The URL can be used to link to this page

Agenda 03/26/2013 Item #16A10QQ 3/26/2013 16.A.10. EXECUTIVE SUMMARY Recommendation to approve award of invitation To Bid ITB No. 12 -5936R Beach Maintenance Activities to Eastman Aggregate Enterprises, LLC for an as- needed contract for emergency beach maintenance services, authorize the Chairman to sign the County Attorney's approved contract, and make a finding that this activity promotes Tourism. OBJECTIVE: To award a contract to Eastman Aggregate Enterprises, LLC for as- needed beach maintenance activities. CONSIDERATIONS: The majority of beach maintenance related activities that Eastman Aggregate will be providing on an annual as- needed basis will be required beach tilling per DEP permit conditions, beach grading in excess of Collier County capability, significant fish kill removals, significant escarpment removals, and equipment removal in emergency situations. This contract is intended to augment the routine beach maintenance activities performed by Collier County staff. All work to be performed will be monitored and managed by County staff. The average annual cost for the past five (5) years for these as- needed beach activities has been less than $25,000 per year. However, the county has a planned laser grading of the north end of the Marco Island beaches anticipated to cost approximately $85,000 expected under this contract. The adjusted amount would also cover emergency situations like a significant fish kill, seaweed clean up and storm events as needed. The ITB was advertised on November 7, 2012 with an amount not to exceed $200,000 per year. There were 322 email announcements of the ITB that were sent to prospective bidders, 40 firms downloaded the bid package and only one company (Eastman Aggregate) responded to the bid. The purchasing department conducted a spot survey of several contractors that downloaded the bid package but did not bid. Of the five (5) contractors surveyed, four (4) indicated that they did not perform this type of work and one missed the bid date by a day. Additionally, to better gauge the competiveness of the Eastman Aggregate proposal, staff compared the late proposal pricing to Eastman Aggregate and determined that the late proposal was twenty seven (27) percent higher. After review of the Eastman Aggregate Enterprises response, staff is recommending award of the contract to that firm. Eastman Aggregate Enterprises, LLC, has been operating for more than two decades performing multiple earthwork services such as beach restoration projects, beach re- nourishment projects, erosion control projects, dune restoration projects, and wetland restoration. FISCAL IMPACT: Each year annual funds are included in TDC Category "A" budgeted for beach maintenance related activities. Funding is available in Fund 195 Project 90533. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. Packet Page -502- 3/26/2013 16.A.10. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, 1'1 requires majority vote, and is legally sufficient for Board action. — CMG RECONIlAENDATION: 1. To approve award of a contract for ITB No. 12 -5936R Beach Maintenance Activities to Eastman Aggregate Enterprises, LLC on an as-needed basis for beach maintenance services, 2. Make a finding that this activity promotes Tourism, and 3. Authorize the Chairwoman to sign the County Attorney approved contract. Prepared By: J. Gary McAlpin, P.E., Coastal Zone Management, Natural Resources Department Attachments: A) Bid Tabulation; B) Contract 12 -5936R i''1 Packet Page -503- 3/26/2013 16.A.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.10. Item Summary: Recommendation to approve award of invitation To Bid ITB No. 12 -5936R Beach Maintenance Activities to Eastman Aggregate Enterprises, LLC for an as- needed contract for emergency beach maintenance services, authorize the Chairman to sign the County Attorney's approved contract, and make a finding that this activity promotes Tourism. Meeting Date: 3/26/2013 Prepared By Name: HambrightGail Title: Accountant,Coastal Zone Management 3/6/2013 9:53:44 AM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 3/6/2013 12:47:46 PM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/7/2013 2:21:16 PM Name: LaPierreBarbara Title: Management/Budget Analyst,Transportation Administr Date: 3/8/2013 1:55:45 PM Name: KearnsAllison Date: 3/8/2013 4:33:56 PM Name: McAlpinGary Title: Director - Coastal Management Programs,Coastal Zon Date: 3/11/2013 4:29:23 PM Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services Date: 3/13/2013 10:26:04 AM Packet Page -504- Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 3/13/2013 1:22:39 PM Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 3/13/2013 1:23:38 PM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 3/13/2013 2:00:40 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/18/2013 8:57:33 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/18/2013 10:12:49 AM Name: KlatzkowJeff Title: County Attorney Date: 3/18/2013 1:45:27 PM Name: OchsLeo Title: County Manager Date: 3/18/2013 4:08:10 PM Packet Page -505- 3/26/2013 16.A.10. 0, O M m -a -o a� Cu > o v E u 3 'A 'Z-, p 'g Z p m H a Z N .Cu U Q a) U c R C a) C /-lk f�6 aJ m D! l0 M m N r-I m 3/26/2013 16.A.10. `^ 0 0 0 0 0 0 O N J CL 0 0 0 0 0 0 O C aJ O N Clq N L Z Z O C �^-1 V� V� "i t4 er-I V} l00 N V) W ,N a1 to U 0D J W 0 0 0 0 0 0 v -+ to 0 0 0 0 0 0 w Q ►n O Ln O C O C } V* r-4 t' V)- Co `-4 y d f0 J V? V) V) Q C C L Y � A O W = W c c O O O O O O O N 'O 2 'C 2 0 0 M O0 W 00 00 Ln = W O C 'D O C -a Cu cc J F- 0 0 0 0 0 0 Z E" Z E v �. Q Q N N N N N N 0= 3 O pc of O vl of O In O Z F- >- L eCC >- _ 'O Q W (U m W u m '� Co to 41 of O a m (U V4 V). Z V> t/? V) V) V? U c`a U . O 10 G W v Q N N p O CC W C a1 i a) CL G I x 1 tA 4A d' aJ C 7 W sue`!, O L Cu Z V N Z W U LU Wa A ++++ C fO O z U -a W aJ t:) W W L C. E C O z a) O Cr N m t`E C O m to = N Y U W Fn I_ p E m 0 C W LL U a o m p v a p Co LLI M 0 m u O ui o O � a) Co C7 C Cu C' t0 V I C = N Q 0 "a aJ O Q H UO 00 Y U fa O Z .� O N IC z y CA Ln O O p m ) a U N H N E ' > i " 0i ai O 41 W —t 0 v — -he LA -0 -o N O O O O O O `m � v CY Z m m m C C ~ a m Co 2.0-1 1 I S I w W U m m O JU JL 0 c-I I N M -tj L, I to I I I I I r-I N M cY I " 1.0 1 " 1 00 Packet Page -506- Ch mra O CO rn -C -O G1 Cl > � •N N O C N � � p d ZQ CG N C U O Z Vf (v Y r,s Q C. v U ;n C (U C Y N aC+ Q _ r- >, J ` Z +� '> Z C CC L U 01 E CL Z C O O O L C li o •i= C1 m N C U N C N U M Q C Y O Y -O r- C d w o C o c a w o 3 U C- p U m v C L +`+ w N `6 ` C -_ .= C ° E rn N w E U Cr m o f Y U N t h0 J C J W oo to Q E Z Z Z Y N O w Z 0 0 0 0 0 0 0 O O O O O O O (n W 0 0 0 0 0 0 0 O 0 0 0 0 0 0 ( n O O O O u1 O O O 0 0 0 0 00 I, O tC1 O O Il 00 n T-i -* r-I M LLJ J F- Z Z w a a c A^ v► in in v1. in. <n Z in Z in in <n <n Z -n in H W C Q Q W a. LU u a c Q w O Y Z Z m Z w +r G � Y N C a; cYN.1 Y O to U W i 7 -l3 R ! C W CO m LL N }' C i1 m cU Q E C. E >- 0 >- 0 O Y L O C O OC `m Z o o 3 3 Co 3 C 0 ai a C Q O -a -o °° 3 °° r (U Cu a Lp P fC fC C C CC O > r is .N U i +aj U N LU O O H 0 L C N c > uN -0 Cu = pp C Co 0 0 m Q o a I 6- F- O r-I N M V) W N 00 C11 O �-•� N M� N C11 ri r-I r•d r-4 ri r-I r-I "i ri ri N N N N N N Packet Page -507- 3/26/2013 16.A.10. >- >- >- Z >- >- >- >- >- Y r,s Q v U ;n C (U C Y N _ r- >, J ` -- iv +� '> C CC L U 01 E CL O O O L C li o •i= C1 m N C U N C N U M Q C Y O Y -O r- C d C- o C o c a w o 3 U C- p U m v C L +`+ N `6 ` C -_ .= C ° E rn N w E U Cr m o f N m O M M 'O -o Cu aU > o v a) C Cr. {�j 3 N +� O 10 0 p Co N Cu U O Z N (1 > Y U Q u U C f6 C Cu a.+ C I-IR, J m a) Co lD M Ol N xt m H �J N CL L Q °' c O w a� m U Op J Cu J 6. CLO CLO W Q d' C f0 } E � N W O Z uj Co n Op W a CCs M C Z Z Q W _W H i > O G a a Cr. W u a Z Q O Z W � Z Z CWC G a a Cr U W W Q W OD � J M Z Q1 L O N T-4 Ly U 00 � 2 a N h0 N C_ N C f0 E °' U cv -0 C CU C O Co t A -a -p N 0) N C N CL `= O Packet Page -508- 3/26/2013 16.A.10. 3/26/2013 16.A.10. A G R E E M E N T 12-593SR for Beach Maintenance Activities THIS AGREEMENT is made and entered into this day of , 2013, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County" or "Owner") and Eastman Aggregate Enterprises, LLC, authorized to do business in the State of Florida, whose business address is 3705 Bellevue Avenue, Lake Worth, FL 33461 (hereinafter referred to as the "Contractor'). WITNESSETH: 1. COMMENCEMENT: The contract shall be for a One (1) year period, commencing on March 26, 2013 and terminating March 25, 2014, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed. This contract shall have three (3) additional one (1) year renewals, renewable annually. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK: The Board of County Commissioners deemed one (1) firm to be qualified and awarded a Contract to that firm. The awardee will enter into an Agreement to provide complete services for beach maintenance activities on an as- needed basis as may be required by the Owner in accordance with the terms and conditions of ITB #12 -5936R and the Contractor's proposal, which is incorporated by reference and made an integral part of this Agreement. The execution of this Agreement shall not be a commitment to the Contractor that any work will be awarded to the Contractor. Rather, this Agreement governs the rights and obligations of all Work undertaken by Contractor for Owner pursuant to this Agreement and that procedure during the term and any extension of the term of this Agreement. The County reserves the right to bid any job with an estimated cost of $25,000 or more. No single job may exceed $200,000 without Board approval. Work will be assigned by purchase order. 3. NEW WORK/ESTIMATES: The Contractor shall provide written estimates on all projects except on emergencies. This estimate shall include the estimated number of hours, number and types of equipment required, and number of working days required for project completion. This information is necessary for use in preparing the purchase order to provide authorization for each project. 4. THE CONTRACT SUM: The Owner shall pay the Contractor for the performance of the Work pursuant to the prices offered by the Contractor in his ITB response referred to herein and made an integral part of this Agreement. Any County agency may utilize the services offered under this contract, provided sufficient funds are included in its budget(s). S. NOTICES: All notices required or made pursuant to this Agreement to be given by the County to the Contractor shall be made in writing and shall be delivered by hand, by fax, e-mail, or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to ---� the following Contractor's address of record: Page -1- Packet Page -509- �'� 3/26/2013 16.A.10. Eastman Aggregate Enterprises, LLC 3705 Bellevue Avenue, Lake Worth, FL 33461 Telephone: (561) 969 -7147 Facsimile: (561) 434 -3477 Attention: Bernard Eastman, Managing Member All notices required or made pursuant to this Agreement to be given by the Contractor to the County shall be in writing and shall be delivered by hand, by fax, e-mail, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following County's address of record: Collier County Government Complex Purchasing Department 3327 East Tamiami Trail Naples, Florida 34112 Attention: Joanne Markiewicz Purchasing /General Services Director Phone: 239 - 252 -8975 Fax: 239- 252 -6584 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES: In compliance with Section 218.80, Florida Statutes, all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. Contractor is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. Owner may require the Contractor to deliver internal budget transfer documents to applicable Collier county agencies when the Contractor is acquiring permits. All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the Contractor. 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. 8. NO IMPROPER USE: The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty -four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page -2- Packet Page -510- lcr ) 3/26/2013 16.A.10. 9. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE: The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate, for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non -Owned Vehicles and Employee Non - Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County Board of County Commissioners shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not r be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, Page -3- Packet Page -511- 3/26/2013 16.A.10 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 12 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. BONDS. A. When a project is in excess of $200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. B. When required by Owner, the Contractor shall furnish a Performance and /or Payment Bond prior to commencing performance, for the full amount of the Work, which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party (ies) providing labor and /or materials in connection with each construction or renovation project performed by the Contractor. The bonds shall be furnished using the forms prescribed in Exhibit "A ", attached herein and incorporated by reference. C. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. 14. PAYMENTS. The County shall pay the Contractor for the performance of this Agreement the aggregate of the units actually ordered and furnished at the unit price, together with the cost of any other charges /fees submitted in the proposal. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act ". 14.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 15. PAYMENTS WITHHELD. Owner may decline to approve any invoice, Application for Payment, or portions thereof, because of defective or incomplete work, outstanding punchlist items, subsequently discovered evidence or subsequent inspections. The Owner may nullify the whole or any part of any approval for payment previously issued and Owner may withhold any payments otherwise due Contractor under this Agreement or any other agreement between Owner and Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. Page -4- Packet Page -512- T 3/26/2013 16.A.10. If any conditions described above are not remedied or removed, Owner may, after three (3) days written notice, rectify the same at Contractor's expense. Owner also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to Owner, whether relating to or arising out of this Agreement or any other agreement between Contractor and Owner. 16. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products /materials from specifications shall be approved in writing by Owner in advance. 17. CONTRACT TIME. A. Time is of the essence in the performance of any Work under this Agreement and Contractor shall diligently pursue the completion of the Work and coordinate the Work being done by its subcontractors and materialmen, as well as coordinating its Work with all work of others at the 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 means, methods, techniques, sequences, and procedures as well as coordination of all portions of the Work under the Contract Documents, and the coordination of Owner's supplies and contractors. B. Should Contractor be obstructed or delayed in the prosecution of or completion of the Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of Government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall notify the Owner in writing within forty -eight (48) hours after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which Contractor may have had to request a time extension. C. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the Work from any cause whatever, including those for which Owner may be responsible, in whole or in part, shall relieve Contractor of his duty to perform or give rise to any right to damages or additional compensation from Owner. Contractor expressly acknowledges and agrees that it shall receive no damages for delay. Contractor's sole remedy, if any, against Owner will be the right to seek an extension to the Contract Time; provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage for Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as to claims based on late completion. 18. CHANGES IN THE WORK. Owner shall have the right at any time during the progress of the Work to increase or decrease the Work. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to the Contractor for any increased compensation without such written order. No officer, employee or agent of Owner is authorized to direct any extra or changed work orally. Any modifications to this Contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 19. COMPLIANCE WITH LAWS. Contractor agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify Owner in writing. Page -5- Packet Page -513- u 3/26/2013 16.A.10. 20. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall n 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. 21. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of Owner. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward Owner. 22. WARRANTY. If applicable, Contractor shall obtain and assign to Owner all express warranties given to Contractor or any subcontractors by any materialmen supplying materials, equipment or fixtures to be incorporated into the Project. Contractor warrants to Owner that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, free from all defects and in conformance with the Contract Documents. Contractor further warrants to Owner that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. 23. STANDARDS OF CONDUCT: PROJECT MANAGER SUPERVISOR EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 24. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the Owner the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the Owner. 25. PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of Owner or Owner's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Page -6- Packet Page -514- 3/26/2013 16.A.10. C. Contractor shall not disturb any benchmark established by the Owner with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the Owner's benchmarks, Contractor shall immediately notify Owner. The Owner shall re- establish the benchmarks and Contractor shall be liable for all costs incurred by Owner associated therewith. 26. EMERGENCIES. In the event of any emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, Contractor, without special instruction or authorization from Owner is obligated to act to prevent threatened damage, injury or loss. Contractor shall give the Owner written notice within forty-eight (48) hours after the occurrence of the emergency, if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the Owner determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If Contractor fails to provide the forty -eight (48) hour written notice noted above, the Contractor shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 27. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Coastal Zone Management Department. 28. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached or referenced component parts, all of which are as fully apart of the Agreement as if herein set out verbatim, including: Contractor's Proposal, Insurance Certificate, ITB No. 12- 5936R, any addenda, any Purchase Order made or issued pursuant to this Agreement, and any related plans or specifications for any such Purchase Orders. 29. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, 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. 30. SUBJECT TO APPROPRIATION. It is further understood and agreed, by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 31. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. No markup shall be applied to sales tax. Page -7- Packet Page -515- W 3/26/2013 16.A.10. 32. IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the Contractor is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 33. 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. 34. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 35. AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 36. SECURITY. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years 37. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision - making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Page -8- bJ Packet Page -516- 3/26/2013 16.A.10. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ^ ATTEST: Dwight E. Brock, Clerk of Courts By: Dated: (Seal) First Witness Type /Print Witness Name Second Witness Type /Print Witness Name Approved as to form and legal sufficiency: r Asak County Attorney T'V- p--, -/ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Eastman Aggregate Enterprises, LLC Contractor 13 Signature Typed Signature Title Page -9- Packet Page -517- 9 n EXHIBIT A PUBLIC PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: 3/26/2013 16.A.10. Bond No. Contract No. 12 -5936R That as rmiupai, anci , as Surety, located at are held and firmly bound to (Business Address) as Oblige in the sum of ($_ ) for the payment whereof we bind ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 201_, with Oblige for in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect sureties obligation under this Bond. The provisions of this bond are subject to the time limitations of Section 255.0592. In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants. IN WITNESS WHEREOF, the above parties have executed this instrument this day of body. 201_, the name of under - signed representative, pursuant to authority of its governing Page -10- Packet Page -518- Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: — Name: Its: 3/26/2013 16.A.10. The foregoing instrument was acknowledged before me this of 201_, by , as of a corporation, on behalf of the corporation. He /she is personally known to me OR has produced as identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) ATTEST: Witness as to Surety (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) 190 Page -11- Packet Page -519- Witnesses STATE OF COUNTY OF As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 3/26/2013 16.A.10. The foregoing instrument was acknowledged before me this day of 201_, by , as of , Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: W (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -12- Packet Page -520- -- M EXHIBIT A -2 PUBLIC PERFORMANCE BOND 3/26/2013 16.A.10. Bond No. Contract No. 12 -5936R KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and as Surety, located at (Business Address) are held and firmly bound to as Oblige in the sum of ($ ) for the payment whereof we bond ourselves, our heirs, executors, personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated as of the day of 201_, with Oblige for in accordance with drawings and specifications, which contractor is incorporated by reference and made a pat hereof, and is referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the Contract at the times and in the manner prescribed in the Contract, and 2. Pays Oblige any and all losses, damages, costs and attorneys' fees that Oblige sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Oblige; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract, then this bond is void; otherwise it remains in full force. Any changes in or under the Contract and compliance or noncompliance with any formalities connected with the Contract or the changes do not affect Sureties obligation under this bond. The Surety, for value received, hereby stipulates and agrees that no changes, extensions of time, alterations or additions to the terms of the Contract or other work to be performed hereunder, or the specifications referred to therein shall in anywise affect its obligations under this bond, and it does hereby waive notice of any such changes, extensions of time, alternations or additions to the terms of the Contract or to work or to the specifications. Page -13- Packet Page -521- 3/26/2013 16.A.10. This instrument shall be construed in all respects as a common law bond. It is expressly understood that the time provisions and statute of limitations under Section 255.05, Florida Statutes, shall not apply to this bond. In no event will the Surety be liable in the aggregate to Oblige for more than the penal sum of this Performance bond regardless of the number of suits that may be filed by Oblige. IN WITNESS WHEREOF, the above parties have executed this instrument this day of 201_, the name of each party being affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Signed, sealed and delivered in the presence of: Witnesses as to Principal STATE OF COUNTY OF PRINCIPAL: By: Name: Its: The foregoing instrument was acknowledged before me this 201_, by , as ,a He /She is personally known to me OR has produced did (did not) take an oath. My Commission Expires: day of of corporation, on behalf of the corporation. as identification and (Signature of Notary) Name: (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: Page -14- Packet Page -522- ATTEST: Witness as to Surety Witnesses STATE OF COUNTY OF SURETY: (Printed Name) (Business Address) (Authorized Signature) (Printed Name) OR As Attorney in Fact (Attach Power of Attorney) (Business Address) (Printed Name) (Telephone Number) 3/26/2013 16.A.10. The foregoing instrument was acknowledged before me this day of 201_, by , as of , Surety, on behalf of Surety. He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) Name: (Legibly Printed) Notary Public, State of Commission No.: Page -15- Packet Page -523- 3/26/2013 16.A.10. Geer comity. Adrri � Services 13 wrch"% INVITATION TO BID Date: October 12, 2012 From: Rhonda Cummings, FCCN, CPPB, Procurement Strategist (239) 252 -8941 (Telephone) (239) 252 -6700 (FAX) RhondaCummings@colliergov.net (Email) To: Prospective Contractors Subject: Solicitation: 12 -5936 Beach Maintenance Activities As requested by the Coastal Zone Management Department, the Collier County Board of County Commissioners Purchasing Department has issued this ITB for the purpose of obtaining fair and competitive responses. Please refer to the Public Notice included in this document for the opening date and time and any applicable pre -ITB conference. All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.collier-gov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective Contractors. We look forward to your participation in Collier County's competitive procurement process. cc: Gary McAlpin, Director, Coastal Zone Management #12 -5936 ITB Template-08152012 Rnha ft Dw&nwt- 3327 TwiarN Trail East • NeOa —, Fbrida 34112. 4901 - www.Wk(9ov,netlpumha *q Packet Page -524- 3/26/2013 16.A.10. Invitation to Bid Index PublicNotice .................................................................................... ............................... Exhibit I: Scope of Work, Specifications and Response Format ..... ............................... Exhibit II: General Bid Instructions .................................................. ............................... Exhibit III: Standard Purchase Order Terms and Conditions ........... ............................... Exhibit IV: Additional ITB Terms and Conditions ............................. ............................... Attachment 1: Contractor Submittal - Contractor's Non - Response Statement ................ Attachment 2: Contractor's Check List ............................................ ............................... Attachment 3: Contractor Submittal - Bid Response Form .............. ............................... Attachment 4: Contractor Submittal — Local Contractor Preference Affidavit ................... Attachment 5: Contractor Submittal — Immigration Affidavit .............. ............................... Attachment 6: Contractor Substitute W — 9 ...................................... ............................... Attachment 7: Contractor Submittal - Insurance and Bonding Requirements ................. ............3 ............4 ............8 ..........14 ..........17 ..........24 ..........25 ..........26 ..........28 ..........30 ..........31 ..........32 #12 -5936 2 1T13 Template_08152012 Packet Page -525- 3/26/2013 16.A.10. Public Notice Sealed bid responses for Solicitation 12 -5936 Beach Maintenance Activities, will be received electronically only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 2:30 P.M. Collier County local time on November 5, 2012. Solicitation responses received after the stated time and date will not be accepted. Solicitation 12 -5936 Beach Maintenance Activities All questions regarding this ITB must be submitted online on the Collier County Purchasing Department E- Procurement website: www.collieraov.net/bid. All responses to questions will be posted on the website with electronic notification to all prospective Contractors. All solicitation responses must be made on the official ITB response form included and only available for download from the Collier County Purchasing Department E- Procurement website noted herein. ITB Documents obtained from sources other than Collier County Purchasing may not be accurate or current. Collier County encourages Contractors to utilize recycled paper on all manual bid response submittals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ Joanne Markiewicz Interim Purchasing /General Services Director Publicly posted on the Collier County Purchasing Department website: www.colliergov.net/ourchasina and in the lobby of the Purchasing Building on October 12, 2012. #12 -5936 ITB Template_08152012 Packet Page -526- 3/26/2013 16.A.10. Exhibit I: Scope of Work, Specifications and Response Format ^ As requested by the Collier County Coastal Management Department (the "Division or Department "), the Collier County Board of County Commissioners Purchasing Department ( "County ") has issued this Invitation to Bid (hereinafter, "ITB ") with the intent of obtaining bids from interested and qualified firms in accordance with the terms, conditions and specifications stated or attached. The Contractor, at a minimum, must achieve the requirements of the Scope of Work and Specifications stated herein. BRIEF DESCRIPTION OF PURCHASE: The purpose of this bid is to provide cleaning services to county beaches in case of major seaweed, red tide, or fish kill event that overwhelms the county capacity to maintain the beaches. The maintenance activities associated with this Contract will include but not be limited to escarpment removal, beach tilling, debris removal and beach grading. Over a three year period the annual spend has been approximately thirty three thousand dollars ($33,000.00). DETAILED SCOPE OF WORK: This Scope of Services is intended to provide the information by which prospective bidders may understand the requirements of Collier County relative to one (1) or more contractors providing labor and equipment to perform maintenance activities on the beaches in Collier County including, but not limited to, Vanderbilt Beach, Park Shore, the City of Naples and the City of Marco. The County reserves the right to bid any job with an estimated cost of $25,000 or more. No single job may exceed $200,000 without Board approval. Work will be assigned by purchase order. 1. ESCARPMENT REMOVAL: The formation of ridges which interfere with marine turtle nesting or which exceed eighteen (18) inches in height for a distance of one hundred (100) feet or more shall be mechanically leveled to the natural beach contour. The use of a road grader is the preferred method for performing this function. 2. BEACH TILLING: The Contractor shall till the beach area between the seaward edge of vegetation /seawall line and the mean high water line (approximate elevation, 1.7 NGVD) with equipment operated so as to penetrate and loosen beach sand (a) to a depth of thirty -six (36) inches and (b) laterally without leaving unloosened compacted sand between the adjacent paths of tines or penetrating part of the equipment. (Suitable equipment is Caterpiller D9IJNo. 9 Adjustable Parallelogram Multishank Ripper, or equal.) Upon completion of any tilling, the beach shall be dragged to remove any ruts created by the tilling process. 3. DEBRIS REMOVAL: After certain storm events, it may be necessary to remove excess debris which cannot be removed by the routine beach cleaning operation. Such may involve the use of front end loaders (w /root rake), backhoes, dump trucks and labor. 4. BEACH GRADING: Following activities such as debris removal, it may be necessary to perform certain beach grading to remove tire ruts and restore changes to the natural beach contour as a result of those activities. The use of a large box blade (minimum width of twelve (12) feet) or other similar equipment is preferred for performing this function. 5. NEW WORK/ESTIMATES: The Contractor shall provide written estimates on all projects except on emergencies. This estimate shall include the estimated number of hours, number and types of equipment required, and number of working days required for project completion. #12 -5936 ITB Template_08152012 Packet Page -527- 3/26/2013 16.A.10. This information is necessary for use in preparing the purchase order to provide authorization for each project. 6. SAFETY: All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. 7. EQUIPMENT: Contractor's equipment must be in good repair and have available all equipment necessary to perform the described services in particular and the equipment necessary to complete related tasks. A list of equipment available for use on this contract shall be submitted with the bid. Rental equipment, if required, shall be paid for at invoice price with no mark -up. 8. PRICES: Unit prices quoted shall include all labor cost, insurance, overhead, profit, travel time, mileage and exclusive of taxes. The prices quoted in the Contractor's bid shall remain in effect for a period of one (1) year from the date of award by the Board of County Commissioners. 9. LICENSES: The Contractor, at time of bid submittal, shall possess the correct occupational licenses or other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Laws, Statute, Ordinances, and rules and regulations of any kind. Copies of the licenses should be submitted with the bid indicating that the entity bidding is properly licensed to perform the activities or work included in the Contract documents. The Contractor shall be licensed to operate within Collier County. 10. EXPERIENCE: The Contractor must have a minimum of five (5) years experience in beach tilling and general Beach Maintenance Activities with a Municipality or Government entity. 11. REFERENCES: Each Contractor is requested to submit with their bid, a list of three (3) satisfactory references, including the names and telephone numbers of a contact person. There references may be used in the evaluation of this bid to determine award. 12. EXCEPTIONS: If a proposer takes exception to any provision of the specifications, indicate each exception on bid. The County reserves the right to review and determine if it will accept the exception made by the proposer. 13. TERMINATION: Should the Contractor be found to have failed to perform his 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 seven (7) day written notice. The County shall be sole judge of non - performance. Award Criteria ITB award criteria is as follows: • All questions on the Bid document shall be answered as to price(s), time requirements, and required document submissions. • Award shall be based upon the responses to all questions on the Bid Response Page(s). • Further consideration may include but not be limited to, references, completeness of bid response and past performances on other County bids /projects. • Prices will be read in public exactly as input on the electronic bid response form or written on the manually submitted Bid Response Page(s) at the time of the bid opening; however, should an error in calculations occur whenever unit pricing and price extensions are requested, the #12 -5936 ITB Template_08152012 Packet Page -528- 3/26/2013 16.A.10. unit price shall prevail. Mathematical miscalculations may be corrected by the County to reflect the proper response. • The County's Purchasing Department reserves the right to clarify a Contractor's bid prior to the award of the solicitation. • It is the intent of Collier County to award to the lowest, responsive bidder(s) in accordance with the following methodology: Lines one through six will be tabulated and the responsiveness of the bidder will be determined by the Reference Questionnaire pones and the years of experience. • Collier County reserves the right to select one, or more than one suppliers, however, it is the intent to select a single awardee. • The contract will be in the form of the County's standard contract. Tenn of Contract This contract will commence on the date of award by the Board of County Commissioners, and be in effect for one (1) year. The County retains the right to renew this contract, with the consent of the Contractor, under the same terms and conditions for three (3) additional years in one (1) year increments. Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made on the contract anniversary date, in writing, to the Purchasing Director. Price adjustments are dependent upon budget availability and program manager approval. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Timetable Contractor Required Documents to be received electronically • Attachment 2: Contractor's Check List • Attachment 3: Contractor Bid Response Form • Attachment 4: Local Contractor Preference #12 -5936 ITB Template_08152012 Packet Page -529- Issue Solicitation Notice October 12, 2012 , Last Date for Receipt of Written Questions October 26, 2012, 4:00 pm, Naples Local Time Addendum Issued Resulting from Written Questions October 29, 2012 Solicitation Deadline Date and Time November 5, 2012, 2:30 pm, Naples Local Time Anticipated Evaluation of Submittals November 5 — 6„ 2012 Anticipated Board of County Commissioner's Contract December 2012 Approval Date Contractor Required Documents to be received electronically • Attachment 2: Contractor's Check List • Attachment 3: Contractor Bid Response Form • Attachment 4: Local Contractor Preference #12 -5936 ITB Template_08152012 Packet Page -529- W 3/26/2013 16.A.10. • Attachment 5: Immigration Law Affidavit • Attachment 6: Contractor Substitute W -9 • Attachment 7: Insurance and Bonding Requirement • Attachment 8: Reference Questionnaire • Documentation of minimum of five (5) years experience. Such documentation shall include, but is not limited to: ✓ Project description ✓ Time of performance ✓ Names, telephone numbers and e-mail addresses (if available) of individual references familiar with bidder's project performance and area. • List of company owned or leased equipment to include, but not limited to: ✓ Date of manufacture ✓ Condition ✓ Indicate whether owned or leased; and ✓ If leased, date of lease expiration #12 -5936 ITB Template_08152012 Packet Page -530- Exhibit II: General Bid Instructions 1. Purpose /Objective 3/26/2013 16.A.10. As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier County Board of County Commissioners Purchasing Department (hereinafter, the County) has issued this Invitation to Bid (hereinafter, the "ITB ", or "Bid ") with the sole purpose and intent of obtaining bid responses from interested and qualified firms in accordance with the terms, conditions, and specifications stated and /or attached herein /hereto. The successful Contractor will hereinafter be referred to as the "Contractor" All bids must be submitted on the Bid form furnished by the County noted in Attachments 2, 3, 4, 5, 6, 7 and 8 of this ITB. No bid will be considered unless the Bid form is properly sinned. Contractor is responsible to read and follow the instructions very carefully, as any misinterpretation or failure to comply with these instructions could lead to the bid submitted as being rejected as non - responsive. 2. Pricing Contractors must provide unit prices using the unit of measured specified by the County. All prices will remain firm for a period of one hundred and eighty (180) calendar days from date of bid opening. After award by the Board of County Commissioners, prices may only be adjusted as outlined in Exhibit I: Term of Contract. 3. Alternate Bid Pricing In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide pricing for all alternates as listed. The omission of a response or a no -bid or lack of a submitted price will be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed will be considered technically non- responsive and will not be considered for award. 4. Equal Product Manufacturer's name, brand name and /or model number are used in these specifications for the purpose of establishing minimum requirements of level of quality, standards of performance and /or design required, and is in no way intended to prohibit the bidding of other manufacturer's items of equal or similar material. An equal or similar product may be bid, provided that the product is found to be equal or similar in quality, standard of performance, design, etc. to the item specified. Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid as equal or similar. Equal product samples, if required for evaluation, and at no cost to the County, must be submitted with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless samples are delivered to specked address by bid due date. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. #12 -5936 ITB Template_08152012 Packet Page -531- 3/26/2013 16.A.10. 5. Discounts Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be considered in the award of tie bids. In no instance should payment terms less than fifteen (15) calendar days be offered. 6. Exceptions Contractors taking exception to any part or section of these specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to indicate any exceptions to the specifications shall be interpreted as the Contractors intent to fully comply with the specifications as written. The County, at its sole discretion, shall determine if the exceptions are material in nature, and if the Contractor's exceptions may be declared grounds for rejection of bid bid. 7. Addenda The County reserves the right to formally amend and /or clarify the requirements of the bid specifications where it deems necessary. Any such addendum /clarification shall be in writing and shall be distributed electronically to all parties who received the original bid specifications rip or to the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through a notice of addendum or questions and answers to all Contractors registered under the applicable commodity code(s) at the time when the original ITB was released, as well as those Contractors who downloaded the ITB document. Additionally, all addendums are posted on the Collier County Purchasing Department E- Procurement website: www.collieraov.net/bid. Before submitting a bid response, please make sure that you have read all, understood clearly and complied completely with any changes stated in the addenda as failure to do so may result in the rejection of your submittal. 8. Bid Submission All electronic bids shall be submitted online via the Collier County Purchasing Department e- procurement website: www.colliergov.net /bid. Contractors who wish to receive copies of bids after the bid opening may view and download same from the Collier County Purchasing Department Internet bid site. 9. Questions If the Contractor should be of the opinion that the meaning of any part of the Bid Document is doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement Strategist before the bid opening date. Direct questions related to this ITB only to the Collier County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be answered after the date noted on the ITB. Contractors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department E- Procurement website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 10. Protests #12 -5936 ITB Template_08152012 Packet Page -532- 3/26/2013 16.A.10. Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate r� issue with the ITB shall file a written protest with the Purchasing Director np for to the opening of the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the bid or the acceptance date for the Request for Bids. 11. Rejection and Waiver The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to select the bid that best meets the requirements of the County. Contractors whose bids, past performance or current status do not reflect the capability, integrity or reliability to fully and in good faith perform the requirements denoted may be rejected as non- responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide all required information, documents or materials may be rejected as non - responsive. 12. Local Contractor Preference (LVP) The County is using the Competitive Sealed Quotation methodology of source selection for this procurement, as authorized by Ordinance Number 87 -25, and Collier County Resolution Number 2008 -181 establishing and adopting the Collier County Purchasing Policy. The Collier County Board of County Commissioners has adopted a Local Preference "Right to Match" policy to enhance the opportunities of local businesses to receive awards of Collier County purchases. A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County quote or bid submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the Contractor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a Contractor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Contractors shall affirm in writing their compliance with the foregoing at the time of submitting their quote or bid to be eligible for consideration as a "local business" under this section. When a qualified and responsive non -local business submits the lowest price quote, and the quote submitted by one or more qualified and responsive local businesses is within ten percent (10 %) of the price submitted by the non -local business, then the local business with the apparent lowest quote offer (i.e. the lowest local Contractor) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive Contractor. In such instances, staff shall first verify if the lowest non -local Contractor and the lowest local Contractor are in fact qualified and responsive Contractors. Next, the Purchasing Department shall determine if the lowest local Contractor meets the requirements of Section 287.087 F.S. If the lowest local Contractor meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local Contractor to submit a matching offer to the Purchasing Department #12 -5936 10 ITB Template_08152012 Packet Page -533- 3/26/2013 16.A.10. which shall be submitted within five (5) business days thereafter. If the lowest local Contractor submits an offer that fully matches the lowest quote from the lowest non -local Contractor tendered previously, then award shall be made to the local Contractor. If the lowest local Contractor declines or is unable to match the lowest non local quote price(s), then award will be made to the lowest overall qualified and responsive Contractor. If the lowest local Contractor does not meet the requirement of Section 287.087 F.S. and the lowest non -local Contractor does, award will be made to the Contractor that meets the requirements of the referenced state law. Contractor must complete and submit with its quote response the Affidavit for Claiming Status as a Local Business which is included as part of this solicitation. Failure on the part of a Contractor to submit this Affidavit with their quote response will preclude said Contractor from being considered for local preference under this solicitation. A Contractor who misrepresents the Local Preference status of its firm in a quote submitted to the County will lose the privilege to claim Local Preference status for a period of up to one (1) year. The County may, as it deems necessary, conduct discussions with any of the competing Contractors determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 13. Immigration Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. le� 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 Bids (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 Contractors / 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 Contractor's /bidder's bid. 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. Contractors are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder /Contractor does not comply with providing both the acceptable E- Verify evidence and the executed affidavit the bidder's/ Contractor's bid may be deemed non - responsive. Additionally, Contractors shall require all subcontracted Contractors to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. #12 -5936 11 ITB Template_08152012 Packet Page -534- 3/26/2013 16.A.10. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /Www.dhs.cov /E- Verify. It shall be the Contractor's responsibility to familiarize themselves with all rules and regulations governing this program. Contractor 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 of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 14. Lobbying All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied either individually or collectively about a project for which a firm has submitted a bid. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to final Board approval, no firm or its agent shall contact any other employee of Collier County with the exception of the Purchasing Department. 15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms submitting a response to this solicitation shall be required to provide a certificate of authority from the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 (www.sunbiz.org /search.htmi . A copyof the document shall 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. 16. General Information When it is deemed by the County that a bid cannot be awarded as originally intended, the County reserves the right to award this bid through an approach which is the best interest of the County. Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying as low bid, the County shall ask Contractors to submit certification that they have a drug -free workplace in accordance with Section 287.087 Florida Statutes. Should all Contractors provide said certification; the County will give local Contractor preference. 17. Bid Award Process Award of contract will be made by the Board of County Commissioners in public session. Awards pertaining to the Collier County Airport Authority will generally be made by that agency's approval Board. Award shall be made in a manner consistent with the County's Purchasing Policy. Award recommendations will be posted outside the offices of the Purchasing Department as well as on the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the County Commission meetings. #12 -5936 12 ITB Template_08152012 Packet Page -535- 3/26/2013 16.A.10. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Purchasing Director. #12 -5936 13 ITB Template_08152012 Packet Page -536- Exhibit III: Standard Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by CONTRACTOR. within fourteen (14) days of issuance. Acceptance and Confirmation 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 CONTRACTOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. CONTRACTOR 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 CONTRACTOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by CONTRACTOR. 3. Inspection 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 CONTRACTOR'S instruction at CONTRACTOR'S expense. To the extent that a purchase order requires a series of performances by CONTRACTOR, 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. 4. Shipping and Invoices 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 3/26/2013 16.A.10. 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 CONTRACTOR. 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. 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 container 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 CONTRACTOR'S expense that is not marked with Purchase Order numbers. CONTRACTOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 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. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of CONTRACTOR 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 #12 -5936 14 ITB Template 06152012 Packet Page -537- 3/26/2013 16.A.10 remedies available to it at law or in equity. n CONTRACTOR agrees to reimburse the COUNTY for any expenses incurred in enforcing 10. Indemnification its rights. CONTRACTOR further agrees that CONTRACTOR shall indemnify and hold undiscovered delivery of nonconforming goods harmless the COUNTY from any and all claims, and /or services is not a waiver of the COUNTY'S including claims of negligence, costs and right to insist upon further compliance with all expenses, including but not limited to attorneys' specifications. fees, arising from, caused by or related to the 6. Changes injury or death of any person (including but not The COUNTY may at any time and by written limited to employees and agents of CONTRACTOR in the performance of their duties notice make changes to drawings and or otherwise), or damage to property (including specifications, shipping instructions, quantities property of the COUNTY or other persons), which and delivery schedules within the general scope arise out of or are incident to the goods and /or of this Purchase Order. Should any such change services to be provided hereunder. increase or decrease the cost of, or the time required for performance of the Purchase Order, 11. Warranty of Non - Infringement an equitable adjustment in the price and /or CONTRACTOR represents and warrants that all delivery schedule will be negotiated by the goods sold or services performed under this COUNTY and CONTRACTOR. Notwithstanding Purchase Order are: a) in compliance with the foregoing, CONTRACTOR has an affirmative applicable laws; b) do not infringe any patent, obligation to give notice if the changes will trademark, copyright or trade secret; and c) do decrease costs. Any claims for adjustment by not constitute unfair competition. CONTRACTOR must be made within thirty (30) days from the date the change is ordered or CONTRACTOR shall indemnify and hold within such additional period of time as may be harmless the COUNTY from and against any and agreed upon by the parties. all claims, including claims of negligence, costs and expense, including but not limited to 7. Warranties attorneys' fees, which arise from any claim, suit CONTRACTOR expressly warrants that the or proceeding alleging that the COUNTY'S use of goods and /or services covered by this Purchase the goods and/or services provided under this Order will conform to the specifications, Purchase Order are inconsistent with drawings, samples or other descriptions CONTRACTOR'S representations and warranties furnished or specified by the COUNTY, and will in section 11 (a). be of satisfactory material and quality production, free from defects and sufficient for the purpose If any claim which arises from CONTRACTOR'S intended. Goods shall be delivered free from any breach of section 11 (a) has occurred, or is likely security interest or other lien, encumbrance or to occur, CONTRACTOR may, at the COUNTY'S claim of any third party. These warranties shall option, procure for the COUNTY the right to survive inspection, acceptance, passage of title continue using the goods or services, or replace and payment by the COUNTY. or modify the goods or services so that they become non - infringing, (without any material 8. Statutory Conformity degradation in performance, quality, functionality Goods and services provided pursuant to this or additional cost to the COUNTY). Purchase Order, and their production and transportation shall conform to all applicable 12. Insurance Requirements laws, including but not limited to the Occupational The CONTRACTOR, at its sole expense, shall Health and Safety Act, the Federal provide commercial insurance of such type and Transportation Act and the Fair Labor Standards with such terms and limits as may be reasonably Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing face of the Purchase Order. and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR. All 9. Advertising insurance policies shall be executed through No CONTRACTOR providing goods and services insurers authorized or eligible to write policies in to the COUNTY shall advertise the fact that it has the State of Florida. contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S 13. Compliance with Laws name or other identifying marks or In fulfilling the terms of this Purchase Order, property without the prior written consent of the CONTRACTOR agrees that it will comply with all COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and #12 -5936 15 ITB Template_08152012 Packet Page -538- 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, CONTRACTOR 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. 14. Force Majeure Neither the COUNTY nor CONTRACTOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When CONTRACTOR 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, CONTRACTOR shall immediately give notice thereof, including all relevant information with respects to what steps CONTRACTOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment CONTRACTOR 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. Taxes 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. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination 3/26/2013 16.A.10. This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the CONTRACTOR. This Purchase Order may be terminated immediately by the COUNTY for breach by CONTRACTOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided CONTRACTOR with notice of such breach and CONTRACTOR has failed to cure within 10 days of receipt of such notice. 19. General 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 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by CONTRACTOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by CONTRACTOR hereunder shall not be deemed a waiver of any subsequent default by CONTRACTOR. 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. d) The Contractor 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. 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 Order 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. #12 -5936 16 ITB Template_08152012 Packet Page -539- 3/26/2013 16.A.10. Exhibit IV: Additional ITB Terms and Conditions 1. Additional Items and /or Services During the contract term, Collier County reserves the right to add related items and /or services upon negotiation of a satisfactory price by the Project Manager and Contractor. 2. Conflict of Interest Contractor shall provide a list of any businesses and /or organizations to which the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could be construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 3. Contractor Performance Evaluation Collier County has implemented a Contractor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, Contractors will be evaluated on their performance upon completion /termination of agreement. 5. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly n responsible for 50% or more of the solicitation amount for said work. 6. Deductions for Non - Performance The County reserves the right to deduct a portion of any invoice for goods not delivered, or services not performed in accordance with requirements, including required timeframe. The County may also deduct, or chargeback the Contractor the costs necessary to correct the deficiencies directly related to the Contractor's non - performance. 7. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Contractor. 8. Environmental Health and Safety All Contractors and Sub Contractors 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. Contractors and Sub Contractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and /or right -of -way for the purpose of inspection of any Contractor's work operations. This provision is non - negotiable by any department and /or Contractor. #12 -5936 ITB Template-08152012 Packet Page -540- 17 ■ I 3/26/2013 16.A.10. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 9. Standards of Conduct The Contractor shall employ people to work on County projects who are neat, clean, well - groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 10. Licenses The Contractor is required to possess the correct professional and other licenses, and any other authorizations necessary to perform the required work pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of all the required licenses must be submitted with the bid response indicating that the entity bidding, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the ITB documents. Failure on the part of any Contractor to supply this documentation with their bid response may be grounds for deeming Contractor non - responsive. A Contractor with an office within Collier County is re uired to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County. Questions regarding professional licenses should be directed to Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be directed to the Tax Collector's Office at (239) 252 -2477. 11. Protection of Property The Contractor shall ensure that the service is performed in such manner as to not damage any property. In the event damage occurs to any property as a direct result of the Contractor or their Sub Contractor in the performance of the required service, the Contractor shall repair /replace, to the County's satisfaction, damaged property at no additional cost to the County. If the damage caused by the Contractor or their Sub Contractor has to be repaired /replaced by the County, the cost of such work will be deducted from the monies due the Contractor. #12 -5936 18 ITB Template_08152012 Packet Page -541- 3/26/2013 16.A.10. 12. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the 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 specked period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. 13. Invoice and Payments Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Contractor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or, emailed to: bccaoclerkCa�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County shall not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests shall be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices must be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period #12 -5936 19 ITB Template_08152012 Packet Page -542- 3/26/2013 16.A.10. is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the Contractor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 14. Survivability Bids (ITBs /RFPs): The Consultant/Contractor /Contractor agrees that any Work Order /Purchase Order that extends beyond the expiration date of Solicitation 12 -5936 Beach Maintenance Activities resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order /Purchase Order. 15. Insurance Requirements The Contractor 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 Insurance and Bonding Requirements Attachment of this solicitation. The Contractor 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 Contractor waive against each other and the County's separate Contractors, 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 Contractor and County shall, where appropriate, require similar waivers of subrogation from the County's separate Contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Contractor to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Contractor under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The "Certificate Holder' should read as follows: Collier County Board of County Commissioners Naples, Florida #12 -5936 20 ITB Template_08152012 Packet Page -543- 3/26/2013 16.A.10. The amounts and types of insurance coverage shall conform to the minimum requirements set forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Contractor has any self- insured retentions or deductibles under any of the below listed minimum required coverage, Contractor 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 Contractor's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Worts 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 Contractor 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 Contractor. The Contractor 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 Contractor from its insurer and nothing contained herein shall relieve Contractor of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Contractor hereunder, Contractor shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. Should at any time the Contractor 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 Contractor for such coverage(s) purchased. If Contractor 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 Contractor under this Agreement or any other agreement between the County and Contractor. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work, the Contractor 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 Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate any and all contracts. 15. Collier County Information Technology Requirements All Contractor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All Contractors will be required to adhere to IT policies for access to the County network. Contractors are required to notify the County in writing twenty -four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Purchasing Department website: www.collieraov.net/ourchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non - responsive. 16. Security and Background Checks #12 -5936 ITB Template_08152012 Packet Page -544- 21 3/26/2013 16.A.10. If required, Contractor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 17. 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) on state roadways. These projects shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein by reference. Copies are available through the Risk Management and /or Purchasing Departments and are available on -line at colliergov.net/purchasing. The 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. 18. Debris Contractor shall be responsible for the removal and disposal of all debris from the site and the cleaning of the affected areas. Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon the request of the County's representative, shall remove and dispose such debris and materials from the property. The Contractor shall leave all affected areas as they were prior to beginning work. 19. Direct Material Purchase The County reserves the right to require Contractor to assign some or all of its agreements with material suppliers directly to the County. Any such goods and /or materials purchased by the County pursuant to such an assignment of a material supply agreement shall be referred to as "County Furnished Materials" and the responsibilities of both the County and the Contractor relating to said materials shall be governed by the terms and conditions of this solicitation. Additionally, the County at its sole option may choose to purchase some or all of the goods and /or materials from other suppliers. In either instance the County may require the following information from the Contractor: • Required quantities of material. • Specifications relating to goods and /or materials required for job including brand and /or model number or type if applicable • Pricing and availability of goods and /or materials provided under Contractor's agreements with material suppliers 20. Grant Compliance #12 -5936 22 ITB Template_08152012 Packet Page -545- 3/26/2013 16.A.10. The purchase of any goods and /or services that are funded through Federal Grant Appropriations, the State of Florida, or any other public or private foundations shall be subject to the compliance and reporting requirements of the granting agency. 21. Equipment Contractor shall have available and in good working condition, the necessary equipment to perform the required service. Contractor shall supply a list of equipment and an hourly rate for each. #12 -5936 23 ITB Template_08152012 Packet Page -546- 3/26/2013 16.A.10. Attachment 1: Contractor Submittal - Contractor's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective Contractors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department, 3327 Tamiami Trail East, Naples, Florida 34112. We are not responding to this ITB for the following reason(s): Solicitation: 12 -5936 Beach Maintenance Activities ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. ❑ Specifications /scope of work not clearly understood (too vague, rigid, etc.) ❑ Project is too small. ❑ Insufficient time allowed for preparation of response. ❑ Incorrect address used. Please correct mailing address: ❑ Other reason(s): Firm's Complete Legal Name Address City, State, Zip Telephone Number FAX Number Signature / Title Type Name of Signature #12 -5936 ITB Template_08152012 Packet Page -547- Date: 24 n 3/26/2013 16.A.10. C'oltr Cow,nty Pu Attachment 2: Contractor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY CONTRACTOR. Please read carefully, sign in the spaces indicated and return with bid. Contractor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, if applicable. 10. Immigration Affidavit and company's E -Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 12 -5936 Beach Maintenance Activities • Opening Date: October 17, 2012 13. The bid will be mailed or delivered in time to be received no later than the specified opening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. Company Name Signature & Title Date #12 -5936 25 ITB Template-08152012 Packet Page -548- 3/26/2013 16.A.10. Attachment 3: Contractor Submittal - Bid Response Form FROM: Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 12 -5936 Beach Maintenance Activities Dear Commissioners: The undersigned, as Contractor, hereby declares that the specifications have been fully examined and the Contractor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Contractor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Contractor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Net _ Days ❑ Bid Response Form is electronic. Please input your prices online. ❑ Bid Response is as follows: Documentation of minimum of five (5) years experience attached List of owned and/or leased equipment attached ❑ Yes ❑No ❑ Yes ❑ No Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #12 -5936 ITB Tempiate 08152012 Packet Page -549- 26 3/26/2013 16.A.10. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 20 in the County of , in the State of Firm's Complete Legal Name Address City, State, Zip Florida Certificate of Authority Document Number Federal Tax Identification Number Telephone Number FAX Number Signature / Title Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY if different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #12 -5936 27 ITB Template_08152012 Packet Page -550- 3/26/2013 16.A.10. r Co'K ,.� fidriinisbsilive Sergi DivWw IurV Attachment 4: Contractor Submittal — Local Contractor Preference Affidavit Solicitation: 12 -5936 Beach Maintenance Activities (Check Appropriate Boxes Below) State of Florida (Select County If Contractor is described as a Local Business ❑ Collier County ❑ Lee County Contractor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or bid submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the Contractor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a Contractor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Contractors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or bid to be eligible for consideration as a "local business" under this section. n Contractor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Contractor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in Contractor's submission being deemed not applicable. Contractor Name: Address in Collier or Lee County: Signature: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Date: Title: Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 Notary Public My Commission Expires: #12 -5936 28 ITB Template_08152012 Packet Page -551- 3/26/2013 16.A.10. (AFFIX OFFICIAL SEAL) #12 -5936 29 ITB Template_08152012 Packet Page -552- 3/26/2013 16.A.10. adm*r011M sew DMWon Attachment 5: Contractor Submittal — Immigration Affidavit Solicitation: 12 -5836 Beach Maintenance Activities 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 Bids (RFP) submittals. Further, Contractors / 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 Contractor's /bidder's bid. 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 Collier County will not intentionally award County contracts to any Contractor 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 Contractor 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. Contractor 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 Contractor's / Bidder's bid. Company Name Print Name Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of . 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 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. #12 -5936 30 ITB Template_08152012 Packet Page -553- 3/26/2013 16.A.10. Attachment 6: Contractor 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 bid. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Address City State FAX Email Remit/ Payment Information Address Zip I City State Zip 2. Company Status (check only one) FAX Email _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disre arded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Contractors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #12 -5938 ITB Template 08152012 Packet Page -554- 31 3/26/2013 16.A.10. • � r n Attachment 7: Contractor Submittal - Insurance and Bonding Requirements 1ll�l Ktv.4..,a.ia's� �.Y'o:,:'au !s 4dSen: ,.':s ae. .��r. -.a.,, . fz"+�i:.:s.. .mxava3...... ,roc �.; -.n «...� .�:..��.:- ..,,..,,_,_ . - -_ -_ , . . 11 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1.000.000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall 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 /Contractor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Contractor /Consultant or anyone employed or utilized by the Contractor /Contractor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500.000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #12 -5936 ITB Template-08152012 Packet Page -555- 32 3/26/2013 16.A.10. ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with bid response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or bid bond in a sum equal to 5% of the cost bid. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner, provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County, The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Contractor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Contractor Signature Print Name Insurance Agency Agent Name Date Telephone Number #12 -5936 33 ITB Template_08152012 Packet Page -556- 3/26/2013 16.A.1O. 1ler Co..W A**i*wo sew Division Attachment 8: Reference Questionnaire Solicitation: Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (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 /indivdival 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." Project Description: Completion Date: Project Budget: Change Orders - Dollars Added: Project Number of Days: Change Orders - Days Added: Item's f 0, SWMI 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 Close out project process (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 County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By #12 -5936 34 ITB Template_08152012 Packet Page -557- 3/26/2013 16.A.10. •.� M In Attachment 2: Contractor's Check List IMPORTANT: THIS SHEET MUST BE SIGNED BY CONTRACTOR. Please read carefully, sign In the spaces indicated and return with bid. Contractor should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery information required is included. 7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has been included. 8. Addendum have been signed and included, if applicable. 9. Affidavit for Claiming Status as a Local Business, If applicable. 10. Immigration Affidavit and company's E -Verify profile page or memorandum of understanding. 11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this ITB. 12. The mailing envelope must be addressed to: Purchasing Director Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 The mailing envelope must be sealed and marked with: • Solicitation: 12-5936 Beach Maintenance Activities • Opening Date: October 17, 2012 13. The bid will be mailed or delivered in time to be received no later than the specked onening date and time. (Otherwise bid cannot be considered.) ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET. QS 4mgo a, :r, LL C Co y Na Signaturg�& itle Date �y #12 -5936 25 J� � �'/• -�� [TB Template_08152012 Packet Page -558- wz 3/26/2013 16.A.10. N F+ lD 00 V 01 VI A W N F+ 01 V1 A W N F+ DZpO o o p �� @ a s oa pr w pr m z o g { n n n, M m e°o ° M O w a o. ,z c � � m CL o Z o+ Cr 3 3 9 N °' ao O a m =► M° °' 3 m p ?i o x c 2 p r e°d o 0 N =� 0 A � m 3 v -� .. °: ran A n x c�O� 0.3 C 3 x��. O o �� m m ° ate_. o, Ln ? z Cu a z cn°' = '' ;j O ro CL x a 3 C 7 v N $ v^ v► in v► v� v► +n v► o i► v+ .c m LA m m %n S N fu 0 IA e• el) z O � tOn O vii *90:E20 H O 1A N 888 N N C b ;mo3mo CL > > = 00 $ V w V oo N w A oo to to o a ran M = a 0 CL m N o o u+ 0 0 0 0 88888888 88 x 0 c H am'+ v► v�l PC 00 Co M Ln 00 CA 888888 IM I 3 N i/: CF+ i/f i/► N Og i/► V •1 r z ° z ° A g ,N,~O o d p8 g CO O g O r i9i 888888 Packet Page -559- °°-0 M o o, ° m as v � 2 w m � � v o, 3 0 0 o� M N z m go CL � � N M 41 lD Z c. ''• w I" 1101�, 'j j �. �a,q 3/26/2013 16.A.10. N A w N N p W 0000 V M Uri A W N _+ O m O° 7. a t O S ? m 72. N :4 p C N' O O rnR N 013 rdi n 0 O ` p W D o 3 f d o Cr n r�D 7 4A ?r S 7C to `C C N m N @ o A ro an c a � 3 z 3 n, s 'Z' a rOD V A m D N V► z Vl VJ vi. vi. Z L4 z tJ>inNN LR D D N Z a z a M vo Zb A A V p 8 V Cyl N O cc V= $0 O 8 0 0 818181 0 0 S V S °oSg"'v' Ln to 18 0 c z a z a z a z z z o a n n a r Packet Page -560- m v c 2 � N fl. d W N .p 3 O 3 Gi O 3 m ip N 0 n rp N ego C rt N ` � O O N M of m a Z d W Vim-► � Packet Page -561- 3/26/2013 16.A.10. i z a m 0 v m r I m N m a r z C m M i a G) X D m m i m m Cn m 0 9 m Z Z m ta 3 a l z 4 i .mi to ul W N i Np O d O O O O O p O O CO O O O O 0 0 0 0 0 0 0 0 0 0 to O O O �O V V V N V 0 0 `O `O o 0 0 0 o to cn vi to cn �_ z z a z n n n m n mmNm0'�� m z v Vci+ -4 -4 iC-� O 0 C W W W Ci Vp = N N N CR W 0 O cn f. 0 V Z V r m 0 n n �t r r O O O x M M 0 0 0 x 0 0 0 0 0 z z z 0 a a r> N 0 a a w w w <<< > n n m m < m rn D a a m m rn < < � r -� 000 >ar_MM �M;o -�-� r N N o X° v v C O Ch N N s < Cn W W C" CA CO N N 0 0 Q O C1 Ora A A A aD g= COTI O CO V o o =. W o A N k M C"0000 N CO W O O O C" N in N Packet Page -561- 3/26/2013 16.A.10. i z a m 0 v m r I m N m a r z C m M i a G) X D m m i m m Cn m 0 9 m Z Z m ta 3 a l z 4 n �D �D C C 7 N N 8 3 � m � co o CL so CD °_' o m °a CL. o m m v, v 0 0 N m m m m m m m m m m Cif A O V ONE A W N C O COO O tO0 V V V V V Q Z � M m m m O O M N N N N N v m M °m a m o pv m A00000 O ��" 0 O n z < n z < n z < m X m W � O O C O 406 O 1 N M O t1f o -4 t71 0 W � 0 N Cif 0 j tl1 0 0 w 0 t N O Co w Packet Page -562- 3/26/2013 16.A.10. c z _ -I I ii O v m r m r z c W m Im RIR)p i� 3 F Z m 3 v N v O m _ a CD N 0 0 3 w Cr. o� 0 _ CL c v a� a O a ZZO P5 t Packet Page -563- c z X a m 0 v m r m C z N m r Z C W m M 3126/2013 16.A.10� ul Mi 3 0 z ft lnf W LA N lief •�► O N t0 N 00 b N 6 i N GO N N V N N Of N N tl1 N 0 0 0 0 0 0 Op w O O O O 0 a m 'v aaaaa�"��'�� m 1v �- m m m m �p `O m O r in r� m ran G) r m O r m I 0 � z z z z z o m m m m m z > ovQvvv�T�+mmr'-4 N �i1 N tlf N ail N ail N :i1 N tli r i i N r i i N r i i N r i i N r i i N O m m CA 0 O a X O "n O -n O m O m O m O m -n X 'n 70 -n 70 m M m 70 -n � be > X X X O a O a O a O a O a O a r m r m r m r m r m r m r m v 0 v 0 v 0 v 0 v 0 v 0 v v v o v v v i T 0 0 W = 0 0 00f _ TT 0 0 V _ -< ^ 0 0 0 0 M Co = 0= 0 V n E.p Z .P• OVf w " r N o V W w In G1 of t0 Cf OV1 O of �D pf V ---fff w -t O of �O df W O x m a of P• V OVf N N W w cn -' .tea. O V Packet Page -563- c z X a m 0 v m r m C z N m r Z C W m M 3126/2013 16.A.10� ul Mi 3 0 z ft 3/26/2013 16.A.10. C ar�x�ty AdrriftatiMe Se VbftDiu WM w. Attachment 3: Contractor Submittal - Bid Response Form Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Solicitation: 12 -5936 Beach Maintenance Activities Dear Commissioners: The undersigned, as Contractor, hereby declares that the specifications have been fully examined and the Contractor is fully informed in regard to all conditions pertaining to the work to be performed for as per the scope of work. The Contractor further declares that the only persons, company or parties interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is made without connection with any other person, company or companies submitting a Bid; and it is all respects fair and in good faith, without collusion or fraud. The Contractor proposes and agrees if this Bid is accepted, to contract, either by a County issued purchase order or formal contract, to comply with the requirements in full in accordance with the terms, conditions and specifications denoted herein, according to the following unit prices: * * * SEE FOLLOWING PAGES * * * Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be considered and computed in the tabulation of the bids. In no instance should terms for less than fifteen (15) days payment be offered. Prompt Payment Terms: % Days; Neta0Days Bid Response Form is electronic. Please input your prices online.' ❑ Bid Response is as follows: Documentation of minimum of five (5) years experience attached ❑ Yes ❑ No List of owned and /or leased equipment attached [j Yes ❑ No Note: I please submit an ORIGINAL and ONE COPY of your bid response pages. The undersigned do agree that should this Bid be accepted, to execute a formal contract, if required, and present the formal contract to the County Purchasing Director for approval within fifteen (15) days after being notified of an award. #12 -5936 MIGIA, 26 ITS Template 08152012 , Packet Page -564- 3/26/2013 16.A.10. IN TNESS WHEREOF, WE have hereunto subscribed our names on this F day of 20 /� in the County of in the State of �� Firm's Complete Legal Name AQSirrzar► Ala rt'A �n •'� S.� �-G Address 705 ''61 kcia-e l VC`IU-e City, State, zip ja/(4 Ow-f- , YL 33 yc-* Florida Certificate of Authority /� VYDUV D la41 / y0 Document Number Federal Tax Identification ,2y " 15 5 `-/ -- Number 5bi- Qta9- -7>A4-7 Telephone Number FAX Number ! ' Yd 4 - 9 q-7-'7 ( Signature !Title % =�� '� Type Name of Signature Date Additional Contact Information Send Payments To: (REQUIRED ONLY If different from above) Firm's Complete Legal Name Address City, State, Zip Contact Name Telephone Number FAX Number Email Address #12 -5836 ITB Template_08152012 A 27 OpIC A � r Packet Page -565- 3/26/2013 16.A.10. �. Caxx�Y AdmkSecvhes- otufssron Attachment 4: Contractor Submittal — Local Contractor Preference Affidavit Solicitation: 12 -5936 Beach Maintenance Activities (Check Appropriate Boxes Below) State of Florida (Select County if Contractor is described as a Local Business ❑ Collier County ❑ Lee County Contractor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of County Commissioners and the Regulations Thereto. As defined In Section XI of the Collier County Purchasing Policy; A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee County for a minimum of one (1) year prior to a Collier County bid or bid submission that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier or Lee Counties from which the Contractor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a Contractor shall not be considered a "local business" unless it contributes to the economic development and well -being of either Collier or Lee County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to either Collier or Lee County's tax base, and residency of employees and principals of the business within Collier or Lee County. Contractors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or bid to be eligible for consideration as a "local business" under this section. Contractor must complete the following information: Year Business Established in ❑Collier County or ❑ Lee County: Number of Employees (Including Owner(s) or Corporate Officers): Number of Employees Living in ❑ Collier County or ❑ Lee (Including Owner(s) or Corporate Officers): If requested by the County, Contractor will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in Contractor's submission being deemed not applicable. Contractor Name: Date: Address in Collier or Lee County: Signature: Title: STATE OF FLORIDA ❑ COLLIER COUNTY ❑ LEE COUNTY Swom to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day Of , 2d Notary Public My Commission Expires: #12 -5936 ITB Template_08152012 Packet Page -566- Of2s (AFFIX OFFICIAL SEAL) r V e -n 3/26/2013 16.A.10. #12-5936 29 ITB Template 08152012 Packet Page -567- 3/26/2013 16.A.10. � �rrre.r�.s«wo�.tr Attachment 5: Contractor Submittal — Immigration Affidavit Solicitation: 12 -5936 Beach Maintenance Activities 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 Bids (RFP) submittals. Further, Contractors / 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 Contractor's/bidder's bid. 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 onrl s..�e...�w�., ,.., :�__ -- _& ____•• —_ -. . .. — .. .- - Collier County will not intentionally award County contracts to any Contractor 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 Contractor 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. Contractor 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 Contractor's / Bidder's bid. Company Name I�fcg,�Ctiu ,Z— G QYJ Print Name a, Ct.t Title / lG�l1 i Signature Date 46VI /1'1 a— state of -1l ori County of The foregoing instrument was signed and acknowledged before me this 2?day of Omen �. „ 2012 by s produced aft:;ols\W�t / �QO& t-1 as identification. (Type of Iddritification and Number) EE Ong& • m fn ao16 Notary Commission Number / xpiratioh — cwwt V DOOM . NIWY irdk - Wb of Norw wcWAL hwu ar 10. tot caiuw.tiM � EE o>t�000 The signee of this Affidavit guarantees, as evidenced by the swom affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. #12 -5936 30 ORGAW ITB Temp{ate_08152012 Packet Page -568- 3/26/2013 16.A.10. Attachment 6: Contractor 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 bid. 1. General Information (provide all information) Taxpayer Name La (as shown on income tax retum) Business Name (d difeertt o r aynt �Addrel U-e t- °/1 U P � state lao,, d �- city ze /4 Zip , 1-i yC / Telephone §ZO / -Q(p9 -011'% FAX 57,f / .•T y ';1 (/ ?7 Email Order Information Address (1-705 c&/1,&VUe_ - CityL /4 a.� tate ri- zip aqul FAX ! [/ - 412q- -3, t_/ ?-7 / Email 11� % Qaa �Go 4CCit' ^ 2. Company Status (check only one) Remit / Payment Information Address c Sara City State Zip FAX Email Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax exempt entity Limited Liability Company under Internal Revenue Service guidelines IRC 501 3) Enter the tax classification (c) D = Disre ended Entity, C = CoMorafion, P = Paitnershi 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) -& - 151,961-7 1V ef - (Contractors who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form Certification: Underpenal6es of pe►jury, I certify that the information shown on this form is correct to my knowledge. A / !/ Signature Date " �-- Title R 1T7 Phone Number S(a/ — 1 -7 012 -5936 ITS Template_06152012 Packet Page -569- 0alu"INAL, 31 3/26/2013 16.A.10. Attachment 7: Contractor Submittal - Insurance and Bonding Requirements -t. �� -- t1nce$Bonct 3'pti _«... .a 1. Worker's _.0%, . -_ 'Chapter .:. Statutory Limits of Florida Statutes, pter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $1.000.000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall 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 /Contractor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attomeys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor /Contractor /Consultant or anyone employed or utilized by the Contractor /Contractor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500.000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non -owned /Hired; Automobile Included 5. ❑ Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate #12 -5938 C. A n'B Template 08152012 iii C Packet Page -570- 32 3/26/2013 16.A.10. ❑ Project Professional Liability S Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with bid response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash. bond posted with the County Clerk, or bid bond in a sum equal to 5% of the cost bid. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost bome 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 W or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or speck Project description, or must read: For any and all work performed on behalf of Collier County. 11. Z Thirty (30) Days Cancellation Notice required. Contractor's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm // ` .2? —/ 2_ Contractor 4 �G�1 Signature Print Name '' eezya cl Fasirna•, Insurance Agency ( 4a o u,� -LISI.yy,-7 U Agent Name 81'101 1 Sf Ar Afi Telephone Number 4y -33 Z' I yr% #12 -5936 ITB Template 06152012 Packet Page -571- �Y NAL 33 3/26/2013 16.A.10. _ Attachment S., Rehrenw Questbnnatn Reference Questionnaire for . 4hw /r V r r a>�t �i l ow�i s-o %, L G (Name of Company Requsating- Rabranne tom► (Name of Individuals Requesting Re w"ce inforrrratlon) Name: MiL6fA k4iKe t: , I< -�. {".oa�� 5 54wKs Ee c: wit Com (Evaluator completing refetance qua) (Evaluators (E valuators cohP.ny aonplStinp np) , Ernet-MO )iu GW,LPc ado\ u% "- FAX: TeyiphoM.3oS-96l -34SS Collier County is Implerrmrtting a process that ooliects roferonoe informaibn an firms and their In the selection of firms b perform this key panel b be.used a disnt fw which they have previous Proj� The Name of the Company Nsbd in the &object abaft has Noted you as best of previously Per10, with work Please compote the survey. Please b Suh rxibri b the Your knowledge on r acme n 1 b at ou a very. ling that you wars very sadsifed (and would him Vie If you. doonnotahow again) that YOU were very. (and would never hire the fsWindkduW again). be scored 00.0 knowledge of unsatisfied performance M a Particular ares, leave it blank and the.itern orYbrm will Project Descript ion: Ulww,,� &A Complstion Date: cb ru*.tu ?a, ;LQ l a. � Project Budget: W�S,CS� =UO Project Number of Days: �y . —04a 00 vuAc1 des Change Orders - Dollars Added: Change Ordm - Days Added: A&-_ T - -- ttty to manage the project oosb (minimire change orders to scope), as 2 Abll to maintain (� kY project schedule (oomPiete on -time orsarl�i). 8 Quality of werlc ( O ....o..., w, wlwouiiauve auvwe provided on the project. ProfessioruNsm and abil � ky . manage personnel. Close out project process (final Product turnover; invoices; menusis or ii*g forward doc umentabon, etc.) Abllibr b verbally communicate and document Information dearly and suodnoxly. Cv Arbiltity to Manage risks and unexpected Projea drr:umstanoes. (O MiNty to ldiow Cou Pckdes. procoduras, r�uh a, regulations, atc. 5yerall COMM level with hiring the oompany in.ft future (customer satisfaction), Ib Please FAX this completed survey to: 4se, 1614 Ar BY U6.4-, 1 r 1 r / . 1�s4 � sfm�.- rccgq� 44-s/nt: fowl — :1z -sos Vv rTB Te r0ft 04152012 yy 34 C-1, n Packet Page -572- 3/26/2013 16.A.10. Attachment 8: Reference Questionnaire Reference Questionnaire for. , jV � ak G s-e (Name of Company Requesting ference Information (Name of Individuals Requesting Reference Information) Name: `%l760'9El. 270- Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) a33 -ay33 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 firmrndivkival again) and 1 representing that you were very unsatisfied (and would never hire the firm/vldivdival 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.' .�i�r6�� Su►�o Project Description: _Qggwr Completion Date: Izriz2el Project Budget: &7 M Change Orders- Dollars Added: Project Number of Days: _,527 Change Orders - Days Added: Item Citerla Score 1 Ability to manage the project costs (minimize change orders to scope). �G 2 Ability to maintain project schedule (complete on -time or early). /d 3 Quality of work �o 4 Quality of consultative advice provided on the project. /a 5 Professionalism and ability to manage personnel. /o 6 Close out project process (final product turnover; Invoices; manuals or going forward documentation, eta) /o 7 Ability to verbally communicate and document information clearly and succinctly. /0 8 Abiltity to manage risks and unexpected project circumstances. /O 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). /0 TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: L.Sa j 4jt MG✓J By /ed - l r 1 r o- %sdt Orasfrn"e4 re�cr- srnc. roM 012 -5836 34 ITS Templed 06152012 ®r., 'AV1,, Packet Page -573- 3/26/2013 16.A.10. Attachment 8s Reference Questionnaire Reference Questionnaire,for: AgS4W)0,01 AX a 4 fit ' y-e6, G (Name of Company Name:C'LzJj e�i p_ Company; Galuatoes Co - Co cJ� G'�i"�: (Evaluator coat ng q n ircj . (Evaluators Companycompleting +efinance) 3 Collier County is.implementing a process:#W collw 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 hes fated yours , a dient:for which they beve previously. performed work. Plesse:compiete the surrey. Please rate each °arilip -1 10 ft best of your knowledge on a scale .oF 1 to 1.0, with 10 representing that you were very eaiisifed (and woukt hiiu,ttre firrMndividual again) and 1 representing that you were very unsatfs0ed (and would never. .hire tile - WMdNC" sgRIn): If you do not have sufficient knowledge of past performance to a partloular area, leave it blank andt te. ftm or form:wnl be scored *0 ' Project Description: 'e`ztN Completion Daft: -M,AV I- Z 01.1 &I . Project Budget 15 A . 9;&A_ 00 Project Number of Days: 90 Change Orders - Dollars Added:: _ Change Orders - Days Added: !taro Citerle sects 1 Ability to manage the Project costs (minimize .change orders to scope). J: O 2 Ability to maintain project schedule (complete on4me or early). '..� 3 Quality of worts. 1 b' 4 Quality of consultative advice :provided on the project. 0 S Professionalism and ability to manage personnel. 6 Close_ out. project.process (final product turnover, invoices; manuals or forward documentation; etc.) 1 C} T Ability to verbally communicate and document information dearly and suc dnctiy. t fl 8 Abiitity to manage risks and unexpected project ciroumstanoes. O 9 Ability to follow County policies, procedures, rules, regulations, etc. d 10 Overall comfort Itvel.with hiring the company in the future.(oustomer, satisfaction). TOTAL SCORE OF ALL 11WS ' Please FAX this completed . survey to:. 1_11 6 rhV11 ;n . By 22 !L1 $124938 a ✓ 34 ITS TM Pbft 08182012 f J i i _ 3 Packet Page -574- 3/26/2013 16.A.10. nd�o� Attachment Si Reference Questionnaire Reference Duestion.nairefor' Ea34wwn �qorr a P I-e L, (Name of Company Requesting erenoe Infpnnatio. (Name of Individuals Requesting Reference Information) Name: (_e,v b '► Company; (Evaluator-completing i6ferenoe questionnaire) ( Evaluator's Company completing reference) 18 ►5 u- 06FAX: 5br -233— - 233 -2519 Collier County Is implementing a process that eotleCts 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 Iri the Subject above has listed 'yoU as a client for which fhey 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 satfsffed. (and would hire the frmUindividuai again) end 1 representing that you were very unsatisfied (and Would never hire the limVindivdilual again). If you do not have sufficlent knowledge of past:perfcNnmanoe In a particular area., leave it blank and the item or form will be scored *0." % Project Description: T_)V yuZ Jec5 4 cJI o r Completion Date: 2 I i i /so Project Budget: , , _210,57q. (-0 Project Number of Days:. ,7 Change Orders - Dollars Added : Change Orders -Days Added: 3 82::� S Item Citeria s3core. 1 Ability to manage the project costs (minimize change orders to scope). 0 2 Ability to maintain project schedule (complete on-time or earift 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project g 0 5 Professionalism and ability to manage personnel, Q 6 Close out project process (final product turnover, invoices; manuals or going forward documentation, eta) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Ablitity to manage risks and. Unexpe.GW project circumstances. q 9 Ability to follow County policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 0 TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: LIJQ By tvad• 112 -5936 V 34 rTB Temple — 08162012 ORIGNAL Packet Page -575- 3/26/2013 16.A.10. Attachment 8: Reference Questionnaire Reference Questionnaire for: ARS4MCA17 �4 rr� a �t � %, ,CG G (Name of Company Name: e, Company: APO : J T�{,.,el�yy 5 �..•�:� ...�„}- (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: '? Se O a 4,e J 4-o—.c. GSID.oc�'{1 Collier County is implementing a process that coNwW 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 hsa eed you as a client for which they have previously performed work. Please complete the survey. Please rata each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satistfed (and would hint the firm/Individual again) and 1 representing that you were very unsatisfied (and would never hire the fimWndivftai again). If you. do not have sufficient knowledge of past performance 10 a particular area, leave it blank and the item or form wM be scored '0.* Project Desaiptioni ?�Qe �.. _ lie. cl. -�.I t; , , Completion Date: f=ail. zoe-s- Project Budget b Project Number of Days: 3 6 H Change Orders - Dollars Added: Change Orders - Days Added: Item . Citeris Score 1 Ability to manage the.pmject costs (minlmtW change orders to scope). to 2 Ability to maintain project schedule (complete on-time or early): 30 3 Quality of work. 1© 4 Quality of consultative advice provided on the project to 5 Professionalism and abky to manage personnel. 10 6 Close out project process (final product.tumover, invoices; manuals or going forward documentation, etc.) t 7 Ability to verbally communicate and document Information clearly and succinctly. S Abiltity to manage risks and unexpected project circumstances. to 8 Ability to follow County policies, procedures, rules, regulations, etc. t'e 10 Overall comfort level with hiring the company M the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: -isre c Ei t rm,-2 By Wed.$, �-- �j 112 -563s t Jv v ITS TO"O t —08182012 Packet Page -576- ORIGNAL 34 3/26/2013 16.A.10. _ Project Name; Jupiter Dune Resoration Client Name: Palm Beach County ERM Client Address: 2300 N. Jog Road, West Palm Beach, FL Phone Number: 561- 233 -2400, Reuben Bishop Nature of Work: Haul, Convey & Place 60,000 tons of sand Contract Completion Time: 60 days Actual Completion Time: 50 days Actual Final Contract Completion Date: 2/24/2012 Original Contract Price: $1,290,575.00 Actual Final Contract Price: $1,079,280.00 Project Name; Hollywood Beach Renourishment Client Name: City of Hollywood Client Address: 1621 N 14th Ave, Hollywood, FL Phone Number: 954 -921 -3990, Moe Anuar Nature of Work: Supply, Haul & Place 150k tons of sand Contract Completion Time: 120 days Actual Completion Time: 101 days Actual Final Contract Completion Date: 3/28/2012 Original Contract Price: $3,668,910.00 Actual Final Contract Price: $2,469,366.00 ORIGINAL Packet Page -577- 3/26/2013 16.A.10. Project Name: Miami Dade Beach Erosion Control & Hurricane Protection Project Client Name: Great Lakes Dredge & Dock Co. Client Address: 2122 York Rd., Oak Brook, IL 60523 Phone Number: 630 - 805 -4049, Sam Morrison Nature of Work: Prepare 8,460' for dredge pipe installation and excavate 135,420 CY of borrow site material. Contract Completion Time: Not specified Actual Completion Time: 145 days Actual Final Contract Completion Date: 10/18/2012 Original Contract Price: Determined by various rates Actual Final Contract Price: $1,576,564.60 Project Name: Key Biscayne Beach Renourishment Client Name: Village of Key Biscayne Client Address: 88 West McIntyre St., #230, Key Biscayne Phone Number: 305 - 365 -5506, John C. Gilbert Nature of Work: Haul, Convey & Place 60,000 tons of sand Contract Completion Time: 60 days Actual Completion Time: 55 days Actual Final Contract Completion Date: 7/18/2012 Original Contract Price: $1,569,875.66 Actual Final Contract Price: $1,759,533.13 Packet Page -578- ORIGINAL 3126/2013 16.A.10. I&M K :498AW 444 z : Project Name: Singer Island Dune Restoration Client Name: Palm Beach County - ERM Client Address: 2300 North Jog Road, West Palm Beach Phone Number: (561) 233 -2433, Mike Stahl Nature of Work: Supply, Haul, Convey & Place 38K tons of beach sand. Contract Completion Time: 30 days Actual Completion Time: 30 days Actual Final Contract Completion Date: 2/3/2011 Original Contract Price: $1,174,259.00 Actual Final Contract Price: $1,164,141.94 Project Name: Summer Haven FEMA Berm Client Name: St. Johns County Client Address: 2740 Industry Center Road, St. Augustine, FL Phone Number: (904) 209 -0128, Andrew Aimes Nature of Work: Supply, Haul, & Grade 47,250 tons of sand. Contract Completion Time: 60 days Actual Completion Time: 28 days Actual Final Contract Completion Date: 2/23/2011 Original Contract Price: $423,031.00 Actual Final Contract Price: $423,031.00 C. ?lGINA! I Packet Page -579- FA-MA 3/26/2013 16.A.10. x-Simtla r k- pwftwasalawt. year:* Project Name: Coco Plum & Sombrero Beach Client Name: City of Marathon Client Address: 9805 Overseas Hwy., Marathon, FL Phone Number: 305 - 743 -0033, Susie Thomas - Nature of Work: Supply & Haul 10k tons of beach sand Contract Completion Time: 120 days Actual Completion Time: iii days Actual Final Contract Completion Date: 3/10/2011 Original Contract Price: $379,840.00 Actual Final Contract Price: $314,433.00 Project Name: Naples Berm Restoration Client Name: Collier County Client Address: 3299 Tamiami Trail E, Naples, FL Phone Number: 239- 252 -2966, Gary McAlpin Nature of Work: Haul, Convey & Place 43K tons of sand Contract Completion Time: 60 days Actual Completion Time: 30 days Actual Final Contract Completion Date: 3/30/2011 Original Contract Price: $546,864.00 Actual Final Contract Price: $546,864.00 Packet Page -580- 0;7XINAL 3/26/2013 16.A.10. Project Name; Coquina Beach Client Name: Great Lakes Dock & Dredge Co. Client Address: 2122 York Rd., Oak Brook, IL Phone Number: (630) 574 - 3000, Chris Pomfret Nature of Work: Excavate, Sift & Grade 95K cy Contract Completion Time: 60 days Actual Completion Time: 50 days Actual Final Contract Completion Date: 11/5/2011 Original Contract Price: $417,346.00 Actual Final Contract Price: $379,711.22 CR,IGINAL Packet Page -581- 100--1 3/26/2013 16.A.10. Similar work over the past (5) years: Project Name: Lighthouse Beach Truck Haul Fill Project Client Name: City. of Sanibel Client Address: 800 Dunlop Road, Sanibel, FL 33957 Phone Number: (239) 472 -6397, Gates D. Castle Nature of Work: Supply, Haul & Place Beach Sand (6,000 cy) Original Contract Completion Time: 20 days Actual Completion Time: 18 days Actual Final Contract Completion Date: 1/15/2010 Original Contract Price: $175,222.92 Actual Final Contract Price: 189,860.47 Project Name: Ibis Isles Wetland Restoration Client Name: Palm Beach County - ERM Client Address: 2300 North Jog Road, West Palm Beach, FL 33411 Phone Number: (561) 233 -2433, Julie Mitchell Nature of Work: Supply, Haul, & Convey sand for muck capping of 8 acres. Original Contract Completion Time: 210 days Actual Completion Time: 200 days Actual Final Contract Completion Date: 1/22/2010 Original Contract Price: $438,439.90 Actual Final Contract Price: $1,360,975 Project Name: Juno Beach Project - Sand Screening Client Name: Palm Beach County - ERM Client Address: 2300 North Jog Road, West Palm Beach, FL 33411 ' Phone Number: (561) 233 -2433, Ruebin Bishop Nature of Work: Excavate & screen 200k yards of dredged sand Original Contract Completion Time: 30 days Actual Completion Time: 30 days Actual Final Contract Completion Date: 4/29/2010 Original Contract Price: $985,488.87 Actual Final Contract Price: $988,404.87 Packet Page -582- P. A r � r �.r► �'I fill �� 3/26/2013 16.A.10. Similar work over the past (5) years: Project Name: S365 A & B Canals Client Name: Cherokee Enterprises Inc. Client Address: 14474 Commerce Way, Miami Lakes, FL 33016 Phone Number: 904 - 377 -3078, Joe Weeks Nature of Work: Supply & haul 18k yards of select sand for construction of a coffer dam for the Army Corps of Engineers. Original Contract Completion Time: N/A Actual Completion Time: 90 Days Actual Final Completion Date: June 10, 2010 Original Contract Amount: 95,625.73 Actual Final Contract Amount: $118,415.00 Project Name: South County Regional Park Client Name: Malphrus Construction Client Address: 426 Red Oaks Lane, Ridgeland, SC 29936 Owner Phone Number: 561- 233 -0261 (PBC - ERM) Nature of Work: Load, haul & place 68k yards of material for Original Contract Completion Time: N/A Actual Completion Time: 110 Days Actual Final Completion Date: July 9, 2010 Original Contract Amount: $301,760.70 Actual Final Contract Amount: $422,000.00 Project Name: Oyster Reef Restoration Client Name: CSA International, Inc. Client Address: 8502 SW Kansas Ave., Stuart, FL 34997 Phone Number: 772 -219 -4930, David Spennachio Nature of Work: Load, haul & convey 5k yards of oyster clutch for 2 acre oyster habitat. Original Contract Completion Time: 60 Days Actual Completion Time: 57 Days Actual Final Completion Date: July 28, 2010 Original Contract Amount: $15,514.40 Actual Final Contract Amount: $65,150.00 O Packet Page -583- 3/26/2013 16.A.10. Similar work over the past (5) years: Project Name: Pond Hawk Natural Area Restoration Project Client Name: Palm Beach County - ERM Client Address: 2300 North Jog Road, West Palm Beach, FL 33411 Phone Number: (561) 233 -2433, Frank Griffith Nature of Work: Excavate and construct a 22 acre wetland Original Contract Completion Time: 120 days Actual Completion Time: 94 days Actual Final Contract Completion Date: 7/21/2010 Original Contract Price: $344,621.94 Actual Final Contract Price: $322,903.38 Project Name: Lake Ida Wetland Restoration Client Name: Palm Beach County - ERM Client Address:. 2300 N. Jog Road, West Palm Beach, FL 33411 Phone Number: (561) 233 -2433 �. Nature of Work: Excavation & grading of ponds, walkway and green areas Original Contract Completion Time: 60 days Actual Completion Time: 50 days Actual Final Contract Completion Date: 5/20/09 Original Contract Price: $261,118.00 Actual Final Contract Price: $396,290.00 j Project Name: City of DeerFeld Beach Dune Restoration Client Name: City of Deerfield Beach Client Address: 401 SW 4t' Street, Deerfield Beach, FL 33441 Phone Number: (954) 288 -7103 Nature of Work: Supply, Haul, Convey & Place Beach Sand (11,000 tons) ' Original Contract Completion Time: 30 Days Actual Completion Time: 7 Days Actual Final Contract Completion Date: 2/11/09 Original Contract Price: $312,840.00 Actual Final Contract Price: $312,840.00 ORIGINAL Packet Page -584- 3/26/2013 16.A.10� Similar work over the past (5) years: Project Name: South Palm Beach Dune Renourishment Client Name: Palm Beach County Environmental Resource Mgmt. Client Address: 2300 North Jog Road, WPB, FL 33411 Phone Number: (561) 233 -2433 Nature of Work: Supply, Haul, Convey, Place DEP Sand (12,000 tons) Original Contract Completion Time: 60 Days Actual Completion Time: 14 Days Actual Final Contract Completion Date: 1/20/2009 Original Contract Price: $372,348.24 Actual Final Contract Price: $373,348.24 Project Name: City of Deerfield Beach Dune Restoration Client Name: City of Deerfield Beach i Client Address: 401 S.W. 4"' Street, Deerfield Beach, FL 33441 Phone Number: (954) 288 -7103 i Nature of Work: Supply, Haul, Convey & Place Beach Sand (11,300 tons) Original Contract Completion Time: 30 Days Actual Completion Time: 12 Days a Actual Final Contract Completion Date: 2/12/2008 i Original Contract Price: $282,691.00 ! Actual Final Contract Price: $420,247.00 Project Name: Singer island Dune Renourishment Client Name: Palm Beach County Environmental Resource Mgmt. Client Address: 2300 North Jog Road, WPB, FL 33411 Phone Number: (561) 233 -2433 Nature of Work: Haul, Convey & Place DEP Approved Beach Sand (58,115.53 tons) Original Contract Completion Time: 60 Days Original Contract Completion Date: 23 Days Actual Final Contract Completion Date: 1/24/08 Original Contract Price: $814,805.29 Actual Final Contract Price: $814,805.29 C, ^1GZNAL Packet Page -585- /1-11*1, 3/26/2013 16.A.10. Similar work over the past (5) years: Project Name: South Palm Beach (Reach 7 & 8) Client Name: Town of Palm Beach Client Address: 951 Old Okeechobee Rd, Unit D, WPB, FL 33401 Phone Number: (561) 838 -5440 Nature of Work: Scarp Removal & Dune Grading Original Contract Completion Time: 7 days Original Contract Completion Date: 2/22/07 Actual Final Contract Completion Date: 2/22/07 Original Contract Price: $57,945.00 Actual Final Contract Price: $57,945.00 Project Name: Oceans Edge 0 Singer Is /and Client Name: Toll Brothers, Inc. Client Address: 5300 W. Atlantic Avenue, #300, Delray Beach, FL Phone Number: (561) 637 -8890 Nature of Work: Supply, Haul, Convey & Place Beach Sand (6,000 tons) Original Contract Completion Time: 4 days Original Contract Completion Date: 11/8/07 Actual Final Contract Completion Date: 11/10/07 Original Contract Price: $133,750.00 Actual Final Contract Price: $115,037.69 Project Name: Singer Island Dune Emergency Restoration Client Name: Palm Beach County Environmental Resource Mgmt. Client Address: 2300 North Jog Road, WPB, FL 33411 Phone Number: (561) 233 -2433 Nature of Work: Supply, Haul, Convey, Place DEP Sand (70K tons) Original Contract Completion Time: 23 days Original Contract Completion Date: 6/26/07 Actual Final Contract Completion Date: 6/28/07 Original Contract Price: $1,290,178.88 Actual Final Contract Price: $1,481,412.44 Packet Page -586- ORIGN41.1 i 3/26/2013 16.A.10. Similar work over the past (5) years: Project Name: Jupiter Beach Dune Restoration Client Name: Palm Beach County Environmental Resource Mgmt. Client Address: 2300 North Jog Road, WPB, FL 33411 Phone Number: (561) 233 -2433 Nature of Work: Supply & Deliver DEP Approved Sand (9,500 tons) Original Contract Completion Time: 7 days Original Contract Completion Date: 7/13/07 Actual Final Contract Completion Date: 7/13/07 Original Contract Price: $169,559.08 Actual Final Contract Price: $169,559.08 Project Name: Phipps Beach Project Client Name: Bean Stuyvesant, LLC Client Address: 1055 St. Charles Ave., New Orleans, LA 70130 Phone Number: (504) 587 -8700 Nature of Work: Haul & Place Beach Sand (40.300 tons) Original Contract Completion Time: 4 days Original Contract Completion Date: 4/20/06 ; ' Actual. Final Contract Completion Date: 4/20/06 �I Original Contract Price: $168,382.00 { Actual Final Contract Price: $168,382.00 Project Name: Lake Worth Beach to Sloan's Curve Client Name: D.S. Eakins Construction Corporation Client Address: PO Box 530185, Lake Park, FL 33408 Phone Number: (561) 842 -0010 Nature of Work: Haul & Place Beach Sand (80,000 tons) Original Contract Completion Time: 38 days Original Contract Completion Date: 2/26/05 Actual Final Contract Completion Date: 2/26/05 Original Contract Price: 471,317.50 Actual Final Contract Price: 471,317.50 C i' �x ?? Packet Page -587- 3/26/201316.A.10. 1 i LEASTMAN ul Acg DUNE RESTORATION SERVICES TEAM QUAUFICA71ONS Packet Page -588- C; fr-., fll I/ 4W VAts f 3/26/2013 16.A.10. EASTMAN #E1 DUNE RESToEtATICN SERVICES I►GGRE4ATE.EIfT[1tPNtfls, ut _ ., . ,,. 1 ORIGNAL Packet Page -589- 3/26/2013 16.A.10. EASTMAN DuNiB RESTORATION SERVICES SAND SCREENING EQUIPMENT SAND TILLING EQUIPMENT SAND SHOOTER EQUIPMENT Packet Page -590- 3/26/2013 16.A.10. State of Florida Department of State I certify from the records of this office that EASTMAN AGGREGATE ENTERPRISES, LLC is a limited liability company organized under the laws of the State of Florida, filed on August 30, 2004. The document number of this limited liability company is L04000064140. I further certify that said limited liability company has paid all fees due this office through December 31, 2012, that its most recent annual report was filed on March 29, 2012, and its status is active. I further certify that said limited liability company has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Eleventh day of October, 2012 Secretary ofState Authentication ID: 200240711752- 101112- L04000064140 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:// efile .sunbiz.org/certauthver.html Packet Page -591- t • .A /1-1` EinpIoyerWizaM E-Verify, Employment Etigibttity Verification Click any for help Home 3/26/2013 16.A.10. Page 1 of 1 l r` walkwo a„Tro 1Y <T: Yti! Last LOels Lisa Eastman LEAS9719 09:50 AM - 10/1112012 Log out My Caws Company Information Now Ca se View Casty Company Name: Search Cases Employer Identification Number: 201558749 View Essential Resources Company 1D Number. My Froflis Doing Buslneas As (DBA) Edk Profile Name: Change Password DUNS Number Change Security Questions Physical Location: My Company Address 1: Edit Company Proms Address 2: Add New User City: View Existing Users State: Clow Company Account ZJp Code: County: My Reports View Reports Eastman Aggregate Enterprises, LLC 382510 879924959 3705 Bellevue Avenue Lake Worth FL 33481 PALM BEACH Employer Category: None of these categories apply Mailing Address: Address 1: Address 2: City: State: Zip Code: ,Yfaw! Edk • ' NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Vkw.J Eaft' ., Total Hiring Sites: 1 Total Points of Contact; 2 U.& DGPNlr roMoTHwWandSaurity- www.dhs.gov U.3CktonahipeWlmn**Uon Serviost- www.usds.gov 0.1 ,Edit iat ACCMt ity Downbad Viewers 7,h 4 s: / /e -veri fY- USCiS. ov /em P /Em P to erWiza*ri stcn,v In/I I/?nI? Packet Page -592- Additional InforrimUon: My Resources Employer Identification Number: 201558749 View Essential Resources Total Number of Employees: 10 to 19 Take Tutorial Parent organization: Yew User Manuel Administrator. Contact us organization Designation: Employer Category: None of these categories apply Mailing Address: Address 1: Address 2: City: State: Zip Code: ,Yfaw! Edk • ' NAICS Code: 238 - SPECIALTY TRADE CONTRACTORS Vkw.J Eaft' ., Total Hiring Sites: 1 Total Points of Contact; 2 U.& DGPNlr roMoTHwWandSaurity- www.dhs.gov U.3CktonahipeWlmn**Uon Serviost- www.usds.gov 0.1 ,Edit iat ACCMt ity Downbad Viewers 7,h 4 s: / /e -veri fY- USCiS. ov /em P /Em P to erWiza*ri stcn,v In/I I/?nI? Packet Page -592- 3/26/2013 16.A.10. FLOS001 OP ID: NX Mmonryr) A`,_°RO' CERTIFICATE OF LIABILITY INSURANCE D405h2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement s PWOUCER 954-735-55N Gateway Insurance Agency 954 -T35 -2852 Fort Lauderdale Branch NAME: GENERALLWBIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE D OCCUR 2430 W. Oakland Park Bivd Fort Lauderdale, FL 33311 INSURE AFFORDNDCOyERAOE NA1CS SURA ERA:The Charter Oak Fire Ins Co 25615 PRMAGET"aoctrrence NSUR® Florida Solis & Aggregates LLC.. •.R LLC BEL Equipment Leasing LLC EasNan Aggregates Inc Attn: Mr. Bernard D. Eastman 3705 Bellevue Avenue INSURER B: St. Paul Travelers 00070 NBURERc:Technol Insurance CO. $ 1.000, NSUIM D: INSURER E : S zwoloO INSURER F : PRODUCTS. COMPW AGG Lake Worth FL 33461 COVERAGES CERTIFICATE MLIMRFR• REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF NSURANCE SHOULD ANY OF THE ABOVE DESCRIBND POLICIES BE CANCELLED BEFORE PROOF OF INSURANCE POLICY NLa18ER AUTHORIZED REPRESENTATIVE LIMITS A GENERALLWBIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE D OCCUR DTC04994C94ACOF12 04116/12 04116/13 EACH OCCURRENCE $ 1,000,0 PRMAGET"aoctrrence $ 500,00 MED E)V (Any one person) S Sr PERSONAL L ADV INJURY $ 1.000, GENERAL AGGREGATE S zwoloO GEN'L AGGREGATE LIMIT APPLIES PER: POUCY X P LOC PRODUCTS. COMPW AGG f 2,000, $ A AUTOMOBILE LIABILITY X ANY AUTO ALL AUTOS OWNED SCHEDULED NON-OWNED HIREDAUTOS DT8104984C94ACOF12 04116 /12 04 /16113 ec $ 1,000,0 BODILY NJ:RY(Perperson) S BODILY NJJRY (Per accident) $ Peraccident) A f S B X UMBRELLA LIAB EXMCESSLA"U X OCCUR CLAIMS -MADE UP4984C94ATIL12 0411 6112 04/16/13 EACH OCCURRENCE S 6,000,0 AGGREGATE $ 6,000,00 X RETENT Nf 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABARY ANY PROPRETORIPARTNERADECUTIVE YIN OFFICERRR EXCLUDED? (Mandatory In NH) H s, d -cribo unde S RIPTION OF OPERATIONS Delow NIA TWC3311749 USL &H INCLUDED 04/01%12 04101/13 X STATUS �- E.L. EACH ACCIDENT $ 1r000,D E.L. DISEASE - EA EMPLOYEE $ 1,OOr E.L. DISEASE - POLICY LIMIT S - 1,000,0 DESCRIPTION OPERATIONS I LOCATIONS t VEHICLES (ACadr ACORD 101, Additional Remarks Behedule, M mss span Is requlrad) CERTIFICATE HOLDER CANCELLATION PROINIO SHOULD ANY OF THE ABOVE DESCRIBND POLICIES BE CANCELLED BEFORE PROOF OF INSURANCE THE EXP5tAT1ON DATE THEREOF, NOTICE WBl BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 94090- 01908 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 0-. ia' .1i bIi Packet Page -593-