive Change, In that event, the Contract Amount and Contract Time shall be adjusted as directed by Owner, If Contractor disagrees with the Owner's adjustment determination, Contractor must make a claim pursuant to Section 11 of these General Conditions or else be deemed) to have waived any claim on this matter it might otherwise have had. 10.4 In the event a requested change results in an increase to the Contract Amount, the amount of the increase shall be limited to the Contractor's reasonable direct labor and material costs and reasonable actual equipment costs as a result of the change (including allowance for labor burden costs) plus a maximum ten percent (10%) markup for all overhead and profit. In the event such change Work is performed by a Subcontractor, a maximum ten percent (10%) markup for all 58 overhead and profit for all Subcontractors' and sub -subcontractors' direct labor and material costs and actual equipment costs shall be permitted, with a maximum five percent (5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or sub -subcontractor for field and home office overhead is included in the markups noted above. Contractor's and Sub - Contractor's bond costs associated with any change order shall be included in the overhead and profit expenses and shall not be paid as a separate line item. No markup shall be placed on sales tax, shipping or subcontractor markup. 10.5 Owner shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Change Order or Work Directive Change. 10.6 The Project Manager shall have authority to order minor changes in the Work not involving an adjustment to the Contract Amount or an extension to the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be binding on the Contractor. 10.7 Any modifications to this Contract shall be in compliance with the County procurement ordinance and policies and Administrative Procedures in effect at the time such modifications are authorized. 11. CLAIMS AND DISPUTES. 11.1 Claim is a demand or assertion by one of the parties seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time or other relief with respect to the terms of the Contract Documents. The term "Claim" also includes other disputes and matters in question between Owner and Contractor arising out of or relating to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party making the Claim. 11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-eight (48) hours from when the Contractor knew or should have known of the event giving rise to such Claim or else the Contractor shall be deemed to have waived the Claim. Written supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after the occurrence of the event, unless the Owner grants additional time in writing, or else the Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance with the provisions of Subsection 10.4. 11.3 The Contractor shall proceed diligently with its performance as directed by the Owner, regardless of any pending Claim, action, suit or administrative proceeding, unless otherwise agreed to by the Owner in writing. Owner shall continue to make payments in accordance with the Contract Documents during the pendency of any Claim. 12. OTHER WORK. 12.1 Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts. If the fact that such other work is to be performed is not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work. If Contractor believes that such performance will involve additional expense to Contractor or require additional time, Contractor shall send written notice of that fact to Owner and Design Professional within forty-eight (48) hours 59 of being notified of the other work. If the Contractor fails to send the above required forty-eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may have had to seek an extension to the Contract Time or adjustment to the Contract Amount. 12.2 Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work and shall properly connect and coordinate its Work with theirs. Contractor shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Project Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other Contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. 12.3 If any part of Contractor's Work depends for proper execution or results upon the work of any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to Project Manager in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work. 13. INDEMNIFICATION AND INSURANCE. 13.1 To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. 13.2 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Owner and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Owner or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13.3 Contractor shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. Further, the Contractor shall at all times comply with all of the terms, conditions, requirements and obligations set forth under Exhibit B. 14. COMPLIANCE WITH LAWS. 14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify 60 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. 14.2 By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 14.3 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Vendors / Bidders are required to enroll in the E -Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a copy of the fully executed E -Verify Memorandum of Understanding for the company. Vendors are also required to provide the Collier County 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 BidderNendor does not comply with providing both the acceptable E - Verify evidence and the executed affidavit the bidder's/ vendor's proposal may be deemed non-responsive. 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..qov/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 seg. 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 61 of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15. CLEANUP AND PROTECTIONS. 15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by Owner. 15.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by Contractor from damage during the prosecution of the Work. Subject to the Section 2.3 above, any such improvements so damaged shall be restored by Contractor to the condition equal to that existing at the time of Contractor's commencement of the Work. 16. ASSIGNMENT. 16.1 Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the Owner's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 17. PERMITS, LICENSES AND TAXES. 17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the Work through an internal budget transfer(s). Contractor is not responsible for paying for permits issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier County agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any permits obtained by Subcontractors. 17.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 17.3 Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 18. TERMINATION FOR DEFAULT. 18.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of the Work; or (5) fails to resume Work which has been suspended within a reasonable time after being notified to 62 do so; or (6) becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. 18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing orwaiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 18.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good fain, under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re -letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein, then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the 63 Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen (14) days after receipt of Contractor's written notice, Contractor may, upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 19. TERMINATION FOR CONVE=NIENCE AND RIGHT OF SUSPENSION. 19.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 19.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two (2) calendar days' prior written notice of such suspension. If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (G) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 20. COMPLETION. 20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready for its intended use, Contractor shall notify Project Manager in writing that the entire Work (or such designated portion) is substantially complete. Within a reasonable time thereafter, Owner, Contractor and Design Professional shall make an inspection of the Work (or designated portion thereof) to determine the status of completion. If Owner, after conferring with the Design Professional, does not consider the Work (or designated portion) substantially complete, Project Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after conferring with the Design Professional, considers the Work (or designated portion) substantially complete, Project Manager shall prepare and deliver to Contractor a Certificate of Substantial Completion which shall fix the date of Substantial Completion for the entire Work (or designated portion thereof) and include a tentative punch -list of items to be completed or corrected by Contractor before final payment. Owner shall have the right to exclude Contractor from the Work and Project site (or designated portion thereof) after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative punch -list. The Project Manager, shall coordinate with the Contractor the return of any surplus assets, including materials, supplies, and equipment. 20.2 Upon receipt of written certification by Contractor that the Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance, Project Manager and Design Professional will make such inspection and, if they find the Work acceptable and fully performed under the Contract Documents shall promptly approve 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. 64 Neither the final payment nor the retainage shall become due and payable until Contractor submits: (1) Receipt of Contractor's Final Application for Payment. (2) The Release and Affidavit in the form attached as Exhibit C. (3) Consent of surety to final payment. (4) Receipt of the final payment check list, (5) If required by Owner, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by Owner. 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 becorne due and payable. 21. WARRANTY. 21.1 Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any subcontractor or material men supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after Substantial Completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair, further, in the event of an emergency, Owner may commence to correct any defective Work, without prior notice to Contractor, at Contractor's expense. These warranties are in addition to those implied warranties to which Owner is entitled as a matter of law. 21,2 No later than 30 days prior to expiration of the warranty, the Project Manager, or another representative of the Owner, shall conduct an inspection of the warranted work to verify compliance with the requirements of the Agreement. The Contractor's Representative shall be present at the time of inspection and shall take remedial actions to correct any deficiencies noted in the inspection. Failure of the Contractor to correct the cited deficiencies shall be grounds for the Owner to disqualify the Contractor from future bid opportunities with the Owner, in addition to any other rights and remedies available to Owner. 22. TESTS AND INSPECTIONS. 22.1 Owner, Design Professional, their respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the Work, whether the Work is being performed on or off of the Project site, for their observation, inspection and testing, Contractor shall provide proper, safe conditions for such access. Contractor shall provide Project Manager with timely notice of readiness of the Work for all required inspections, tests or approvals. 65 22.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish Project Manager the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the project Manager, 22,3 Contractor is responsible, without reimbursement from Owner, for re -inspection fees and costs; to the extent such re -inspections are due to the fault or neglect of Contractor. 22.4 If any Work that is to be inspected, tested or approved is covered without written concurrence from the Project Manager, such work must, if requested by Project Manager, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Project Manager timely notice of Contractor's intention to cover the same and Project Manager has not acted with reasonable promptness to respond to such notice. If any Work is covered contrary to written directions from Project Manager, such Work must, if requested by Project Manager, be uncovered for Project Manager's observation and be replaced at Contractor's sole expense. 22.5 The Owner shall charge to Contractor and may deduct from any payments due Contractor all engineering and inspection expenses incurred by Owner in connection with any overtime work. Such overtime work consisting of any work during the construction period beyond the regular eight (B) hour day and for any work performed on Saturday, Sunday or holidays. 22.6 Neither observations nor other actions by the Project Manager or Design professional nor inspections, tests or approvals by others shall relieve Contractor from Contractors obligations to perform the Work in accordance with the Contract Documents. 23. DEFECTIVE WORK. 23.1 Work not conforming to the requirements of the Contract Documents or any warranties made or assigned by Contractor to Owner shall be deemed defective Work. If required by Project Manager, Contractor shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by project Manager, remove it from the site and replace it with non -defective Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold Owner harmless for same. 23.2 If the project Manager considers it necessary or advisable that covered Work be observed by Design Professional or inspected or tested by others and such Work is not otherwise required to be inspected or tested, Contractor, at Project Manager's request, shall uncover, expose or otherwise make available for observation, inspection or tests as Project Manager may require, that portion of the Worts 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 tasting 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. 66 23.3 If any portion of the Work is defective, or if Contractor fails to supply sufficient skilled workers, suitable materials or equipment or fails to finish or perform the Work in such a way that the completed Work will conform to the Contract documents, project Manager may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The right of Project Manager to stop the Work shall be exercised, if at all, solely for Owner's benefit and nothing herein shall be construed as obligating the Project Manager to exercise this right for the benefit of Design Engineer, Contractor, or any other person. 23.4 Should the Owner determine, at its sole opinion, it is in the Owner's best interest to accept defective Work, the Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to the Owner's evaluation of and determination to accept defective Work. If such determination is rendered prior to final payment, a Change Order shall be executed evidencing such acceptance of such defective Work, incorporating the necessary revisions in the Contract Documents and reflecting an appropriate decrease in the Contract Amount. If the Owner accepts such defective Work after final payment, Contractor shall promptly pay Owner an appropriate amount to adequately compensate Owner for its acceptance of the defective Work. 23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager, to correct defective Work or to remove and replace rejected defective Work as required by project Manager or Owner, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such deficiency. Provided, however, Owner shall not be required to give notice to Contractor in the event of an emergency. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from any or all of the Project site, take possession of all or any part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the project site and incorporate in the Work all materials and equipment stored at the project site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Design Professional and their respective representatives, agents, and employees such access to the Project site as may be necessary to enable Owner to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies shall be charged against Contractor, and a Change Order shall be issued, incorporating the necessary revisions to the Contract Documents, including an appropriate decrease to the Contract Amount. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights and remedies hereunder. 24. SUPERVISION AND SUPERINTENDENTS. 24.1 Contractor shall plan, organize, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. Contractor shall keep on the Work at all times during its progress a competent resident superintendent, who shall be subject to Owner's approval and not be replaced without prior written notice to Project Manager except under extraordinary circumstances. The superintendent shall be employed by the Contractor and be the Contractor's representative at the Project site and shall have authority to act on behalf of Contractor. All communications given to 87 the superintendent shall be as binding as if given to the Contractor, Owner shall have the right to direct Contractor to remove and replace its project superintendent, with or without cause. Attached to the Agreement as Exhibit N is a list identifying Contractor's Project Superintendent and all of Contractor's key personnel who are assigned to the Project; such identified personnel shall not be removed without Owner's prior written approval, and if so removed must be immediately replaced with a person acceptable to Owner, 24.2 Contractor shall have a competent superintendent on the project at all times whenever 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 5.6, for services not rendered. 25. PROTECTION OF WORK. 25.1 'Contractor shall immediately notify Project Manager and Design Professional. The Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. 26.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner or Design Professional is obligated to act to prevent threatened damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight (48) hours after Contractor knew or should have known of the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Project Manager determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. USE OF PREMISES. 27.9 Contractor shall maintain all construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 28. SAFETY. 28.1 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work, Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 68 28.1.1 All employees on or about the project site and other persons and/or organizations who may be affected thereby; 28.1.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 28.1.3 Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structures, utilities and any underground structures or improvements not designated for removal, relocation or replacement in the Contract Documents. 28.2 Contractor shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. Contractor shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground structures and improvements and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by Owner has occurred. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28.3. Contractor shall designate a responsible representative located on a full time basis at the Project site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 28.4 Alcohol, drugs and all illegal substances are strictly prohibited on any Owner property. All employees of Contractor, as well as those of all subcontractors and those of any other person or entity for whom Contractor is legally liable (collectively referred to herein as "Employees"), shall not possess or be under the influence of any such substances while on any Owner property. Further, Employees shall not bring on to any Owner property any gun, rifle or other firearm, or explosives of any kind. 28.5 Contractor acknowledges that the Work may be progressing on a Project site which is located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply with the following: 28.5.1 All Owner facilities are smoke free. Smoking is strictly prohibited; 28.5.2 All Employees shall be provided an identification badge by Contractor. Such identification badge must be prominently displayed on the outside of the Employees' clothing at all times. All Employees working at the Project site must log in and out with the Contractor each day; 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; 69 28.5.4 All Employees are prohibited from distributing any papers or other materials upon Owner's property, and are strictly prohibited from using any of Owner's telephones or other office equipment; 28.5.5 All Employees shall at all times comply with the OSHA regulations with respect to dress and conduct at the Project site. Further, all Employees shall comply with the dress, conduct and facility regulations issued by Owner's officials onsite, as said regulations may be changed from time to time; 28.5.6 All Employees shall enter and leave Owner's facilities only through the ingress and egress points identified in the site utilization plan approved by Owner or as otherwise designated, from time to time, by Owner in writing; 28.5.7 When requested, Contractor shall cooperate with any ongoing Owner investigation involving personal injury, economic loss or damage to Owner's facilities or personal property therein; 28.5.8 The Employees may not solicit, distribute or sell products while on Owner's property. Friends, family members or other visitors of the Employees are not permitted on Owner's property; and 28.5.9 At all times, Contractor shall adhere to Owner's safety and security regulations, and shall comply with all security requirements at Owner's facilities, as said regulations and requirements may be modified or changed by Owner from time to time. 29. PROJECT MEETINGS. Prior to the commencement of Work, the Contractor shall attend a pre -construction conference with the Project Manager, Design Professional and others as appropriate to discuss the Progress Schedule, procedures for handling shop drawings and other submittals, and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. During the prosecution of the Work, the Contractor shall attend any and all meetings convened by the Project Manager with respect to the Project, when directed to do so by Project Manager or Design Professional. The Contractor shall have its subcontractors and suppliers attend all such meetings (including the pre -construction conference) as may be directed by the Project Manager, 30. VENDOR PERFORMANCE EVALUATION. Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion/termination of this Agreement. 31. MAINTENANCE OF TRAFFIC POLICY. For all projects that are conducted within a Collier County Right -of -Way, the Contractor shall provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the Florida Department of Transportation's 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. 70 The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Roadway & Traffic Design Standards Indexes, or other related documents, so to become familiar with their requirements. Strict adherence to the requirements of the Maintenance of Traffic ("MOT") policy will be enforced under this Contract. All costs associated with the Maintenance of Traffic shall be included on the line item on the bid page. if MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of Award. 32. SALES TAX SAVINGS AND DIRECT PURCHASE. 32.1 Contractor small pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work:. No markup shall be applied to sales tax. Additionally, as directed by Owner and at no additional cost to Owner, Contractor shall comply with and fully implement the sales tax savings program with respect to the Work, as set forth in section 32.2 below: 32.2 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and may wish to generate sales tax savings for the project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work ("Direct Purchase"), Contractor shall prepare purchase orders to vendors selected by Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two weeks for execution of all such purchase orders by Owner. Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Adjustments to the Contract Amount will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase, plus the saved sales taxes. A Change Order shall be processed promptly after each Direct Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed upon between Owner and Contractor. With respect to all Direct Purchases by Owner, Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all Direct Purchases, Notwithstanding anything herein to the contrary, Contractor expressly acknowledges and agrees that all Direct Purchases shall be included within and covered by Contractor's warranty to Owner to the same extent as all other warranties provided by Contractor pursuant to the terms of the Contract Documents. In the event Owner makes a demand against Contractor with respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer or supplier of such Direct Purchase, upon request from Contractor Owner shall assign to Contractor any and all warranties and Contract rights Owner may have from any manufacturer or supplier of any such Direct Purchase by Owner. 32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax under Chapter 212, Florida Statutes, and for its responsibilities for Federal excise taxes. 33. SUBCONTRACTS. 33.1 Contractor shall review the design and shall determine how it desires to divide the sequence of construction activities. Contractor will determine the breakdown and composition of bid packages for award of subcontracts, based on the current Project Milestone Schedule, and shall supply a copy of that breakdown and composition to Owner and Design Professional for their review and approval prior to submitting its first Application for Payment. Contractor shall take into consideration such factors as natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time for completion, construction market conditions, availability of labor and materials, community relations and any other factors pertinent to saving time and costs. 71 33.2 A Subcontractor is any person or entity who is performing, furnishing, supplying or providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be solely responsible for and have control over the Subcontractors. Contractor shall negotiate all Change Orders, Work Directive Changes, Field Orders and Requests for Proposal, with all affected Subcontractors and shall review the costs of those proposals and advise Owner and Design Professional of their validity and reasonableness, acting in Owner's best interest, prior to requesting approval of any Change Order from Owner. All Subcontractors performing any portion of the Work on this Project must be "qualified" as defined in Collier County Ordinance 2013-69, meaning a person or entity that has the capability in all respects to perform fully the Agreement requirements with respect to its portion of the Work and has the integrity and reliability to assure good faith performance. 33,3 In addition to those Subcontractors identified in Contractor's bid that were approved by Owner, Contractor also shall identify any other Subcontractors, including their addresses, licensing information and phone numbers, it intends to utilize for the Project prior to entering Into any subcontract or purchase order and prior to the Subcontractor commencing any work on the Project. The list identifying each Subcontractor cannot be modified, changed, or amended without prior written approval from Owner. Any and all Subcontractor work to be self -performed by Contractor must be approved in writing by Owner in its sole discretion prior to commencement of such work. Contractor shall continuously update that Subcontractor list, so that it remains current and accurate throughout the entire performance of the Work. 33,4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if Owner reasonably objects to that Subcontractor, Contractor shall not be required to contract with anyone it reasonably objects to. Contractor shall keep on file a copy of the license for every Subcontractor and sub -subcontractor performing any portion of the Work, as well as maintain a log of all such licenses. All subcontracts and purchase orders between Contractor and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner by the terms of the Contract Documents, as those terms may apply to the portion of the Work to be performed by the Subcontractor, (2) provide for the assignment of the subcontract or purchase order from Contractor to Owner at the election of Owner upon termination of Contractor, (3) provide that Owner will be an additional indemnified party of the subcontract or purchase order, (4) provide that Owner, Collier County Government, will be an additional insured on all liability insurance policies required to be provided by the Subcontractor except workman's compensation and business automobile policies, (5) assign all warranties directly to Owner, and (6) identify Owner as an intended third -party beneficiary of the subcontract or purchase order. Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the Subcontractor will be bound. Each Subcontractor shall similarly make copies of such documents available to its sub -subcontractors. 33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on- site) supervision through a named superintendent for each trade (e.g., general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing) included in its subcontract or purchase order, In addition, the Subcontractor shall assign and name a qualified employee for scheduling direction for its portion of the Work. The supervisory employees of the Subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of experience for each employee identified by it to supervise and schedule its worts, 72 33.6 Unless otherwise expressly waived by Owner in writing, all subcontracts and purchase orders shall provide: 33.6.1 That the Subcontractor's exclusive remedy for delays in the performance of the subcontract or purchase order caused by events beyond its control, including delays claimed to be caused by Owner or Design Professional or attributable to Owner or Design Professional and including claims based on breach of contract or negligence, shall be an extension of its contract time. 33.6.2 In the event of a change in the work, the Subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes plus no more than 10% for overhead and profit. 33.6.3 The subcontract or purchase order, as applicable, shall require the Subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays and changes in the Work and thus eliminate any other remedies for claim for increase in the contract price, damages, losses or additional compensation. Further, Contractor shall require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub - subcontracts and purchase orders. 33.6.4 Each subcontract and purchase order shall require that any claims by Subcontractor for delay or additional cost must be submitted to Contractor within the time and in the manner in which Contractor must submit such claims to Owner, and that failure to comply with such conditions for giving notice and submitting claims shall result in the waiver of such claims. 34. CONSTRUCTION SERVICES. 34.1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all Project files and records, including, but not limited to, the following administrative records: 34.1.1 Subcontracts and Purchase Orders 34.1.2 Subcontractor Licenses 34.1.3 Shop Drawing Submittal/Approval Logs 34.1.4 Equipment Purchase/Delivery Logs 34.1.5 Contract Drawings and Specifications with Addenda 34.1.6 Warranties and Guarantees 34.1.7 Cost Accounting Records 34.1.8 Labor Costs 34.1.9 Material Costs 34.1.10 Equipment Costs 34.1.11 Cost Proposal Request 34.1.12 Payment Request Records 34.1.13 Meeting Minutes 34.1.14 Cost -Estimates 34.1.15 Bulletin Quotations 34.1.16 Lab Test Reports 34.1.17 Insurance Certificates and Bonds 34.1.18 Contract Changes 34.1.19 Permits 34.1.20 Material Purchase Delivery Logs 34.1.21 Technical Standards 34.1.22 Design Handbooks 34.1.23 "As -Built" Marked Prints 73 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. 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-FMOPSCa)-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. 74 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, 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. ABOVEGROUNDIUNDERGROUND TANKS. 35.1 The contractor shall ensure compliance with all NFPA regulations: specifically 114 & 30130A; FDLP chapter fit regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida Statutes; and STI, UL, PEI, ASME, NAGE, 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 I 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 1 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 small be attended by representatives of Contractor 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 75 representatives of Contractor with full decision-making authority and by Owner's staff person or designee 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, 76 EXHIBIT I: SUPPLEMENTAL TERMS AND CONDITIONS Supporting documents found at: https://www.bidsync.com/bidsync-cas/. and follwoing this page. and titled: N/A 77 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL EMERGENCY MANAGEMENT AGENCY 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. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts ( e.g. subcontract or sub -agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower -tier subcontractor or service provider. FCP- I EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS 1. Administrative, Contractual, or Legal Remedies - Unless otherwise provided I n this contract, all claims, counter -claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or In a Florida court of competent jurisdiction. 2. Compliance with Federal Law, Regulations, and Executive Orders - The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 3. Record Retention — A. The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. B. 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 a. 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, b. 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." 6. DHS Seal, Logo, and Flags - "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DMS agency officials without specific FEMA pre- approval." 7. No Obligation by Federal Government - The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 8. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor acknowledges that 31 U.S.C. Chap. 36 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 9. E=nergy 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. 10. Recovered Materials -- (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance FGP-2 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS schedule; (ii) Meeting contract performance requirements; or (Hi) At a reasonable price, (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https //www.epa.ciov/smm/comprehensive-procurement-guideline-epg-program 11. Diversity -• All contracting and subcontracting opportunities afforded by this solicitatlonlcontract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the Stale of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, Including those who qualify as a Minority Business vendor. A list of minority and women owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915 - More information is also available at this State of Florida website: htJE'.lwww dms,myfloride,com/apency administration/office ofTsupplier �diversity osd 12. 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 otherpartyis given: (a) Not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (b) An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in I (a) above. if terminat{ort 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 intentto 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. 13. 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. 14. 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.17 R, pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C F C P-3 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS 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 www.satin.gov 15. 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 certificatlon shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure. 16. Clean Air Act and Federal Water Pollution Control Act - (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 stndards, 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 $104,000 financed in whole or in part with Federal assistance provided by FEMA. 17. Copeland Anti -Kickback Act i, Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference into this contract, ii, Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. 18, 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. FCP4 E=XHIBIT 1-01 FEDERAL CONTRACT PROVISIONS (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 Gable 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 suoh 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 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 (1) 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." 19. Equal Opportunity - In accordance with 41 CFR §60-1.4(b), the County hereby agrees that it will incorporate or cause to be incorporated Into any contract for construction work, or modification thereof, "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, "(4) The contractor will comply with all provisions of Executive Order No. 11245 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of tabor. PCP -5 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS "(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 20. Small and Minority Businesses, Women's Business Enterprises and Labor Area Surplus Firms Reauirements A. The Prime Contractor must take all necessary, affirmative steps to assure that small and minority businesses, women's business enterprises, and labor area surplus firms are used when possible. 2 C.F.R. § 200.321(a). At minimum, the following six affirmative steps must include: i. Solicitation Lists. The Contractor must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200,321(b)(1). ii. Solicitations. The Contractor must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). iii. Dividing Requirements. The Contractor must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). iv. Delivery Schedules. The Contractor must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). v. Obtaining Assistance. The Contractor must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). vi. Prime Contractor Requirements. The prime contractor, if subcontracts are anticipated or let, must take the five affirmative steps described in % B(i.) through B(v.) above. 2 C.F.R. § 200.321(b)(6). FCP-6 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS Additional Guidance B. Meaning of Terms, The Uniform Rules do not define the terms small business, minority business, women's business enterprises, and labor area surplus firms. FEMA will use the following meaning of the terms when evaluating compliance with the requirements of the Uniform Rules. If state, local, or tribal law and procedures provide different meanings of small business, women's business enterprise, and minority business, then FEMA may accept those meanings. (1) Small Business. An independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Section 288.703, Fla. Stat. (2) Women's Business Enterprise, A business enterprise that is: (a) at least 51 percent owned by one or more women or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women; and (b) whose management and daily operations are controlled by one or more women. (3) Minority Business. Any small business concern which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51 -percent -owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit. Section 288,703, Fla. Stat. More Information about Women and Minority Business E=nterprises is available on this State of Florida website: htt :/1www.dm orida.com/gy of suniplig diversity osd (4) Labor Area Surplus Firm. A labor surplus area firm is one that, together with its first tier subcontractors, will perform substantially in labor surplus areas. The Qepartment of Labor's Employment and Training Administration has defined labor surplus areas (LSA) as localities that have a "civilian average annual unemployment rate during the previous two calendar years of 20 percent or more above the average annual civil unemployment rate for all states" during that same period. 20 C.F.R. % 654.4-654,5. More information about LSAs is available at 20 C.F.R. pt. 654, subchapter A as well as on this website: htt 4://www,doleta. ovl ra rams/laborsur lus02.cfm. The Department of Labor has also issued a list for FY 2016 of all the LSAs: htti)s:fiwww.doleta.gov/orograms/Isa.-cfm, 21. STATE PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, otherwise subjected to discrimination. Discriminatory Vendor LislPublic Entity Crime: Those who have 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, FC1'-7 EXHIBIT 1-01 FEDERAL CONTRACT PROVISIONS subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials; No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof. For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 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 shalt also disclose the name of any State employee who owns, directly or indlrectiy, more than a five percent (5%) interest in the Contractor's company or its affiliates. Scrutinized Companies — Pursuant Section 215.473, F -S_ the Local Sponsor subcontractor certifies that it is not listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and/or Scrutinized Companies with Activities In Israel List (eff. 10.1.2016). Created Pursuant to Subsection 287.135(6), F.S., the subcontractor agrees the County may immediately terminate this Agreement for cause subcontractor is found to have submitted a false certification or if the subcontractor is placed on the Scrutinized Companies list during the term of the Agreement, FCP-8 EXHIBIT J. TECHNICAL SPECIFICATIONS Supporting documents found at: https://www.bidsyne.com/bidsync-cas/, and titled: 18-7283 Collier Creek Emergency Dredging 78 EXHIBIT K: PERMITS Supporting documents found at: https://www.bidsync.com/bidsync-cas/. and titled: N/A 79 EXHIBIT L: STANDARD DETAILS Supporting documents found at: https://www,bidsync.comlbidsyno-cas/. and titled: NIA so EXHIBIT M: PLANS AND SPECIFICATIONS Supporting documents found at: https://www.bidsync.com/bidsync-cas/. and titled: N/A 81 EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT Name Personnel Category Lewis Statham Construction Superintendent Bryant Smith Project Manager 82 Kristofer Lopez, Procurement Strategist Gary McAlpin, Project Manager Bid Tabulation 18-7283 Sent: 11073 Downloaded: 89 Bids Submitted: 5 Measurement Method Quantities Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Lump sum 1 150,000.00$ 150,000.00$ 215,138.00$ 215,138.00$ 142,531.00$ 142,531.00$ Non-Responsive Non-Responsive CY 14,000 27.27$ 381,780.00$ 57.30$ 802,200.00$ 69.00$ 966,000.00$ Tons 1,000 10.00$ 10,000.00$ 35.00$ 35,000.00$ 78.00$ 78,000.00$ Tons 230 10.00$ 2,300.00$ 50.00$ 11,500.00$ 128.00$ 29,440.00$ Days 90 111.12$ 10,000.80$ 505.00$ 45,450.00$ 146.00$ 13,140.00$ Lump sum 1 14,988.20$ 14,988.20$ 30,000.00$ 30,000.00$ 22,618.00$ 22,618.00$ 569,069.00$ 1,139,288.00$ 1,251,729.00$ 873,600.00$ 1,700,000.00$ Bidders Checklist y y y y y Material Manufacturers y y y y y List of Major Subcontractors y y y y y Statement of Experience of Bidder y y y y y Trench Safety Act y y y y y Immigrations Law Affidavit Certification y y y y y E-Verify y y y y y Substitiute W-9 y y y y y Bid Bond y y y y y Insurance Requirements y N y y y Grant Documents y y y N y Opended by: Kristofer Lopez, Procurement Strategist Witnessed by: Viviana Giariamoustas Collier Creek Emergency Dredging Bid Tabulation 1. Mobilization and Demobilization 2a. Dredging & Disposal 2. Material Excavation and Disposal 2c. Armor Stone Retrieval & Stockpiling Brance Diversified, Inc Gator DredgingKelly Brothers, IncEarthTech Arbor Tree & Land, Inc. Total Price 4. During- and Post-Construction Surveys 3. Turbidity Monitoring 2b. Debris Removal & Disposal Activity APTIM January 12, 2018 Gary McAlpin, Manager Collier County Coastal Zone Management 2685 S. Horseshoe Drive, Suite 103 Naples, FL 34104 APTIM 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 stephen.keehn@aptim.com Re: Collier Creek Emergency Dredging Bid No. 18-7283 — Selection Recommendation Dear Gary: This is to recommend selection of the low bidder, Brance Diversified, Inc., by the County for emergency dredging of Collier Creek. This Contractor has the lowest bid of $569,069.00. This recommendation is based on the assumption that Brance Diversified, Inc. understands and has appropriately considered the nature of the project within the waters of the Gulf of Mexico and Marco River, and performs as intended, meeting all of the requirements of the specifications of the project. The bid price for the entire project is much lower than either the engineer's probable cost estimate or the bids submitted by all other bidders. I interviewed Danielle May, President of Brance Diversified, Inc., on January 11, 2018 with Coastal Zone Management staff and determined this firm was knowledgeable of the project requirements and challenges. Based on my review of Brance Diversified, Inc.'s schedule, equipment, experience and proposed excavation and disposal method included in their bid package and described by their representative during our interview, I find their bid to be responsive. APTIM also contacted six of Brance Diversified, Inc.'s project references described on page 12 in their bid package, and they all had positive comments on Brance's performance and capacities. The recommendation for the selection of Brance Diversified, Inc. is predicated upon County approval of the appropriate certificate of insurance documents with all required endorsements and stipulations, performance and payment bonds and any documents and/or endorsements required by the County. If you should have any questions, please call me. Sincerely, Ste n Keehn, P.E. Senior Coastal Engineer Aptim Environmental & Infrastructure, Inc. cc: Tara Brenner, P.G., P.E., APTIM Date: January 11, 2018 ColL7er County Administrative Services Department Procurement Services Division Notice of Recommended Award Solicitation : 18-7283 Title: Collier Creek Emergency Dredging Due Date and Time: 1/05/2018 @ 3:00 PM Respondents: Company Name City County State Bid Amount Responsive/Responsible Brance Diversified, Inc. Jacksonville Duvall FL $569,069.00 Y/Y EarthTech Enterprises, Inc Fort Myers Lee FL $1,139,288.00 Y/Y Kelly Brothers, Inc. Naples Collier FL $1,251,729.00 Y/Y Gator Dredging Clearwater Pinellas FL $873,600.00 Non Responsive Arbor Tree & Land, Inc. Lake Worth Palm Beach FL $1,700,00.00 Non Responsive Utilized Local Vendor Preference: Yes No Recommended Vendor(s) For Award: Single Award made to the following: Brance Diversified, Inc. On December 14, 2017, the Procurement Services Department released Invitation to Bid 18-7283 to 11073 vendors for the Collier Creek Emergency. Eighty nine (89) bid packages were downloaded, and five (5) bids were received on January 5, 2018. Project Required Signatures Procurement strategist;,,/ Date: Procurement Services Director: Edward F. Coyman Jr. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easement Modification as required to add the permit for Doctor’s Pass and Moorings Bay. OBJECTIVE: To move forward with the execution of the Sovereignty Submerged Lands Easement Modification to add the permit for Doctor’s Pass and Moorings Bay. CONSIDERATIONS: The attached Sovereignty Submerged Lands Easement is required by Florida Department of Environmental Protection to add a permit for Doctor’s Pass and Moorings Bay lying in section 28, township 49 south, range 25 east, Collier County, Florida. The attached submerged land easement is required for the Doctors Pass dredging permit with an effective permit date from November 28, 2017 through October 2, 2030. FISCAL IMPACT: There is no fiscal impact associated with this request. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this request. LEGAL CONSIDERATIONS: RECOMMENDATION: To approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easement Modification as required to add the permit for Doctor’s Pass and Moorings Bay. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachment: 1) Easement CAC February 16, 2018 VIII-3 New Business 1 of 1 This Instrument Prepared By: Tiana D. Brown Action No. 37124 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA _______________________________________ SOVEREIGNTY SUBMERGED LANDS EASEMENT MODIFICATION TO ADD PERMIT EASEMENT NO. 41851 BOT FILE NO. 110239145 PA NO. 0331817-004-JM THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Collier County, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: A parcel of sovereignty submerged land in Section 28 , Township 49 South, Range 25 East, in Doctor’s Pass and Moorings Bay, Collier County, Florida, as is more particularly described and shown on Attachment A, dated October 31, 2014. TO HAVE THE USE OF the hereinabove described premises from November 28, 2017, the effective date of this modified easement, through October 2, 2030, the expiration date of this modified easement. The terms and conditions on and for which this modified easement is granted are as follows: 1.USE OF PROPERTY: The above described parcel of land shall be used solely for Doctor’s Pass Dredging Complex and nourishment and Grantee shall not engage in any activity related to this use except as described in the State of Florida Department of Environmental Protection Consolidated Joint Coastal Permit No. 0331817-001-JC, dated October 2, 2015, and Major Permit Modification No. 0331817-004-JM, dated November 20, 2017, incorporated herein and made a part of this easement by reference. All of the foregoing subject to th e remaining conditions of this easement. 2.EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. [ 40 ] 3.WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4.RIGHTS GRANTED: The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 5.DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6.GRANTOR’S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the prope rty to third parties during the term of this easement. 7.RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 8.LIABILITY/INVESTIGATION OF ALL CLAIMS: The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 9.ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent and which consent shall not be unreasonably withheld. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. 10.TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee, its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set forth or in the event the Grantee violates an y of the provisions and conditions herein, this easement may be terminated by the Grantor upon 30 days written notice to the Grantee. If terminated, all of the above-described parcel of land shall revert to the Grantor. Any costs or expenses incurred by the Grantor in removing the Grantee or its property from the easement area shall be paid by the Grantee. All notices required to be given to the Grantee by this easement or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Collier County, Florida 2800 N Horseshoe Drive Naples, Florida 34104 The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the change is effective. 11.TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject pr operty during the effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder. Page 2 of 10 Pages Easement No. 41851 12.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited structur es and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in paragraph 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to all other remedies available to Grantor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 13.ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Grantor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Grantor to enforce the same upon an y renewal thereof or in the event of subsequent breach or breaches. 14.AMENDMENT/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted, acknowledged and executed by the Grantee and Grantor. 15.USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Grantee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 16.ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS: No additional structures shall be erected and/or activities undertaken, including but not limited to, dredging, r elocation/realignment or major repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written consent from the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall su bject the Grantee to administrative fines under Chapter 18-14, Florida Administrative Code. If emergency repairs are required to be undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as is practicable; provided, however, that such emergency activities shall not exceed the activities authorized by this easement. 17.UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have satisfactory evidence of sufficient upland interest as defined in subsection 18-21.003(60), Florida Administrative Code, to the extent required by paragraph 18-21.004(3)(b), Florida Administrative Code, in order to conduct the activity described in this easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty, submer ged lands described in this easement shall immediately cease and this easement shall terminate and title to this easement shall revert to and vest in the Grantor immediately and automatically. Page 3 of 10 Pages Easement No. 41851 IN WITNESS WHEREOF, the Grantor and the Grantee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Print/Type Name of Witness Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Original Signature Board of Trustees of the Internal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 20 , by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED AS SUBJECT TO PROPER EXECUTION: Notary Public, State of Florida DEP Attorney Date Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 4 of 10 Pages Easement No. 41851 1/10/2018 WITNESSES: Collier County, Florida (SEAL) By its Board of County Commissioners BY: Original Signature Original Signature of Executing Authority Penny Taylor Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairman Original Signature Title of Executing Authority Typed/Printed Name of Witness “GRANTEE” STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by Penny Taylor as Chairman, for and on behalf of Board of County Commissioners of Collier County, Florida. She is personally known to me or who has produced , as identification. My Commission Expires: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 5 of 10 Pages Easement No. 41851 Attachment A Page 6 of 10 Pages Easement No. 41851 Attachment A Page 7 of 10 Pages Easement No. 41851 Attachment A Page 8 of 10 Pages Easement No. 41851 Attachment A Page 9 of 10 Pages Easement No. 41851 Attachment A Page 10 of 10 Pages Easement No. 41851 COLLIER COUNTY RESILIENCY DISCUSSION - MEETING SUMMARY Date: January 16, 2018 Time: 11:00 AM (webinar) Participants: Gary McAlpin and Clint Perryman - Collier County Coastal Zone Management Laine Edwards, Bob Brantley, Greg Garis, and Ivana Kenny - FDEP Steve Keehn, Tara Brenner, Lauren Floyd and Dave Swigler – APTIM Beach Nourishment Project Areas: Vanderbilt (R-22 to R-30) Park Shore & Clam Pass Park (R-42 to R-54) Naples (R-58A to R-79) The webinar followed the PowerPoint presentation prepared by APTIM, which was provided in PDF format to Collier County and FDEP staff. The presentation covered the following topics and concluded with a discussion with FDEP attendees to answer questions and to receive guidance on moving forward with permitting to improve the coastal resiliency of the County projects. I. Introduction II.Project History III.Physical and Biological Monitoring IV.Resiliency Phase 1 V. Conclusions VI.FDEP Guidance The goal of the presentation and meeting was to solicit guidance from FDEP and to determine if FDEP believed an expanded resiliency project was permittable and, if so, identify supporting information and analyses FDEP would require as part of the permit application. Following an introduction and summary of Collier County’s coastal program history for the projects, results of physical and biological monitoring data were presented. The data indicate that the County’s projects are performing better than anticipated with respect to sand equilibration (offshore spreading) as sand has generally not extended offshore to the permitted equilibrium toe of fill (ETOF). This was the basis of the County’s decision to hire APTIM to conduct a Phase 1 analysis to assess the feasibility of constructing a wider beach and a higher more contiguous dune system while avoiding impacts to hardbottom resources. The presentation included a summary of the “Feasibility Analysis of Building Collier County’s Coastal Resiliency” memorandum (APTIM, January 2018), which showed that an expanded resiliency project (widening of the beach and raising the dune elevation) is generally feasible throughout the project areas. A majority of the profiles within the project areas can be widened to the County’s desired additional 50 feet. However, select locations cannot be expanded the full 50 feet as they are constrained due to the proximity of nearshore hardbottom. The project can be refined during final design to determine the maximum beach width that can be achieved in the areas constrained by nearshore hardbottom while avoiding hardbottom impacts. Based on the feasibility design with existing (2017) beach conditions, the estimated volume to construct the expanded resiliency project, which includes a wider beach and higher more contiguous dunes, is approximately 1.1 M cubic yards (cy). Following the presentation, the meeting opened up to questions from and discussion with FDEP staff. The topics discussed are summarized below. Benefit of Expanded Resiliency Project FDEP described the need for the County to establish and to present the benefits for an expanded project. These benefits, not necessarily monetary, should substantiate the need for the project. It was suggested the County evaluate the performance of the proposed project during statistical return period storms and during recent storms that have impacted the County (i.e. Gabriella, Katrina or Wilma). The analysis may also consider whether the proposed project reduces overtopping of the dunes. The effects of the proposed project on combating sea level rise and resisting flooding can also be considered in the benefit analysis. Flooding across the frontal dunes due to storm events are a concern to FDEP, thus the FEMA flood maps may also be a way to substantiate the need and benefit of the proposed project. The S-Beach model was identified as means to assess benefits, but FDEP would consider other coastal models. FDEP confirmed that numerical modeling for the proposed project was not necessary given the wealth of physical and biological monitoring data sets available within the project areas. FDEP explained that they are responsible for ensuring that hardbottom impacts are minimized/avoided to the maximum extent practicable, and that any potential impacts of the proposed project would be justified by the overall project benefits. Alongshore Spreading of Placed Beach Fill Since reaches of the project areas are constrained by nearshore hardbottom, the constructed beach width of proposed project may vary alongshore. FDEP expressed concerns that variable beach width may induce hardbottom coverage or impacts through lateral spreading of the placed beach fill. APTIM explained that a similar concern was addressed during permitting of the 2013/14 project and that an engineering report (CPE, 2011) was developed documenting modeling performed. This previous concern from FDEP was included as part of a permit modification request and an RAI response. The modeling indicated that lateral spreading of the beach fill was limited. If there is an offset in the beach fill widths, the same type of analysis can be used to assess potential for coverage. Method of Approximating the Equilibrium Toe of Fill FDEP asked about the methodology utilized to approximate the equilibrium toe of fill (ETOF) for the proposed project. APTIM explained that an average profile translation method was utilized for the analysis presented at the meeting. The analysis of the proposed project suggested that 70% of the profiles in the project areas would either not impact hardbottom or that the profiles were not constrained by hardbottom. At the remaining profiles, the analysis indicated the methodology was not in agreement with monitoring data, which was attributed to the proximity of nearshore hardbottom. A refined methodology that better agrees with monitoring data assessed can be applied to these profiles during continued project design. FDEP requested sufficient discussion in the final design and permit application to provide reasonable assurance to FDEP that hardbottom impacts would be avoided/minimized with the proposed project. FDEP requested that the County consider the various available data sets collected as part of the monitoring of previous projects when developing the final design method for the proposed project. Hardbottom Biological Monitoring and Mitigation FDEP stated that if the beach width is increased and the placed fill is anticipated to equilibrate and spread closer to nearshore hardbottom, then revisions to the biological monitoring plan and the mitigation plan may be required by FDEP. If the County proposes a revised ETOF then an additional impact analysis (UMAM) could be required to assess any additional hardbottom impacts and potential mitigation. The County asked about applying credit for the existing mitigation reef that was constructed by the County as part of the 2006 project, since monitoring data have shown that previous projects have not impacted hardbottom within the ETOF. FDEP clarified their position that the previous mitigation provided by the County’s artificial reef accounted for hardbottom located within the current ETOF, and that as long as the ETOF remains as previously permitted then the previous mitigation applies and the County is permitted to impact hardbottom within the previous permitted ETOF. If the ETOF is revised to extend over more hardbottom, then additional mitigation may be required. FDEP also said that a larger nourishment project could result in an expanded hardbottom monitoring protocol that could, for instance, include longer monitoring transects. The County acknowledged they understand that this could be required. Summary The questions and guidance from FDEP regarding the proposed project were similar to what the County experienced leading up to the 2006 and 2013/14 projects, but the greater volume of material required for the expanded resiliency project would require additional justification for a wider beach and higher dune system. FDEP determined that the proposed project was likely permittable, as long as the County provided the information and analyses discussed during this meeting. If the proposed project did include hardbottom impacts, then the project benefits versus potential impacts would need to be evaluated to support permitting and to determine mitigation and/or biological monitoring requirements for the proposed project.