Loading...
Backup Documents 05/08/2018 Item #16A18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 18 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office C,IYY(:) 4. BCC Office Board of County :1165-)i4 �j Commissioners 4. Minutes and Records Clerk of Court's Office 51 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso for Adam Northrup Contact Information 239-252-8407 Contact/Department Agenda Date Item was May 8,2018 Agenda Item Number 16A18 Approved by the BCC Type of Document Contract Number of Original Attached Documents Attached PO number or account N/A 17-7188 Prof Sery for Cardne,Inc. number if document is Nearshore Hardbottom CSA osar to be recorded Monitoring S INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK BL 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be BL signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/8/2018 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. © EC .� \ f �'- kC - i d'Q- OX' add 1I COPV -1-° MAY 01 2018 1 � (� h+ i 9(�� �1 6b �1 v Risk Management 16A18 MEMORANDUM Date: May 11, 2018 To: Ana Reynoso for Adam Northrup, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #17-7188 "Professional Services for Nearshore Hard Bottom Monitoring" Contractor: CSA Oceans Sciences, Inc. Attached for your records is an original of the referenced document above, (Item #16A18) adopted by the Board of County Commissioners on Tuesday, May 8, 2018. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16A18 FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 17-7188 for Professional Services for Nearshore Hardbottom Monitoring THIS AGREEMENT, made and entered into on this aih day of 1'-Y120 ($ , by and between CSA Ocean Services Inc. authorize to do business in the State of Florida, whose business address is 8502 SW Kansas Avenue, Stuart, Florida 34997 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval n on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for one (1 ) additional two (2 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ( I Purchase Order n Notice to Proceed IC Work Order. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of❑■ Request for Proposal (RFP) ❑ Invitation to Bid (ITB) ❑ Other ( ) # 17-7188 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 16A18 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): E Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. III Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.1) C 16A18 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ❑ Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. Page 3 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.1) C`�Q 16A18 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: CSA Ocean Services Inc. Address: 8502 SW Kansas Ave Stuart, FL 34997 Authorized Agent: Attention Name & Title: Chip Baumberger, Project Scientist II Telephone: 772-219-3000 E-Mail(s): cbaumberger@conshelf.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Amy Patterson Division Name: Coastal Zone Management Address: 2685 S, Horseshoe Drive, Unit 103 Naples, FL 34104 Administrative Agent/PM: Gary McAlpin, Manager Telephone: 239-252-5342 E-Mail(s): Gary.McAlpin@colliercountyfl.gov 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 Agreement must be in writing. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.1) C 1 6 A 1 8 9. 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 Agreement 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n 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. n Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 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. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.l) 16A18 The coverage must include Employers' Liability with a minimum limit of $ 100,000 for each accident. D. (Ui Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. E. i Cyber Liability: Coverage shall have minimum limits of$ 1,000,000 per occurrence. F. n Technology Errors and Omissions: Coverage shall have minimum limits of $ 1,000,000 per occurrence. G. n Watercraft: Coverage shall have minimum limits of $ 1,000,000 per occurrence. H. U] United States Longshoreman's and Harborworker's Act Coverage shall be maintained where applicable to the completion of the work $ 1,000,000 per occurrence. I. n Maritime Coverage (Jones Act): Coverage shall have minimum limits of $ 1,000,000 per occurrence. L. n (other): Coverage shall have minimum limits of $ per occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify 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. Page 6 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 16A18 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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 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. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Coastal Zone Management 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), El Exhibit A Scope of Services, Exhibit B Fee Schedule, • RFP/❑ ITB/r1 Other #17-7188 , including Exhibits, Attachments and Addenda/Addendum, subsequent quotes, and II Other Exhibit/Attachment: Truth in Negotiation Certificate and Grant Documents Page 7 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) (C4 1 6 A 1 8 17. APPLICABILITY. Sections corresponding to any checked box (E) will expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with 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; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 16A18 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. 21. 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 Agreement to other governmental entities at the discretion of the successful Contractor. 22. 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. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. 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 Page 9 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) CA® 1 6 A 1 8 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. 25. 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. 26. KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 27. _ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ❑� ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) C 1 6 A 1 8 imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement#2017-001(Ver 2) 1 6 A 1 8 IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF •UN. Y COMMI : •, RS COLLIER ' •U , FLORI F, a /i Dwig E. Brock, CI of Courts =y: \..•. ,..lith C_ By: a,.. ., , Chairman .Dated: I 111 t Es (SEAL) Attest as to Chairman's Contractor's titlit3tliggIN. E • ' Contractor tact 01 /-Ch By: �' Cont actor21(4's First Witness Signaturet / ,4':w/ ' 'A/ LEG -Sa^i C1-- K. Type/print signature and title TType/print witness name ntr.ctor'� e' c l Witness � vqv,--E5 /cycL.'S TType/print witness nameT Approved as two Form and Legality: ( i3 )7171SS rg)i- - County A t rney CAI IPen Nt• Pet}-_ item# I °;6 Print Name Acenda Date L Date Re 'd ,. .4.113 • ` 1. Deputy Cierk--- Page 12 of 15 Fixed Price Professional Service Agreement#2017-101(Ver I) CO 1 6 A 1 8 Exhibit A Scope of Services • following this page (pages through ) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.1) CAO 16A18 Additional Negotiated Terms and Conditions 1. This contract will include the following monitoring functions: • Hardbottom Monitoring • Biological Monitoring • Seagrass surveys and reports • Monitoring for Pipeline corridors both pre and post renourishment • Technical Bathometric surveys • Hardbottom edge mapping(Post Storm) • Coral relocations 2. All work will be performed per FDEP permit guidelines and monitoring standards. 3. A Pre-Survey conference will be performed prior to any work taking place. This conference will discuss: • Timing of the survey and report • The scope of work to be performed • All resources needed to perform the scope of work 4. Tentative resources provided by Collier County or CSA "Consultant" to include: • Vessel and fuel • Side Scan Survey equipment • Two (2) Divers • Boat Captain • Tanks and refills • Other Equipment 5. All current permits and biological monitoring plans will be reviewed to assure current transect monitoring requirements and current permit conditions are met. 6. CSA will provide a proposal to Collier County's Project Manager to document the scope and pricing. Pricing shall identify a not-to-exceed time and material fee. 7. If Collier County resources/assets (personnel, equipment and supplies) are not available or acceptable to CSA, then CSA has the right to provide their personnel, equipment or supplies and be reimbursed by Collier County at the appropriate contract Rates. All fees will be incorporated into the Work Order prior to commencement of the services. 8. A Collier County Work Order(utilizing a County template)will be written by Collier to perform the work. 9. The Work Order will be reviewed and approved by CSA, County Staff, Coastal Advisory Committee, Tourism Development Council and Board of County Commissioners "Board". Page 1 of 2 1 6 A 1 8 10. Services shall not commence without a Board approved Work Order. 11. Prior to deployment and mobilization, a conference will be held to assure that the originally proposed Collier assets will be available and deployed as planned. If Collier cannot provide the assets after the Work Order has been approved by the Board, a Change Order will be processed to include the needed equipment. CSA will provide the required equipment and invoice in accordance with the Contracted price. 12. CSA will provide technical oversight, direction and responsibility for the data Collection phase of this contract. Collier County will augment CSA's resources by providing assets outlined during the pre-survey conference and pre-mobilization meeting. Collier County will provide additional resources but all work will be performed under CSA's direction and supervision. 13. The Data Analysis and report will be completely CSA's responsibility with no input from Collier County. Page 2 of 2 16A18 Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES (RPS) In accordance with Florida Statute 287.055 Consultants' Competitive Negotiation Act FOR Professional Services for Nearshore Hardbottom Monitoring RPS NO.: 17-7188 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 • TELEPHONE: (239) 252-2667 FAX: (239) 252-2810 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal,cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 1 TABLE OF CONTENTS 1 6 A 1 8 ITEM DESCRIPTION 1.0 Introduction 2.0 Background 3.0 Request for Professional Services(RPS)Process 4.0 Grading Criteria for Development of Shortlist Instruction to Proposers 5.0 Questions 6.0 Pre-Proposal Conference 7.0 Compliance with RPS 8.0 Ambiguity,Conflict,or Other Errors in the RPS 9.0 Proposals,Presentations,and Protest Costs 10.0 Delivery of Proposals 11.0 Validity of Proposals 12.0 Method of Source Selection 13.0 Evaluation of Proposals 14.0 References 15.0 Reserved Rights 16.0 Collier County Purchase Order Terms and Conditions Additional Terms and Conditions for RPS 17.0 Insurance and Bonding Requirements 18.0 Additional items and/or Service 19.0 County's Right to Inspect 20.0 Vendor Performance Evaluation 21.0 Additional Terms and Conditions of Contract 22.0 Public Records Compliance 23.0 Payment Method 24.0 Environmental Health and Safety 25.0 Licenses 26.0 Survivability 27.0 Principal/Collusion 28.0 Relation of County 29.0 Termination 30.0 Lobbying 31.0 Certificate of Authority to Conduct Business in the State of Florida(Florida Statute 607.1501) 32.0 Single Proposal 33.0 Protest Procedures 34.0 Public Entity Crime 35.0 Security and Background Checks 36.0 Conflict of Interest 37.0 Prohibition of Gifts to County Employees 38.0 Immigration law Affidavit Certification 39.0 Term of Contract Attachments Attachment A-Scope of Services Attachment B-Required RPS Forms Grant Contract Provisions and Assurances FOR QUALIFICATIONS SUBMITTAL 16 A 18 REQUEST FOR PROFESIONAL SERVICES(RPS)NUMBER: 17-7188 PROJECT TITLE: Professional Services for Nearshore Hardbottom Monitoring PROPOSAL OPENING DAY/DATE/TIME: September 4,2017 at 3:00 P.M. PLACE OF PROPOSAL OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIIAMI TRAIL EAST,BLDG C-2 NAPLES,FL 34112 1.0 INTRODUCTION As requested by the Collier County Coastal Zone Management Division(hereinafter,the"Division"),the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Professional Services (hereinafter,"RPS")with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The purpose of this monitoring plan is to determine potential nearshore hardbottom impacts resulting from the placement of beach compatible sand on the Collier County beach shoreline from beach renourishments, as well as potential impacts from Doctors Pass maintenance dredging project and the Wiggins Pass maintenance dredging and navigation improvement project. 2.0 BACKGROUND Nearshore hardbottom habitat is present along the Collier County shoreline.Hardbottom resources have been identified through sidescan sonar survey and diver verification on several occasions. 3.0 REQUEST FOR PROFESSIONAL SERVICES(RPS)PROCESS 3.1 The selection process will involve a two step proposal review to minimize Proposers' costs in preparing initial qualification proposals and expediting the review process. The Proposers will initially submit a qualifications proposal which will be scored based on the criteria in Section 4.0 Grading Criteria for Development of Shortlist,which will be the basis for short-listing no less than three(3)firms. The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and scored by the COUNTY. The COUNTY will then issue an invitation for oral presentations(Step 2)to at least the top three short-listed firms and produce a final ranking for approval by the Board of County Commissioners. Upon approval, the County will enter into negotiations with the top ranked firms to establish cost for the services needed. With successful negotiations, a contract will be developed with the selected firm,based on the negotiated price and technical components. The COUNTY plans to include an allowance in the contract for items such as changes in scope and permit acquisition. 3.2 The COUNTY will use a Selection Committee in the Request for Professional Services selection process. 3.3 The intent of the Step 1 scoring of the qualifications proposal is for consultants to indicate their interest, relevant experience,financial capability,staffing and organizational structure. 3.4 Based upon a review of these qualification proposals,the top three(3)short-listed firms will be requested to submit Step 2, to make oral presentations. 3.5 The scores from the RPS - Step 1 used for short-listing for this Project will not be carried forward for the Step 2 of this selection process. 3.6 The intent of the Step 2 oral presentations is to provide the firms with a venue where they can conduct discussions with the Selection Committee to clarify questions and concerns before providing a final rank. 3.7 After review of the Step 2 oral presentations,the COUNTY will rank the Proposers based on the discussion and clarifying questions on their approach and related criteria, and then negotiate in good faith an Agreement with the top ranked Proposer. 3.8 If, in the sole judgment of the COUNTY, a contract cannot be successfully negotiated with the top-ranked firm, negotiations with that firm will be formally terminated and negotiations shall begin with the firm ranked second. If a contract cannot be successfully negotiated with the firm ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked firm, and so on. The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY. 1 6 A 4.0 GRADING CRITERIA FOR DEVELOPMENT OF SHORTLIST: 4.1 For the development of a shortlist,this evaluation criteria will be utilized by the COUNTY'S Selection Committee to score each proposal. Consultants are encouraged to keep their proposals concise and to include a minimum of marketing materials. Proposals must address the following criteria: Evaluation Criteria Maximum Points 1. Ability of Professional Personnel 20 Points 2. Certified Minority Business Enterprise 5 Points 3. Past Performance 25 Points 4. Project Approach,Willingness to Meet Time and Budget Requirements 20 Points 5. Location 10 Points 6. Recent,Current,and Projected Workloads of the Firm 20 Points TOTAL POSSIBLE POINTS 100 Points Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four (24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County's financial system of record.The tie breaking procedure is only applied in the final ranking step of the selection process.In the event a tie still exists, selection will be determined based on random selection by the Procurement Services Director before at least three(3)witnesses. Each criterion and methodology for scoring is further described below. EVALUATION CRITERIA NO. 1:ABILITY OF PROFESSIONAL PERSONNEL(20 Total Points Available) This criterion measures the ability of professional team personnel as shown by their level of experience on projects of similar type,size and complexity. This criterion measures how well the team is staffed to address all facets of the project. It measures how well the team is organized to deliver the project for the COUNTY. Preference will be given to teams with knowledge and experience with local construction and regulatory conditions and who demonstrate a strong commitment to team collaboration proximate to the project site. Preference will also be given to teams(both individual within the teams and the companies making up the team)that have worked together on successful delivery of similar projects. It measures the overall level of the team's qualifications to successfully complete the project. EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points Available) Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified Minority Business Enterprise EVALUATION CRITERIA NO.3:PAST PERFORMANCE(25 Total Points Available) This criterion measures the professional team's past experience with projects similar in size,type and complexity as this project. The professional teams will be evaluated on their Hard Bottom Monitoring projects of the size and scope of this project, including the experience the team members proposed on this project have together on the previous projects presented. Experience with all elements of the project scope as generally described herein will be evaluated,with specific emphasis on experience addressing the technical, community and project delivery categories. The professional team's minimization of change orders will be an important consideration. Preference will be given to Hard Bottom Monitoring within the last 5 years in proximity to the proposed project. The County requests that the vendor submits no fewer than three (3) and no more than ten (10) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. Provide information on the projects completed by the Proposer that best represent projects of similar size, scope and complexity of this project using form provided in Attachment B—Form 8. Proposer may include two(2)additional pages for each project to illustrate aspects of the completed project that provides the PSC information to assess the experience of the Proposer on relevant project work. EVALUATION CRITERIA NO. 4: PROJECT APPROACH, WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS(20 Total Points Available) Written overview of the professional team's resources available to complete the services requested in the schedule outlined in the scope of services. The Proposer should illustrate to the COUNTY how they propose to approach the project and 16 A 1 8 assemble the resources to meet each phase and each major element of the project.(Limit response to 3 pages) A conceptual level schedule should be included as a separate page to illustrate concepts of design and permitting time, sequencing of the major elements.(Limit schedule to 1 page, 11"x 17"page size and 40 activities maximum) Written overview of professional team's concept and approach to managing the overall cost of the project.(Limit response to 3 pages) Include in the 3 page response specific information on past project performance that demonstrates the Proposer's ability to meet owners'budgets including change order history on similar projects. EVALUATION CRITERIA NO.5:LOCATION(10 Total Points Available) The professional team's approach to management and execution of work with respect to location of various key project team members will be evaluated under this criterion. The Proposer shall demonstrate from the project kick-off how they will establish the project location in order to manage day-to-day or on-site information collection and distribution between internal and external team members,and County staff,as well as other entities involved in the project. EVALUATION CRITERIA NO. 6: RECENT, CURRENT, AND PROJECTED WORKLOADS OF THE FIRM (20 Total Points Available) This criterion measures the team's proposed resources for the project and their availability to complete all elements of this project with regards to the closeout of recent work, current workload, and projected projects that could impact the completion of this project. INSTRUCTIONS TO PROPOSERS 5.0 QUESTIONS 5.1 Direct questions related to this RPS to the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. 5.2 Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 6.0 PRE-PROPOSAL CONFERENCE 6.1 The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RPS with all prospective Consultants having an equal opportunity to hear and participate.Oral questions will receive oral responses, neither of which will be official, nor become part of the RPS. Only written responses to written questions will be considered official,and will be included as part of the RPS as an addendum. 6.2 All prospective Consultants are strongly encouraged to attend,as,this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 7.0 COMPLIANCE WITH THE RPS 7.1 Proposals must be in strict compliance with this RPS. Failure to comply with all provisions of the RPS may result in disqualification. 8.0 AMBIGUITY,CONFLICT,OR OTHER ERRORS IN THE RPS 8.1 It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict,discrepancy,omission or other error in the RPS,to immediately notify the Procurement Strategist,noted herein,of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RPS from the Procurement Services Division. 9.0 PROPOSALS,PRESENTATIONS,AND PROTEST COSTS 9.1 The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RPS, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable,any protest procedures. 10.0 DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P.M.,Naples local time,on or before August 24,2017 the Collier County Procurement Services Division Online Bidding System website:www.colliergov.net/bid. 10.2 The County does not bear the responsibility for proposals delivered to the Procurement Services Division past the stated date and/or time indicated. 16 A 18 11.0 VALIDITY OF PROPOSALS 11.1 No proposal can be withdrawn after it is opened unless the Consultant makes their request in writing to the County. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 12.0 METHOD OF SOURCE SELECTION 12.1 The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2017-08,establishing and adopting the Collier County Procurement Ordinance. 12.2 If the County receives proposals from less than three (3) firms, the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. 13.0 EVALUATION OF PROPOSALS 13.1 Collier County will evaluate and the proposals and select the firm in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act(CCNA). 13.2 The County's procedure for selecting is as follows: 13.2.1 The Procurement Services Director shall appoint a selection committee to review all proposals submitted. 13.2.2 The Request for Professional Services is issued. 13.2.3 Subsequent to the receipt closing date for the proposals,the Procurement professional will review the proposals received and verify each proposal to determine if it minimally responds to the requirements of the published RPS. 13.2.4 Selection committee meetings will be open to the public and publicly noticed by the Procurement Services Division. 13.2.5 In an initial organization meeting, the selection committee members will receive instructions, the submitted proposals, and establish the next selection committee meeting date and time. After the first meeting, the Procurement professional will publically announce all subsequent committee meeting dates and times. The subsequent meeting dates and times will be posted with at least one(1)day advanced notice. 13.2.6 Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the Request for Professional Services using the Individual Selection Committee Score and Rank Form and prepare comments for discussion at the next meeting. The Individual Selection Committee Score and Rank Form is merely a tool to assist the selection committee member in their review of the proposals. 13.2.7 At the publicly noticed selection committee meeting, the members will present their independent findings / conclusions/comments based on their reading and interpretation of the materials presented to each other,and may ask questions of one another. Time will be allowed for public comment. 13.2.8 Collier County selection committee members may consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including,without limitation, additional information Collier County may request,clarification of proposer information,and/or additional credit information. 13.2.9 Once the individual scoring has been completed, the Procurement professional will read the results publicly. The committee will make a determination on which firms will be invited to give oral presentations by short listing the proposals submitted with the goal of having a minimum of three (3) firms giving oral presentations. The selection committee may ask for additional information, present materials, interview, ask questions, etc. The members may consider any and all information obtained through this method in formulating their final ranking. 13.2.10 The selection committee's overall rank of firms in order of preference(from highest beginning with a rank of one(1)to the lowest) will be discussed and reviewed by the Procurement Professional. By final consensus, and having used all information presented (proposal, presentation, references, etc.), the selection committee members will create a final ranking and staff will subsequently enter into negotiations. 13.3 The County reserves the right to withdraw this RPS at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. 13.4 Receipt of a proposal by the County offers no rights upon the Consultant nor obligates the County in any manner. 13.5 Acceptance of the proposal does not guarantee issuance of any other governmental approvals. 14.0 REFERENCES 14.1 The County reserves the right to contact any and all references submitted as a result of this solicitation. 16 n 1 8 15.0 RESERVED RIGHTS 15.1 Collier County reserves its right in any solicitation to accept or reject any or all bids,proposals or offers;to waive minor irregularities and technicalities;or to request resubmission.Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids,proposals or offers;to award to one or more vendors;to award all or part of a solicitation;and to award by individual line items when it is deemed to be in the best interest of the County.Collier County reserves its right to reject any sole response. END OF INSTRUCTIONS TO PROPOSERS 16.0 COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 16.1 Offer 16.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen(14)days of issuance. 16.2 Acceptance and Confirmation 16.2.1 This Purchase Order(including all documents attached to or referenced therein)constitutes the entire agreement between the parties,unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 16.2.2 No additional terms may be added'and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment,invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 16.3 Inspection 16.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 16.3.2 To the extent that a purchase order requires a series of performances by VENDOR,the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non conforming or otherwise rejected by the COUNTY. 16.4 Shipping and Invoices 16.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.4.2 b) No charges will be paid by the COUNTY for packing,crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 16.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The 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 VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 16.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices,whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218,Fla. Stats.,otherwise known as the"Local Government Prompt Payment Act,"and,pursuant to the Board of County Commissioners Purchasing Policy. A 16.5 Time Is Of the Essence 16.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment,shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 16.6 Changes 16.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty(30)days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 16.7 Warranties 16.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection,acceptance,passage of title and payment by the COUNTY. 16.8 Statutory Conformity 16.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act,the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 16.9 Advertising 16.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services,or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 16.10 Indemnification 16.10.1 VENDOR shall defend,indemnify and hold harmless the COUNTY from any and all claims,including claims of negligence,costs and expenses,including but not limited to attorneys' fees,arising from,caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons),which arise out of or are incident to the goods and/or services to be provided hereunder. 16.11 Warranty of Non Infringement 16.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent,trademark, copyright or trade secret; and c)do not constitute unfair competition. 16.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys'fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 16.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non infringing, (without any material degradation in performance,quality,functionality or additional cost to the COUNTY). 16.12 Insurance Requirements 16.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 1 6 A 1 8 16.13 Compliance with Laws 16.13.1 In fulfilling the terms of this Purchase Order,VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race,religion,sex creed,national origin,handicap,marital status,or veterans'status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 16.14 Force Majeure 16.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control,including,but without limitation to war,strikes,civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 16.15 Assignment 16.15.1 VENDOR may not assign this Purchase Order,nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16.16 Taxes 16.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes,Chapter 212),and from federal excise tax. 16.17 Annual Appropriations 16.17.1 The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 16.18 Termination 16.18.1 This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order,provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 16.19 General 16.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County,Florida 16.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 16.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage,delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 16.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 16.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order,the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase 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. 16A18 ADDITIONAL TERMS AND CONDITIONS FOR RPS 17.0 INSURANCE AND BONDING REQUIREMENTS 17.1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. 17.2 The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein,except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate,require similar waivers of subrogation from the County's separate Consultants,Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. 17.3 Collier County shall be responsible for purchasing and maintaining,its own liability insurance. 17.4 Certificates issued as a result of the award of this solicitation must identify"For any and all work performed on behalf of Collier County." 17.5 The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. 17.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The"Certificate Holder"should read as follows: Collier County Board of County Commissioners Naples,Florida 17.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant's sole responsibility. 17.8 Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation,whichever is longer. 17.9 The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 17.10 Should at any time the Consultant not maintain the insurance coverage(s)required herein,the County may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage(s) and charge the Consultant for such coverage(s)purchased. If Consultant fails to reimburse the County for such costs within thirty(30)days after demand,the County has the right to offset these costs from any amount due Consultant under this Agreement or any other agreement between the County and Consultant. The County shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or companies used.. The decision of the County to purchase such insurance coverage(s) shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 17.11 If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of work,the Consultant shall furnish to the County renewal or replacement Certificate(s)of Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure of the Consultant to provide the County with such renewal certificate(s)shall be considered justification for the County to terminate any and all contracts. 18.0 ADDITIONAL ITEMS AND/OR SERVICES 18.1 Additional items and / or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 16 A 1 8 19.0 COUNTY'S RIGHT TO INSPECT 19.1 The County or its authorized Agent shall have the right to inspect the Consultant's facilities/project site during and after each work assignment the Consultant is performing. 20.0 VENDOR PERFORMANCE EVALUATION 20.1 The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of$25,000. To this end,vendors will be evaluated on their performance upon completion/termination of this Agreement. 21.0 ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 21.1 The selected Consultant shall be required to sign a standard Collier County contract. 21.2 The resultant contract(s)may include purchase or work orders issued by the County's project manager. 21.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County.A sample copy of this contract is available upon request.The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 21.4 The County's project manager shall coordinate with the Vendor/ Contractor the return of any surplus assets, including materials,supplies,and equipment associated with the scope or work. 22.0 PUBLIC RECORDS COMPLIANCE 22.1 Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 22.2 The Contractor must specifically comply with the Florida Public Records Law to: 22.2.1 Keep and maintain public records required by the public agency to perform the service. 22.2.2 Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 22.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 22.2.4 Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,in a format that is compatible with the information technology systems of the public agency. 23.0 PAYMENT METHOD 23.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: 23.1.1 Purchase Order Number 16 A 18 23.1.2 Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN:Accounts Payable 3299 Tamiami Trail East,Suite 700 Naples FL 34112 Or Emailed to: bccauclerk(a),collierclerk.com 23.2 Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6)months after completion of contract.Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"laches"as untimely submitted.Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 23.3 In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 23.4 Invoices shall not reflect sales tax. After review and approval,the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 24.0 ENVIRONMENTAL HEALTH AND SAFETY 24.1 All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration(OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site.All firewall penetrations must be protected in order to meet Fire Codes. 24.2 Collier County Government has authorized OSHA representatives to enter any Collier County facility,property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. 24.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 24.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 25.0 LICENSES 25.1 The Consultant is required to possess the correct Business Tax Receipt,professional license,and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents.Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. 25.2 All State Certified contractors who may need to pull Collier County permits or call in inspections must 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. 25.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at(239)252-2477. 26.0 SURVIVABILITY 26.1Bids(ITBs/RFPs/RPSs): The Consultant agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation Professional Services for Nearshore Hardbottom Monitoring resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 16A18 27.0 PRINCIPAL/COLLUSION 27.1 By submission of this Proposal the undersigned,as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person,company or parties making a Proposal,and that it is in all respects fair and in good faith without collusion or fraud. 28.0 RELATION OF COUNTY 28.1 It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County,and that the County shall be at no time legally responsible for any negligence on the part of said Consultant,their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 29.0 TERMINATION 29.1 Should the Consultant be found to have failed to perform services in a manner satisfactory to the County,the County may terminate this Agreement immediately for cause;further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non performance. In the event that the award of this solicitation is made by the Procurement Services Director,the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 30.0 LOBBYING 30.1 After the issuance of any solicitation,no current or prospective vendor or any person acting on their behalf,shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award(i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii)will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 31.0 CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (Florida Statute 607.1501) 31.1 In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified.Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five(5)days upon notification of selection for award.If the firm cannot provide the document within the referenced timeframe,the County reserves the right to award to another firm. 32.0 SINGLE PROPOSAL 32.1 Each Consultant must submit, with their proposal, the required forms included in this RPS. Only one proposal from a legal entity as a primary will be considered.A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub-consultant to any other firm submitting under the same RPS. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub-consultant to any other firm or firms submitting under the same RPS.All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 33.0 PROTEST PROCEDURES 33.1 Any prospective vendor/proposer who desires to protest any aspect(s) or provision(s) of the solicitation(including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director strictly in accordance with the County's current Procurement Ordinance and policies. 33.2 Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within three (3) calendar days (excluding weekends and County holidays)of the date that the recommended award is posted. 33.3 Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 34.0 PUBLIC ENTITY CRIME 34.1 A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime 16 A18 may not submit a bid,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 35.0 SECURITY AND BACKGROUND CHECKS 35.1 The Contractor is required to comply with County Ordinance 2004-52,as amended.Background checks are valid for five (5)years and the Contractor shall be responsible for all associated costs.If required,Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. 35.2 All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one(1)year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. 35.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident. 35.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract.If there are additional fees for this process,the vendor is responsible for all costs. 36.0 CONFLICT OF INTEREST 36.1 Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RPS document. Disclosure of any potential or actual conflict of interest is subject to County staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. 37.0 PROHIBITION OF GIFTS TO COUNTY EMPLOYEES 37.1 No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences:a.Prohibition by the individual,firm,and/or any employee of the firm from contact with County staff for a specified period of time;b.Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids,RPS, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 38.0 IMMIGRATION LAW AFFIDAVIT CERTIFICATION 38.1 Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. 38.2 The Employment Eligibility Verification System(E-Verify)operated by the Department of Homeland Security(DHS)in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)including Request for Professional Services(RPS)and construction services. 38.3 Exceptions to the program: 38.3.1 Commodity based procurement where no services are provided. 38.3.2 Where the requirement for the affidavit is waived by the Board of County Commissioners 38.4 Consultants/Bidders are required to enroll in the E-Verify program,and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. 16A18 If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's/Consultant's proposal may be deemed non-responsive. 38.5 Additionally, Consultants shall require all subcontracted Consultants to use the E-Verify system for all purchases not covered under the"Exceptions to the program"clause above. 38.6 For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website:http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. 38.7 Consultant acknowledges, and without exception or stipulation, any firm(s)receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324,et seq. and regulations relating thereto,as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 39.0 TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term,if an award is made,will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. END OF ADDITIONAL TERMS AND CONDITIONS FOR RPS 16A18 Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES In accordance with Florida Statute 287.055 Consultants' Competitive Negotiation Act FOR Professional Services for Nearshore Hardbottom Monitoring RPS NO.: 17-7188 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 • TELEPHONE: (239) 252-2667 FAX: (239) 252-2810 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award,or any other legal remedies available to the Collier County Government. 1 6 A 1 8 Attachment A-Scope of Work and Technical Specifications Detailed Scope of Work In February 2003, a sidescan sonar survey was conducted along the Collier County shoreline between monuments R-17 and R-81. The results of this survey documented approximately 500 acres (ac) of low relief nearshore hardbottom formations located within approximately 1,000 ft of the shoreline (CPE, 2004). The results of these investigations were used to assist Collier County and FDEP in the development of the hardbottom monitoring plan for the 2006 project. In compliance with the final FDEP-approved monitoring plan, a pre-construction biological monitoring survey was conducted in 2005, and four post-construction surveys were completed (CPE 2006, 2007a, 2007b, 2009; Collier County, 2009). As compensation for potential effects from the 2006 project to nearshore hardbottom resources, FDEP required that Collier County construct a 1.09-acre artificial reef. This artificial reef was constructed in 2007, and based on two years of monitoring, FDEP determined the artificial reef had provided successful mitigation and that no further monitoring was required. Most recently, hardbottom formations were surveyed in 2013, 2015 and 2016 in association with the 2013-16 Beach Nourishment Project. The FY 2017/18 Hardbottom Biological Monitoring will incorporate the following criteria,guidelines and specifications: • Survey, data collection, analysis recommendations and report to be conducted as per Collier County final Hardbottom Biological Monitoring Plan approved in April 2013. The monitoring plan was developed in coordination with FDEP and is a modified version of the 2006 plan. Field surveying and data collection will be conducted before September 15, 2017. Analysis, recommendations and report to be completed by December 30,2017 • Conform to all aspects of Collier County Beach Renourishment FDEP Permit NO. 02222355- 001-JC and USACE Permit NO. SAJ-2004-08754; Doctors Pass Maintenance Dredging FDEP Permit NO. 0235740-001-JC and USACE Permit NO SAJ-2004-09754; Wiggins Pass Maintenance Dredging and Navigation Improvement FDEP Permit NO. 0142538-001-JC and USACE Permit NO. SAJ-2004-07621. • Reference Collier County Beach Renourishment Project 2016 Hardbottom Biological Monitoring Report dated 2016. • Report shall include renourishment history and dredging history. • The authorized Collier County Beach Renourishment Project is located between R-22+300 and R-79, and includes the periodic renourishment of the Collier County beaches (Vanderbilt Beach, Pelican Bay Beach,Park Shore Beach,and Naples Beach). • Monitoring Transects are identified in Collier County Beach Renourishment Project 2016 Hardbottom Biological Monitoring Report dated December 2016. • Based on analysis of 2013 pre-construction and the 2013, 2014 and 2016 post-construction data, there were no observed project impacts to Vanderbilt Beach, Pelican Bay, Park Shore or Naples Beach segments. Collier County routinely augments the consultants efforts to collect data, perform surveys and provide equipment to minimize costs to the County working under the consultants direction and guidance. We view the consultant as the subject matter expert and provide this assistance to minimize costs. For this monitoring event as has been done for the past 10 years, Collier County will provide the work vessel, vessel captain, 2 divers to survey and collect data and the hypac system. All data collection and field work will be done under the direction and guidance of the consultant. All data analysis and reporting to FDEP will be completely performed by the consultant. 16A18 Collier County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR PROFESSIONAL SERVICES In accordance with Florida Statute 287.055 Consultants' Competitive Negotiation Act REQUIRED FORMS FOR Professional Services for Nearshore Hardbottom Monitoring RPS NO.: 17-7188 EVELYN COLON, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 • TELEPHONE: (239) 252-2667 FAX: (239) 252-2810 evelyncolon@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16A18 Collier County Administrative Services Department Procurement Services Division Form 1:Consultant's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP,please indicate the reason(s)by checking the item(s)listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3295 Tamiami Trail East,BLDG C-2,Naples,FL 34112. We are not responding to CCNA Solicitation 17-7188 Professional Services for Nearshore Hardbottom Monitoring for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications/scope of work. ❑ Specifications/scope of work not clearly understood or applicable(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): Name of Firm: Address: City, State,Zip: Telephone: Email: Representative Signature: Representative Name: Date 16A18 Collier County Administrative Services Department Procurement Services Division Form 2:Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED.Please read carefully,sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included,along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and included. ALL PROPOSALS MUST HAVE THE RPS NUMBER AND TITLE ON THE OUTSIDE OF THE PACKET Name of Firm: Address: City, State,Zip: Telephone: Email: • Representative Signature: Representative Name: Date 16A18 Collier County Administrative Services Department Procurement Services Division Form 3:Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with:Professional Services for Hardbottom Monitoring does not pose an organizational conflict as described by one of the three categories below: Biased ground rules —The firm has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement)which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/past performance of itself or a competitor,which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit,the contractor/consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project;and, 2. Indicate if the information produced was obtained as a matter of public record(in the"sunshine")or through non-public(not in the"sunshine")conversation(s),meeting(s),document(s)and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified,may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signature and Date: Print Name: Title of Signatory: State of County of SUBSCRIBED AND SWORN to before me this day of ,20 by ,who is personally known to me to be the for the Firm,OR who produced the following identification • Notary Public Commission Expiration 1 6 A 1 8 Colter County Administrative Services Department Procurement Services Division Form 4:Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples,Florida 34112 RE: CCNA Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith,without collusion or fraud. The Consultant agrees, if this proposal is accepted,to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. Further,the consultant agrees that if awarded a contract for these services,the consultant will not be eligible to compete,submit a proposal,be awarded,or perform as a sub-consultant for any future hard bottom monitoring or related services associated with work that is a result of this awarded contract. IN WITNESS WHEREOF,WE have hereunto subscribed our names on this day of ,20 in the County of ,in the State of Firm's Legal Name: Address: City, State,Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number CCR#or CAGE Code Telephone: FAX: Signature by: (Typed and written) Title: 16A18 Additional Contact Information Send payments to: (required if different from Company name used as payee above) Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: 16A18 Colter County Administrative Services Department Procurement Services Division Form 5:Immigration Affidavit Certification CCNA Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring This Affidavit is required and should be signed,notarized by an authorized principal of the firm and submitted with formal Request for Professional Services (RPS) submittals. Further, Consultants are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant's proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant 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 Consultant 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. Consultant 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 Consultant's proposal. Company Name Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of ,20 ,by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees,as evidenced by the sworn affidavit required herein,the truth and accuracy of this affidavit to interrogatories hereinafter made. 16A18 Collier County Administrative Services Department Procurement Services Division Form 6:Consultant Substitute W—9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information(provide all information) Taxpayer Name (as shown on income tax return) Business Name(f different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State _ Zip City State Zip FAX FAX Email Email 2. Company Status(check only one) Individual/Sole Proprietor _Corporation _Partnership Tax Exempt(Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity. C=Corporation.P=Partnershiv) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (Consultants who do not have a TIN,will be required to provide a social security number prior to an award). 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 16A18 Goilier County Administrative Services Department Procurement Services Division Form 7:Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liability $100,000 single limit per occurrence 3. Z Commercial General Bodily Injury and Property Damage Liability(Occurrence Form)patterned after the $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury current ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 5. ®Automobile Liability $500,000 Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired;Automobile Included 6. ® Other insurance as ®Watercraft $ 1,000,000 Per Occurrence noted: ® United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ® Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ 1,000,000 Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Pollution $ Per Occurrence Professional Liability $1,000,000 Per claim&in the aggregate ❑Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 16A18 ®Technology Errors and Omissions $1,000,000 Per Occurrence ® Cyber Coverage $1,000,000 Per Occurrence 7. ❑Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑Performance and For projects in excess of$200,000, bonds shall be submitted with the executed Payment Bonds contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided, however,the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, 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. 9. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 10. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® 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. 12. ® Thirty(30)Days Cancellation Notice required. RLC 8/2/2017 Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm Date Consultant Signature Print Name Insurance Agency Agent Name Telephone Number 16A18 collier County Administrative Services Department Procurement Services Division Form 8:Reference Questionnaire Solicitation: 17-7188 Professional Services for Nearshore Hardbottom Monitoring Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: 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."(Please note,references from Collier County staff will not be accepted.) Project Description: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs(minimize change orders to scope). 2 Ability to maintain project schedule(complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration(completed documents,final invoice,final product turnover; invoices;manuals or going forward documentation,etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents,policies,procedures,rules,regulations,etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS 1 6 A 1 8 cfl� coKnty Email: evelyncolon@colliergov.net AdmhistrativeServices!7epartment Telephone: (239)252-2667 Procurement Services Division FAX: (239)252-2810 ADDENDUM 6 Memorandum Date: October 6, 2017 From: Evelyn Colon, Procurement Strategist To: Interested Bidders Subject: Addendum# 6 Solicitation#and Title 17-7188 Professional Services for Nearshore Hardbottom Monitoring The following changes are issued as an addendum for the referenced solicitation: PROPOSAL OPENING DAY/DATE/TIME: e• ::• , ! ^ :!! '" November 13,2017 10.0 DELIVERY OF PROPOSALS 10.1 All proposals are to be submitted before 3:00 P.M.,Naples local time,on or before October 13,2017 November 13,2017 A 3:00PM the Collier County Procurement Services Division Online Bidding System website:www.colliergov.net/bid. 39.0 TERM OF CONTRACT County reserves the right to modify this scope during negotiations for budgetary reasons. The contract term,if an award is made,will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final payment. The contract term,if an award(s)is/are made is intended to be for three(3)years with one(1)two(2)year renewal option. Surcharges will not be accepted in conjunction with this award, and such charges should be incorporated into the pricing structure. Scope of Work Survey, data collection, analysis recommendations and report to be conducted as per Collier County final Hardbottom Biological Monitoring Plan approved in April 2013. The monitoring plan was developed in coordination with FDEP and is a modified version of the 2006 plan. Field surveying and data collection will be Addendum 6 Revised:4/15/10 1 16A18 conducted before September 15,2017. Analysis, recommendations and report to be completed by December 30, 2017. Field surveying and data collection will be conducted in September of each year with analysis, recommendations and report to be completed by December 30,of the same year. If you require additional information please post a question on the Online Bidding site or contact me using the above contact information. 16A18 Exhibit B Fee Schedule following this page (pages 1A through 4 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.1) Exhibit B - Fee Schedule 16 A 18 CSA OCEAN SCIENCES INC. (CSA) Total Labor Rate Schedule for Collier County Effective 1 January 2018 through 31 December 2020 Labor Categories Abbreviations Hourly Rate Senior Scientist 2 SS2 $ 209.59 Senior Scientist 1 SS1 $ 173.27 Project Scientist 3 PS3 $ 139.73 Project Scientist 2 PS2 $ 106.19 Project Scientist 1 PS1 $ 95.02 GIS Manager GISM $ 139.73 GIS Developer GISD $ 122.96 GIS Analyst GISA $ 92.22 GIS Technician GIST $ 81.04 Project Manager 2 PM2 $ 176.06 Project Manager 1 PM1 $ 122.96 Assistant Project Manager APM $ 78.25 Operations Manager OM $ 192.84 Operations Supervisor 2 0S2 $ 156.50 Operations Supervisor 1 OS1 $ 128.54 Technician 3 T3 $ 103.40 Technician 2 T2 $ 89.43 Technician 1 T1 $ 64.27 Technical Editor 2 TE2 $ 111.79 Technical Editor 1 TE1 $ 86.63 Document Processor DP $ 75.46 Clerical CLR $ 55.89 Field Equipment and Supplies: CSA field equipment is billed on a time-rate basis according to CSA's Field Equipment Rate Schedule (1-2). Travel and Per Diem: Billed according to Section 112.061 Florida Statutes Subcontracts and Consultants: Billed at cost plus 5%. Other Expendable Supplies, Materials, and Services: Billed at cost plus 5%. Prices are firm only when signed by an authorized company representative or when taken from current Rate Schedules. CORPORATE HEADQUARTERS REGIONAL OFFICES 8502 SW Kansas Avenue, Stuart, Florida 34997 25310 Clay Road, Katy, Texas 77493 Tel: (772) 219-3000; Fax: (772) 219-3010 Tel: (407)408-3154 e-mail: csa@conshelf.com web: www.csaocean.com 2261 Denley Road, Houma, Louisiana 70363 Tel: (407) 310-3053 24-Hour Response Line: (844) 272-8320 1-la(3/28/18) 1A-4 CSA OCEAN SCIENCES INC. 1 6 1 8 FIELD EQUIPMENT RATE SCHEDULE A GENERAL DESCRIPTION EXTENDED DESCRIPTION PRICE 1-NAV&COMM Survey Software Hypack Max,Hypack Lite 110 Multibeam Survey Software Hypack Hysweep 140 Computer Desktop or Laptop CPU 70 GPS WAAS Garmin 76,76CSX 15 GPS GNSS-high accuracy-handheld Trimble GeoXH 90 GPS DGPS-dual-antenna system Trimble SPS-461 90 GPS RTK-Sub cm accuracy Trimble R8 RTK 600 GLONASS Navigation System Applanix RTK POS MV Surfmaster SFF IP68 500 Diver Survey&Sonar System Shark Marine Navigator Dll 850 Telemetry Survey System Pacific Crest EDL II 30 2-REMOTE SENSING Hydrophone Cetacean CR-1,C54 20 Sound Source Ocean Sonics icTalk 100 Digital Hydrophone Ocean Sonics icListen 200 Acoustic Recorder Loggerhead DSG 110 Acoustic Recorder&Signal Analyzer Develogic Sono.Vault 210 Blast Sensor Array PCB Pressure Sensors W138A01 w/line conditioners 400 Acoustic Modeling Software Navcon dBSea 143 Scientific Echosounder-200kHz Simrad EK60 w/deck unit-200 kHz 550 Scientific Echosounder-38kHz Simrad EK60 w/deck unit-38 kHz 750 Scientific Echosounder-18kHz Simrad EK60 w/deck unit-18 kHz 1,050 Echoview Software Myriax LiveView 200 Single-Beam Echosounder-200 kHz Ohmex Sonarmite BT 100 Single-Beam Echosounder-12/24/200 kHz Teledyne Odom CV300 Single Beam 300 Digital Side Scan Sonar L-3 Communications Klein 3900 400 Digital Side Scan Sonar L-3 Communications Klein 3000 500 Digital Side Scan Sonar&Sub-Bottom L-3 Communications Klein 3000/3310 750 Marine Magnometer Geometrics Marine Magnometer G-822 180 Sub-Bottom System Edgetech SB216 495 Multi-Beam Scanning Sonar Kongsberg Mesotech M3 500 SonarWiz Processing System SonarWiz 6 150 USV(Unmanned Surface Vessel) Searobotics USV-2600 750 3-REMOTE IMAGING MiniROV SeaBotix LBV300-5 w/156m tether 950 Inspection Class ROV Saab Seaeye Falcon ROV w/440m tether 1,500 Towed SD Video System(30m) Aluminum sled w/video,still,LED lights&lasers,5HP winch,cable 400 Towed SD Video System(300m) Aluminum sled w/video,still,P&T,LED lights&lasers,20HP winch, 1,850 cable SD Subsea Video Camera DSP&L MSC 2000,Insite Pacific Aurora,Insite Pacific Nova 70 HD Subsea Video Camera Insite Pacific MiniZeus 300 Drop-Camera System-30m Aqua-Vu AV 760cz 10 Digital Still Camera System Imenco SDS 1210 350 LED Subsea Light Deep Sea Power&Light Sealite Sphere white 25 Pan&Tilt Kongsberg Maritime OE10-102 80 Video Data Management System VisualSoft VisualArchive 150 Digital Video Recorder-SD VisualSoft VisuaIDVR Dual 200 Digital Video Recorder-HD VisualSoft VisualDVR-HD 300 Video&Metadata Encoder VITEC MGW Premium Encoder HD 415 MiniWAASP(Wide Area Aerial Survy Platform) DJI P330Z 250 1-2(1/23/18) 1 of 4 CAO CSA OCEAN SCIENCES INC. 16 A 18 FIELD EQUIPMENT RATE SCHEDULE GENERAL DESCRIPTION EXTENDED DESCRIPTION PRICE 4-IMAGING/DIVER IMAGING Infrared Thermal Imaging Camera FUR BCAM SD 25 Diver GoPro Camera System GoPro Hero 3,4 or 5 w/LCD display,2x SOLA 2000 lights 35 Diver HD Video Camera System Canon XA-10,Sony HDR-HC7,Sony HDR-HC9 95 Diver Digital Still Camera System Canon G11,Canon G12,Sony A5000 55 5-WQ&PHYS 0&MOORINGS CTD-Optical Teledyne RDI Citadel-NV 75 CTD-Real Time only Sea-Bird Electronics SBE-49 FastCAT 100 CTD-Deep water w/internal data logger Sea-Bird Electronics SBE-19PIus V2 w/pump 175 Real Time CTD Kit(PDIM w/deck unit) Sea-Bird Electronics SBE-33 80 CTD Auto Fire Module Sea-Bird Electronics AFM 40 Altimeter(6,000m) Teledyne Benthos PSA-916 20 DO Sensor Sea-Bird Electronics SBE-43 50 pH Sensor(1200m) Sea-Bird Electronics SBE-18 10 pH/ORP Sensor(Redox) Sea-Bird Electronics SBE-27 35 Turbidity Sensor Campbell Scientific OBS-3+ 15 PAR Sensor Biospherical Instruments QSP2300 25 Fluorometer WetLabs CDOM-FLCDRTD,WetLabs ECO-CDOM CD2000 60 Chlorophyll&Turbidity Sensor WetLabs ECO-FLNTURTD 60 pH Sensor(6,000m) AMT UT-pH-EM 40 Temperature&Depth Sensor Seabird Electronics SBE-39 25 Digital Pressure Sensor Seabird Electronics SBE-50 25 CTD-Shallow water w/internal data logger YSI 650MDS(pH/DO/Turbidity) 125 Turbidity Logger Campbell Scientific OBS-3a 25 ADCP-1 MHz Nortek AquaDopp 120 ADCP-600kHz or 1200 kHz Teledyne RDI WHMVM 600,WHM 1200 150 Rowe Sea Watch 600kHz ADCP-400kHz Nortek AWAC 400kHz 230 ADCP-300 kHz Teledyne RDI WHS 300-I-UG48 250 Rowe Sea Watch 300kHz ADCP-300 kHz(6,000m) Teledyne RDI WHS 300-I-UG50 260 ADCP-75kHz w/subsea mooring Teledyne RDI WHLS 75-1-2 350 ADCP-55kHz w/subsea mooring Nortek Signature55 55kHz w/elliptical buoy 820 ADCP Bottom Mount Apple Machine&Supply Bottom Mount 25 ADCP Trawl Mount Mooring Systems MTRBM 60 Mooring Systems In-Line Mount, ADCP Mooring Mount-Shallow water Mooring Systems WH Buoy Mounts, 40 Mooring Systems EB-F-33/FB-33-AWAC ADCP Mooring Mount-Deep water Mooring Systems SB-35/FB-35-WH 60 Syntactic Float Mooring Systems SF-30-1000m 50 Modular Floatation-Medium Trelleborg Micro Modular Buoy(2071bs/2331bs buoyancy) 120 Modular Floatation-Small Trelleborg Nano Modular Buoy(731bs/761bs buoyancy) 40 Trawl Float Mooring Systems 14"Triple Trawl Float 10 w/strength member-800m Subsurface Locator Beacon Xeos Iridium 9603-D-I 40 Tide Gauge Valeport miniTide 50 Wave Gauge RBR RBRvirtuoso D 25 Acoustic Release Teledyne Benthos 866-A 100 Acoustic Release Deck Unit Teledyne Benthos UDB900M,UDB9400 125 Acoustic Modem LinkQuest UVM 2000 100 1-2(1/23/18) 2 of 4 CSA OCEAN SCIENCES INC. 16 A 18 FIELD EQUIPMENT RATE SCHEDULE GENERAL DESCRIPTION EXTENDED DESCRIPTION PRICE 6-SAMPLING Rosette-6 Position(600m) Sea-Bird Electronics SBE-55 200 Rosette-12 Position(6,000m) Sea-Bird Electronics SBE-32 400 Rosette-24 Position(6,000m) Sea-Bird Electronics SBE-32 600 Niskin Water Sampler 1.2L/2.5L/4.0L General Oceanics Niskin 1.2L/2.SL/4.0L 10 Go-Flo Water Sampler-5L General Oceanics GoFlo 5L Teflon coated 30 Go-Flo Water Sampler-10L General Oceanics GoFlo lOLTeflon coated 40 Niskin Water Sampler-30L General Oceanics Niskin 30L 50 Geo Pump Geotech Environmental 900-1280 15 ROV Push Corer ROV Product Services 3"and 4" 10 ROV Box Corer Searobotics 0.25m x 0.25m 75 ROV Suction Sampler Searobotics S.LRP-3 650 Mega-Corer Ocean Scientific Intl Mega-Corer 12-Core 2,500 Box Corer-Small Gray O'Hara design 0.25m x 0.25m 50 Box Corer-Medium Gray O'Hara design 0.35m x 0.35m 75 Box Corer-Large Gray O'Hara design 0.48m x 0.48m 200 Smith Mac Sediment sampler 0.30m x 0.30m 100 Van Veen Sediment Sampler-Small-Young modified 0.20m x 0.20m 25 Van Veen Sediment Sampler-Medium-Young modified 0.30m x 0.30m 35 Van Veen Sediment Sampler-Large 0.51m x 0.42m 65 Ponar Petite 0.152m x 0.152m/2.4L, Ponar/Eckman Sediment Sampler Ponar Standard 0.229 x 0.229m/8.2L 10 Eckman MOCNESS lm Biological Environmental Sampling System MOC-1 1,500 (w/frame,sensors,controls&nets) MOCNESS 1Cm Biological Environmental Sampling System MOC-10 2,000 (w/frame,sensors,controls&nets) Midwater Trawl System Superior Trawl 1.02 x 3.20m 650 Bongo 0.65m Bongo/Neuston/Manta Net System Neuston lx2m, 250 Manta Ballloon Trawl Unit Terrebonne Otter Trawl 15 Kahlsico Triangular Dredge 0.60m Triangle/Rock/Oyster Dredge Benthos Rock Dredge 0.41m x 0.99m 15 Oyster Electro Fish Shocker Smith-Root 5kW pulsed DC 60 7-DIVING Scuba Equipment Set 25 Scuba Tank 80 cubic ft 8 Acoustic Diver Recall System Ocean Ears DRS8/SA400 20 Ocean Reef Neptune Space,Neptune II, Diver Comm.System (deck unit,masks) DiveLink COM-FFA 200 Ocean Technology System MAG 1001S Brownies Hooka Compressor Set Brownies CTD390 80 Dive Tank Compressor Poseidon Air PPFU100,Mako Compressors 50 1-2(1/23/18) 3 of 4 CA® CSA OCEAN SCIENCES INC. 1 �{ (�t A 1 8 FIELD EQUIPMENT RATE SCHEDULE GENERAL DESCRIPTION EXTENDED DESCRIPTION PRICE 8-BOATS&TRUCKS 28 ft Mako Boat w/trailer Mako 650 27ft Catamaran w/trailer Geo Shipyard 2,400 25 ft Parker Boat w/trailer Parker 550 25 ft Pontoon Boat w/trailer Tri-Pontoon 200 Truck Ford F250,F350,GMC Yukon,GMC Suburban 150 Longterm usage rates available Notes:The rates listed above apply when CSA is responsible for loss and repairs. 1-2(1/23/18) 4 of 4 1 6 A 1 8 Other Exhibit/Attachment Description: Truth In Negotiation Certificate and Grant Documents ❑� following this page (pages through ) ❑ this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.1) 1 6 A 1 8 TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, CSA Ocean Sciences, Inc. (company's name) hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning "Professional Services for Nearshore Hardbottom Monitoring "project is accurate, complete and current as of the time of contracting. Frederick B.Ayer II BY: TITLE: Executive Vice President DATE: ga 4,,• / ZUi c 16A18 GRANT DOCUMENTS PAGES GCA1-GCA8 FOLLOWING THIS PAGE 16A18 EXHIBIT 1.A GRANT CONTRACT PROVISIONS FEDERAL EMERGENCY MANAGEMENT AGENCY The supplemental conditions contained in this section are intended to cooperate with,to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern. Contractor means an entity that receives a contract. The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project, In general, 1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts(e.g.subcontract or sub-agreement); 2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor,lower-tier subcontractor or service provider. GCP-1 1bA1 8 EXHIBIT 1.A GRANT CONTRACT PROVISIONS FEDERAL CONTRACT PROVISIONS 1. Lobbying - No funds received pursuant to this Agreement may be expended for lobbying the Federal or State Legislature, the judicial branch, or a federal or state agency. The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. Record Retention—A.The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five(5)years after final payment is made and shall allow the County, the State, or its authorized representatives access to such records for audit purposes upon request. B. In the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the County, the FEMA Administrator, the Comptroller General of the United States, or any of their duly authorized representatives,have disposed of all such litigation,appeals,claims or exceptions related to the litigation or settlement of claims 3. Diversity — All contracting and subcontracting opportunities afforded by this solicitation/contract embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. Firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of thisbid specification. These requirements apply to all bidders/offerors,including those who qualify as a Minority Business vendor. A list of minority owned firths that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. 4. Applicable Laws-The contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the County. The contractor acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations and that FEMA financial assistance may be used to fund the contract.As such, the contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures,and directives. 5. Administrative, Contractual, or Legal Remedies - Unless otherwise provided in this GCP-2 16A18 EXHIBIT 1.A GRANT CONTRACT PROVISIONS contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration,if the parties mutually agree,or in a Florida court of competent jurisdiction. 6. Termination for Cause and for Convenience-This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party,provided that no termination may be effected unless the other party is given: (a)Not less than ten (10) calendar days written notice (delivered by certified mail,return receipt requested) of intent to terminate; and(b)An opportunity for consultation with the terminating party prior to termination. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1 (a) above. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but no amount shall be allowed for anticipated profit on unperformed services orother work, and any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate. Upon receipt of a termination action under paragraphs (a) or(b) above,the contractor shall promptly discontinue all affected work (unless the notice directs otherwise) and deliver or otherwise make available to the local government all data, drawings,reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process. 7. Patents and Data-No reports,maps,or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The grantor agency and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 8. Clean Air Act and Federal Water Pollution Control Act-(1)The contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable stndards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FEMA. 9. Suspension and Debarment - (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000.As such the contractor is required to verify that none of the contractor,its GCP-3 16A18 EXHIBIT 1.A GRANT CONTRACT PROVISIONS principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified(defined at 2 C.F.R. § 180.935). (2)The contractor must comply with 2 C.F.R.pt. 180, subpart C and 2 C.F.R.pt. 3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt. 3000,subpart C,in addition to remedies available to the Florida Department of Emergency Management, the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." (5) The Contractor's debarment and suspension status will be validated by the County at the System for Award Management at w w.sam.aov and the State of Florida at http://dms.mvflorida.com/business/operations/state/purchasing/vendor information. 10. Reporting - The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting.It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information, documentation, and other reporting in order to satisfy reporting requirements to the granting agency. 11. Access to Records—(1)The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents,papers, and records of the Contractor which are directly pertinent to-this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract." 12. Energy Efficiency Standards-The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 13. DHS Seal, Logo, and Flags - "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval." 14. No Obligation by Federal Government-The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 15. Program Fraud and False or Fraudulent Statements or Related Acts - The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 16. Recovered Materials — (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement GCP-4 1 6 A 1 8 EXHIBIT 1A GRANT CONTRACT PROVISIONS Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm. 17. STATE GRANT PROVISIONS Equal Employment Opportunity: No person on the ground of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of,otherwise subjected to discrimination. Discriminatory Vendor List: In accordance with Section 287.134,Florida Statutes,an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity. Interest of Members of Congress:No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest,direct or indirect,in this contract or the proceeds thereof.For purposes of this provision,public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying:No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5),Florida Statutes. Conflict of Interest: This Contract/Work Order is subject to chapter 112,F.S. The vendor shall disclose the name of any officer,director,employee,or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent(5%)interest in the Contractor's company or its affiliates. In order to comply with Florida Auditor General report 201 4-064 regarding conflicts of interest and to be consistent with Section 287, 057(17)(a)(1 ), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitor to the FDEP/County/permittee/engineering consultant. GCP-5 16A18 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Certification regarding Lobbying 3. Conflict of Interest 4. Anticipated DBE,M/WBE or VETERAN Participation Statement 5. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 6. Scrutinized Companies Certification 7. Acknowledgement of Grant Terms and Conditions { GCA- 1 16 A18 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Frederick B.Ayer II P .l-O vet-1 -7A1 r Ob" 'I r"e et 1/2"-All wl Name ( Project Name VuIC'r trio Title Project Number CSA ocean Sciences iv 6S--• nY6 1(61 Firm Tax ID Number DUNS Number Street As City t ',1 Signature GCA-2 16A18 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned Frederick B.Ayer H (Vendor/Contractor)certifies,to the best of his or her knowledge and belief,that: (1)No State appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a member of the Legislature,an officer or employee of the judicial branch,or an employee of a State agency in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State contract,grant,loan,or cooperative agreement. (2) No grantee, nor its persons or affiliates, may employ any person or organization with funds received pursuant to any State agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. The purpose of lobbying includes,but is not limited to, salaries,travel expenses and per diem,the cost for advertising,including production costs;postage; entertainment;and telephone and telegraph; and association dues. The provisions of this paragraph supplement the provisions of section 11.062, Florida Statutes,which is incorporated by reference into this solicitation,purchase order or contract. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. The Vendor/Contractor, CSA Ocean Sciences inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 11.062,Florida Statutes., apply to this certification and disclosure,if any. Frederick B.Ayer II Name of Authorized Official r. c �; �en� Title Signature of Vendor/Contractor's Authorized Official \.5 Date GCA-3 16 A 1 8 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification Collier County Solicitation No. Frederick B.Ayer II , hereby certify that to the best of my knowledge, neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an officer, director,trustee,general partner or employee,or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter, and to disclose any interest I, or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by the conduct of this matter. / Frederick B.Ayer 11 Name Signature 4 -4:—.U;Ge- ?a ck v\�" Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C.App.),Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information.The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations.Additional disclosures of the information on this report may be made: (1) to a federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3)to a source when necessary to obtain information relevant to a conflict of interest investigation or decision; (4) to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding, if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. GCA-4 16 A18 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT ISTHE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, vgTERAN Y ( ) IS THE ACTIVITY OF THIS CONTRACT._ MINORITY OR WOMEN BU9NESSENTERPRISE? DBE? Y CONSTRUCTION? Y ,DE EI BE{V1BE)OR HAVE A SMALL DISADVANTAGED Watt ESS EA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y OTHER? (Y) N SDB®A? Y IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE MIWBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUBISUPPUER PERCENT OF CONTRACT VETERAN NAME SPECIALTY 1SeeBelow) DOLIARAMOUNT DOLLARS TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME Of SUBMITTER DATE TITLE OF SUBMITTER: Frederick B.Ayer$1 '1 4 ;'(t`6 e_• EMAIL ADDRESS OF PRIME{SUBMITTER) TELEPHONE NUMBER FAX NUMBER CL.lzxq> (IX \. -1-t1 6-0 112 i 1q.. •1 72 set O NO'E This information is used to track and report antkipated DBE or MBE participation infederally-funded contracts.The anticipated OBE or MBE amount is voluntary and wilt nut become part of the contractual terms.This form roust be submitted at time aF response to a solicitation.iP and when awarded a County contract,the prime will be asked to update the information For the grant compliance files. Black masriaard BA Hispanic American HA NetiveAnreilcan NA Subccnt.Asian American .SAA Asci-Pedf1cAarrn APA Non-Minont?Women MAW other not of arty other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COWER CONTRACT I[IFBIRIP or POt REGI GRANT PROGRAM/CONTRACT 'ACCEPTED or DATE lJLt1-J 16A18 EXHIBIT LB GRANT CERTIFICATIONS AND ASSURANCES COWER COUNTY GRANT COMPLIANCE FORM 1:IID OPPORTUNITY UST FOR COMMODITIES AND CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES it is the policy of Collier County that disadvontaged businesses and minority panda%us defined in the Code of Federal Regulations(CFR)or Florida Statutes(FS),must have the oaportunity to participate an contracts with federal and/or state grant assistance. Prime Contractor/Prime Consultant ��G��SA Ocean Sciences Inc_ f �l Adrkess and Phone Number. U (32- .V 'C i 06(6 yi rtA I -.* Lttc'k 1 PL `-i if i 1 Procurement Number/Advertisement Number: i `--—1 t The list below is intended to be a listing of firms that arer or attempting to,participate on the project numbered above.The rest must include the firm bidding or quoting as prime,as well as subs and suppliers quoting for participation Prime contractors and consultants must provide information for Numbers i,2,3,and 4;and,should provide any information they have for Numbers 3,6,7,and B.This form must be submitted with the bid package !Q1�!LEJ 1. Federal Tax ID Number. (05--L�3 r 4461 c2S6-Eil DBE a.Annual Gross Receipts 2_Firm Name: ej5ik (12 u - ` ;,e vis3 kV-- Non-DBE Less than$1 mil2on 3_Phone Number - r-lR--1-1Gl - . c)p[r AVE- Between$1-5 million 4_Address '54..i2 ) v� {i AE Between$5-10 million 7T1.0t--I—‘ b.,--_--L_ 3c.4(, li'� 7. Subcontractor Between$10-13 million t t Subconsultant More than$15 million 5_Year Firm Established: I`"1 -I I 1_Federal Tax ID Number: 5.E DBE a.Annual Gross Receipts 2. Firm Name: Non-DBE Les than S1 million 3.Phone timberBetween$1-5 million 4_Address _Betxeen53-10 million 7_ Subcontractor -Between 510-15 milion � Subconsmttant More than$13 million 5.Year Firm Established: 1_ Federal Tax ID Number: 6_EDBE B.Annual Gross Receipts 2.Firm Name: Pion-DBE _Less than$1 miLon 3. Phone Ntm[ber. _Between$1-3 million 4.Address 1--' Between 5 3-10 million 3.1 Subcontractor —Between$1013 millionC Subconsultant More than$13 million 5.Year Firm Established; 1.Federal Tax ID Number: 6- DBE E.Annual Gross Receipts 2. Firm Name: E Non-DBE Les than$1 mdliion 3_Phone!lumber Between$1-5 million 4_Address Between$5-10 million 7.- Subcontractor Between 510-13 maim - Subcansultant More than$15 million 5_Year Firm Established: 1 16A18 EXHIBIT I.B GRANT CERI1}ICATIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703,Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). CSA Ocean Sciences inC. Vendor/Contractor Name Date A A 1`'S Authorized Signature Address L StC) Ati.e } 3k-Cik', (—�L :st-tti q Solicitation/Contract# 11~ 1 1 Cs II GCA-7 1 6 A 1 8 EXHIBIT I.B GRANT CERTIFICATIONS AND ASSURANCES COLT,TER COUNTY Scrutinized Companies Certification The undersigned Frederick B.Ayer II (Vendor/Contractor) certifies,to the best of his or her knowledge and belief,that it is not listed on the • Scrutinized Companies with Activities in Sudan List, • Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,and/or • Scrutinized Companies with Activities in Israel List (eff. 10.1.2016), pursuant to Section 215.473, F.S. The subcontractor further agrees the County may immediately terminate this contract for cause if the vendor/contractor is found to have submitted a false certification or is placed on the Scrutinized Companies list during the term of the Rtigerlok B.Ayer 11 Name of Authorized Official kij ' �C'e. fe,�� Title Ay e A Signature of Vendor/Contractor's Authorized Official 4 )V6 Date GCA-8 • +1 CONTI-2 LD"1=1 IGI ACORD° DATE(MM/DDIYYYY) 1......--- C-ERTIFICATE OF LIABILITY INSURANCE 04/13/2018 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 1 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, 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). PRODUCER • 631-331-7700 CONTACT NAME: Coverage Concepts, Inc. Coverage Concepts,Inc. PHONE 631-331-7700FAx 631-331-7797 4953 Nesconset Hwy. (A/C,No,Ext): I(A/C,No): Port Jefferson Sta.,NY 11776 E-MAIL DR1ESS:sarins@coverageconcept.cam Coverage Concepts,Inc . INSURERIS)AFFORDING COVERAGE NAIC B INSURER A:Crum& Forster INSURED CSA Ocean Sciences Inc. INSURER B:Wesco Insurance Co 8502 SW Kansas Avenue IndemnityLiabilityCO Stuart,FL 34997 INSURER C, & INSURER D:Granite State/Comm&Industry INSURER E:Crum&ForsterlAxis Surplus Ins. INSURER F: •COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. IPOLICY EFF I POLICY EXP I LTR I I TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM!O//YYYYI (MM/DD//YYYYI UMITS A X COMMERCIAL GENERAL LIABILITY1,000,000 EACH OCCURRENCE S CLAIMS-MADE X OCCUR EPK-118090 07!0112417 0710112018 DAMAGE TO RENTED 1,000,000 Y Y PREMISES(Ea occurrence) $ _ I X Professional Liab - GL INCL CONTRACTUAL/XCU MED EXP(Anyone person) $ 10,000 X Contractors Poll $5,000DED,Bl-PD/CPL PERSONAL&ADVINJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _._$ 2,000,000 X POLICY X ,E& LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: E&O 5 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ ANY AUTO y y WPP1567497-00 07/01/2017 07/01/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSONLYX AUTOSBODILY INJURY(Per accident) $ I: X AUTOS ONLY X EtnaY fPcracadenl) MAGE - _ $ E UMBRELLA LIAR X OCCUR EACH OCCURRENCE _$ 10,000,000 X EXCESS LIAB CLAIMS-MADE y y EFX-108253/ELZ95477 07/01/2017 07/01/2018 AGGREGATE $ 10,000;000 DED RETENTIONS _ $ D WORKERS COMPENSATION _ X PER OTt-1- AND EMPLOYERS'LIABILITY yyy///��� WC001672442 CALIFORNIA 07/01/2017 07/01/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE [� y El.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ - 1,000,000 If yes,describe under 1,000,000 • ,DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Ocean Marine . y y MASIHNY0000617 07/01/2017'07/01/2018 Total Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) C:MASIHNY0005517-Maritime Employers Liability(MEL)incl.diver$1,000,000 Per Occurence C: Excess P&I all Vessel!all Interest MASILNY00015817 Total Limit $9,000,000 D:WC001672441 Workers Compensation Including USL&H$1,000,000 Accident Included:Longshore and Harbor Workers Compensation Act Coverage Endorsement CERTIFICATE HOLDER CANCELLATION COLLIER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 3295 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples, FL 34112 %ru..� I / V.A ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I 16 .A18 HOLDER CODE COLLIER CONTI-2 PAGE 2 NOTEPAD: INSURED'S NAME CSA Ocean Sciences Inc. OP ID: EHGI Date 04/13/2018 certificate holder is additional insured with waiver of subrogation where required by written contract signed by both parties. Description of services- Contract-#17-7188-Professional Services•for Nearshore Hardbotton •• - Monitoring •• 64 • 0. if ( ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 A 1 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CMG 5-8-18 4. BCC Office Board of County f\5 Commissioners s/ 511-"/� 5. Minutes and Records Clerk of Court's Office - 1 S.It'v1Q +:ate PRIMARY CONTACT INFORMATION U Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Gail Hambright/Coastal Zone Management Phone Number 239-252-2966 Contact/Department Agenda Date Item was 5/8/2018 Agenda Item Number 16A18 Approved by the BCC Type of Document Contract No. 17-7188 to provide Fixed Term Number of Original 1 Attached Professional Engineering Services for Nearshore Documents Attached Hardbottom Monitoring of Collier County's coast by CSA Ocean Sciences,Inc.,and authorize the Chairman to execute Work Order with CSA Ocean Sciences PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, CMG provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be CMG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the CMG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's CMG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/8/18 and all changes made during the CMG meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for the , Chairman's signature. 1') It 16A18 MEMORANDUM Date: May 11, 2018 To: Gail Hambright, Accountant Coastal Zone Management From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Work Order for Contract #17-7718 w/CSA Oceans Sciences, Inc. Attached for your records is one (1) scanned copy of the original of the document referenced above, (Item #16A18) approved by the Board of County Commissioners Tuesday, May 8, 2018. The original document has been kept by the Board's Minutes & Records Department as part of the Board's Official Records. If you have any questions, please call me at 252-8411. Thank you. Attachment ✓WORK ORDER/PURCHASE ORDER Contract 17-7188 "Professional Services for Nearshore Hardbottom Monitoring" Contract Expiration Date:Aprii-2-3,2021 da, ma 1 This Work Order is for professional Nearshore Hardbottom Monitoring services for work known as: Project Name: Nearshore Hardbottom Monitoring Project No: 195-90033/ The work is specified in the proposal dated April 10,2018 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above,this Work Order/Purchase Order is assigned to: CSA Ocean Sciences,Inc. Scope of Work: As detailed in the attached proposal and the following: * Task I Administration,Travel, Mobilization and Demobilization/ * Task II Field Monitoring Survey * Task III Analysis, Reporting,and Deliverables f. * Task IV Doctors Pass Seagrass Survey and Reporting i * Task V Contingency—Four CSA Divers,Vessel,and Operator / Schedule of Work: Complete work within 150 days from the date of the Notice to Proceed which is accompanying this Work Order. The Consultant agrees that any Work Order that extends beyond the expiration date of Agreement No. 17-7188 will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. Compensation: In accordance with the Agreement referenced above, the County will compensate the Firm in accordance with following method(s): Negotiated Lump Sum (NLS) ❑Lump Sum Plus Reimbursable Costs (LS+RC) atirfie& Material (T&M) (established hourly rate—Schedule B) ❑ Cost Plus Fixed Fee (CPFF), (define which method will be used for which tasks) as provided in the attached proposal. Task I $ 15,158.50(T&M) `/. Task II $ 72,209.94(T&M) ✓ Task III $ 36,900.66(T&M) ✓ Task IV $ 12,547.62 (T&M) ✓ Task V $ 31,588.99(T&M) ✓ TOTAL FEE $168,405.71 (T&M) v/ PREPARED BY: O 't/, i/is .Gary cAl in, CCZna er Date rr p g APPROVED BY: 3Jj\ I ( I'1 l tS A y 'att r , De artment Director' Date APPROVED BY:_ Thaddeus L.Cohen,Department Head GMD Dat= Page 1 of 3 I 16 A19 By the signature below, the Firm (including employees, officers and/or agents) certifies,and hereby discloses,that,to the best of their knowledge and belief,all relevant facts concerning past,present,or currently planned interest or activity(financial,contractual,organizational,or otherwise)which relates to the proposed work;and bear on whether the Firm has a potential conflict have been fully disclosed. Additionally,the Firm agrees to notify the Procurement Director,in writing within 48 hours of learning of any actual or potential conflict of interest that arises during the Work Order and/or project duration. ACCEPTED BY: CSA Ocean Sciences Inc. 9 44/1/tg" Frederick B.Ayer II, Executive Vice President Date Page 2 of 3 CF. 16A18 ATTEST: '?: BOARD OF : IN Y COMMI 4NERS Dwi. . E. Broc let Collier Co . ty, F . da 9 /7/. By 1 r By: A p An•y Solis,Chairman De t Atte�ia�a��s Y�7 signat feed : ATTEST: By: (Print Name/Title Approved as to Form and Legality: "Yv► , 10 ssistant County A orney Page 3 ofiC\ „40) 16 A18 • TECHNICAL & COMMERCIAL PROPOSAL Collier County 2018 Hardbottom Biological Monitoring Submitted to: Submitted By: 1' +i�ttarl e- CSA Collier County, Florida CSA Ocean Sciences Inc. 2685 South Horseshoe Drive Unit 103 8502 SW Kansas Avenue Naples, Florida 34104 Stuart,Florida 34997 Tel: 239-252-2966 Tel: 772-219-3000 16A18 4.!A ett "•i id e'!,r �, _ mss. „ :,;.,«sem Pre+cared For: Prepared B Collier County,Florida CSA Ocean Sciences Inc. Mr.Gary MeAlpin Chip Baumberger Director,Coastal Zone Management Section Project Scientist 2; Capital Project Planning,Impact Fees and Ports,Harbors and Beaches Group Program Management Division Tel: 772-219-3053 I Cell:772-332-7150 Tel:239-252-2966 cbaumberger(aconshelf.com The following versions of this proposal have been issued: Ver. Dote Desert•tion Approved Technical&Commercial Proposal: Collier 01 10 April 2018 CB/DK FA County 2018 Hardbottom Biological Monitoring 02 16 April 2018 Revision for Errors,clarity CB FA The content of this document is the exclusive property of CSA Ocean Sciences Inc. It has been provided for the purpose for which it is supplied and is not for general release or disclosure. The recipient of this document should take all measures to ensure that the contents are only disclosed to those persons having a legitimate right to know. The recipient should also note that this document is provided on the express terms that it is not to be copied whole or in part or disclosed in any manner to third parties without the express authority in writing from CSA Ocean Sciences inc. Cfkta 16A18 1.0 INTRODUCTION CSA Ocean Sciences Inc.(CSA)is pleased to submit this technical&commercial proposal to conduct the required post-construction hardbottom monitoring for the Collier County Beach Nourishment Project in summer 2018 as well as a seagrass survey of Doctors Pass.Our estimate was prepared for a pending work order from Collier County under Professional Services for Nearshore Hardbottom Monitoring contract #17-7188 and is based on the scope of work for the Collier County Beach Nourishment Project Final Hardbottom Biological Monitoring Plan(BMP)(Revised 2013,Attachment).This project will conform to all associated Florida Department of Environmental Protection(FDEP)permits: • Collier County Beach Renourishment FDEP Permit No.02222355-001-JC and USACE Permit No. SAJ-2004-08754; • Doctors Pass Maintenance Dredging FDEP Permit No.0235740-001-JC and USACE Permit No.SAJ-2004-09754;and • Wiggins Pass Maintenance Dredging and Navigation Improvement FDEP Permit No,0142538-001-JC and USACE Permit No. SAJ-2004-07621. The post-construction hardbottom monitoring includes in-water survey of 31 previously established monitoring transects.The survey will be conducted according to the 2013 BMP by experienced marine biologists using similar methods as those utilized in previous surveys for this project.A report of the 2018 results and comparison with previous surveys will be compiled.Per the BMP,the survey will be conducted between 1 May and 30 September 2018 and all data deliverables will be provided within 60 days of completion of fieldwork.Draft and final versions of the report will be submitted within 90 days of completion of fieldwork. The Doctors Pass Maintenance Dredging Seagrass Survey is included as a separate task and includes a 2-day field survey that will be conducted in conjunction with the 2018 Collier County Nearshore Hardbottom Monitoring and compilation of data into a letter report to meet FDEP permit requirements. The purpose of the survey is to assess potential primary and secondary impacts to the seagrass community from maintenance dredging of the Pass. CSA will provide two AAUS-certified marine biologists from our Ports,Beaches,&Harbors(PHB) division to join the Collier County team as Subject Matter Experts who will guide field activities and the data collection processes. 2 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. CAa� 16A18 2.0 SCOPE OF WORK TASK 1:PROJECT MANAGEMENT AND MOBILIZATION CSA will provide project oversight,coordination,and management for the 2018 nearshore hardbottom monitoring program.CSA's Project Manager will be responsible for supervising all managerial aspects of the project and will have oversight of all team personnel,including field scientists(i.e.,Subject Matter Experts),authors,editors,and technical and support staff.CSA will plan and execute project activities in order to meet required deadlines and/or Client needs for the project. CSA will hold a kickoff meeting with Collier County staff to review the scope of work and confirm project logistics prior to beginning mobilization efforts for the monitoring survey.After coordination with Collier County regarding acceptable weather and sea state conditions,CSA will mobilize a two-person scientific dive team and required equipment during ideal sea state and weather windows to perform surveys. It is assumed that Collier County will provide a vessel,captain,and two divers to assist with the survey. Several mobilizations and demobilizations may be necessary to complete all tasks depending on weather and sea conditions.Therefore,Task l includes provision for up to three round trips and associated meals for a two-person team.Additional trips to and from Collier County will be billed on a Time and Materials basis under the agreed upon rates.CSA will confirm visibility of nearshore waters with Collier County staff prior to mobilization to minimize travel back and forth during monitoring due to poor sea state and water visibility.Travel to and from Collier County is anticipated to take 0.5 days each. TASK 2:IIARDBOTTOM MONITORING SURVEY A total of 31 permanent monitoring transects(50-m length)established in 2006 by Coastal Planning and Engineering(CP&E)during the original baseline pre-construction survey will be monitored.The transects are located among four beach segments:Vanderbilt,7 transects(R-21+080 to R-29+700);Pelican Bay, 6 transects(R-31+480 to R-38+380);Park Shore,9 transects(R-43+550 to R-55); and Naples Beach, 9 transects(R-58+300 to R-65).The hardbottom monitoring survey is estimated to take 21 days.CSA will utilize the transect endpoints supplied by Collier County as listed in Table 1 of the BMP to re-survey all transects. Each transect will be re-occupied by extending a 50-m tape along the transect length and aligning it with permanent markers installed and maintained during previous monitoring surveys.CSA will maintain and replace permanent markers as necessary during the field survey. Transect Monitoring Along each 50-m transect,the team will conduct line-intercept and interval sediment depth measurements, survey of 11 benthic quadrats,collect coral photo quadrats,and conduct a coral census as described in the BMP.Quantitative video of each transect will be recorded at 40-cm height off bottom at a slow,4-m/min speed for archival purposes.A Canon XA-10 HD video camera in Light and Motion underwater housing with video lights and two lasers mounted to converge at a point 40 cm from the camera will be used to ensure divers maintain the appropriate height off bottom. Sediment depth measurements will be made at 1-m intervals along the entire length of the transect,with a marked stainless steel sediment probe or ruler inserted up to 30 cm into the sediment. A 0.5-in by 0.5-m quadrat(0.25-m2 area)will be sampled at 11 individual hardbottom locations spaced every 5 m along the transect,in the same locations as those established and surveyed by CP&E.Quadrats containing 100%sand due to cover by sand will be surveyed and included in the dataset. 3 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. C.40) 16A18 u Within each quadrat,percent cover by major benthic taxonomic groups,including macroalgae(total percent cover of the dominant species),corallins algae,sponges,hydroids,wonnrock,octocorals,stony corals,bryozoans,and tunicates,will be visually estimated as well as percent cover of various substrate types. Maximum and average height of the thalli will be measured for the two dominant macroalgae species in each quadrat.Within each quadrat,sediment depth will be measured at five haphazardly selected positions and the maximum vertical relief of hardbottom will be measured.Photographs of each quadrat will be collected at the time of survey. Nearshore Hardbottom Edge Surveys The nearshore hardbottom edge(landward edge of hardbottom)seaward of the equilibrium toe of fill (ETOF)of each beach segment will be mapped during the survey.Two divers will swim the nearshore hardbottom edge located west of the ETOF,videotaping the edge and associated benthic community.The team will tow a DGPS buoy on a short tether(taut-line)that transmits continuous buoy/diver positions to Hypack®hydrographic survey software on board the vessel.The HD video camera will be held at an oblique angle and film simultaneously with the DGPS buoy to allow geo-referencing.If the continuous nearshore hardbottom edge crosses east of the ETOF toward land,the mapping will continue until the edge of hardbottom ends. Pipeline Corridor Surveys If necessary,CSA will perform a pre-construction benthic survey of cross-shore pipeline corridors as marked by the dredging contractor to assess presence and condition of benthic resources(i.e., hardbottom)within the corridor.Following removal of the pipeline,a post-construction survey will be conducted to determine if any hardbottom was impacted during the construction project due to pipeline placement.CSA will survey up to four cross-shore pipeline corridors,each extending from the surf zone to approximately 1,200 m offshore.These tasks are estimated to take 2 days and,for cost-saving purposes,will be conducted in conjunction with the hardbottom monitoring survey.Additional travel to and from Collier County is outside the current scope and would be billed on a time and materials basis at the agreed upon rates. TASK 3: MONITORING DATA DELIVERABLES,ANALYSIS,AND REPORT Data deliverables and reports will be provided to Collier County and the FDEP,with conformance to requirements and schedules set forth in the approved 2013 BMP.A comprehensive raw data deliverable will be provided on an external hard drive within 60 days of completion of field survey activities and will include all video and photo data,Point Count files,Excel spreadsheets of quadrat data,draft GIS shapefiles,and*.pdf copies of field data sheets,as applicable. Notification of survey completion will be made by letter or email to the FDEP Joint Coastal Permit Compliance Officer. Per Contract#17-7188,nearshore hardbottom monitoring results will be compiled into a report by 30 December of the same year(assuming fieldwork is completed by 30 September).The report will discuss the results of the current 2018 Nearshore Hardbottom Monitoring Survey and include comparisons with annual monitoring survey results from the most recent beach nourishment project.The monitoring report will include graphs,tables,and statistical analyses of collected data. Geo-referenced maps showing hardbottom along transects and the nearshore hardbottom edge will be included.All reports will be provided in electronic format with hardcopy upon request. 4 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of �, this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ff, `'� 4,`SCJ; 16A18 TASK 4: DOCTORS PASS SEAGRASS SURVEY To meet the monitoring criteria of FDEP Permit 0331817-001-JC,CSA will perform a submerged resources survey in seagrass communities to assess potential primary and secondary impacts from maintenance dredging of Doctors Pass. Divers will swim previously surveyed transect lines,delineating the extent of seagrass beds using GPS for mapping and area estimations.CSA estimates 2 days to complete the survey. In areas of seagrass,divers will assess Braun-Blanquet quadrats for seagrass species composition and density. Snorkel surveys and diver tows may be employed instead of or in addition to diving surveys to provide adequate coverage in shallow areas and sections devoid of seagrasses.The seagrass survey will be conducted during the peak seagrass growth season between June and September and in conjunction with the hardbottom monitoring when conditions are optimal for survey. Braun-Blanquet quadrats are the approved technique for estimating density and percent cover of seagrasses quickly and efficiently. An appropriate number of 1-m2 quadrats will be distributed among seagrass beds identified during the mapping portion of the survey.Photographs of submerged seagrass communities and other benthic fauna observed during the surveys will be collected. A brief letter report will be compiled to provide habitat maps,estimated densities,and representative photos of the encountered seagrass communities. Deliverables will include all photographs and GIS shapefiles of the mapped seagrass beds within the survey area. For cost-sharing purposes,this survey will be conducted in conjunction with the hardbottom monitoring survey to minimize mobilization and travel expenses. Additional mobilization and travel,if necessary,would be conducted under a time and materials basis at the agreed upon rates. TASK 5: CONTINGENCY CSA DIVER AND VESSEL SUPPORT Tasks 1 through 4 assume that the required four-person dive team will consist of two CSA divers and two Collier County Coastal Zone Management divers working from a Collier County vessel.In the event that Collier County divers are unable to participate,CSA can provide additional scientific divers as necessary. As a contingency,CSA can also provide a suitable survey vessel and operator in the event that the Collier County vessel is unavailable. This contingency task comprises up to 3 days of a full four-person CSA dive team,one vessel operator,CSA vessel,and all necessary equipment normally provided by Collier County as well as travel to and from Collier County.This task is included as contingency and would only be billed if necessary. 5 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. (40 16A18 _ 3.0 DELIVERABLES Deliverables Task 2-Hardbottam Monitoring • All video and photo data • Point Count files Data Deliverables • Excel spreadsheets of quadrat data • Draft GIS shapefiles:pipeline corridors,nearshore hardbottom edge,and transects • Field data sheetsjrovided electronically as*.pdf • Graphs,tables,and statistical analyses of collected data • Geo-referenced maps showing hardbottom along transects and the nearshore Monitoring Report hardbottom edge • Selected qualitative imagery of transects and nearshore hardbottom edge • Provided in electronic format,*.pdf,with hardcopy on request Task 4 Doctors Pass Seagrass Survey • Qualitative photographs Data Deliverables • GIS shapefiles of the mapped seagrass beds within the survey area • Collected quadrat data in Excel spreadsheet format • Habitat maps Monitoring Report • Estimated seagrass and macroalgal densities • Representative photos of the encountered seagrass communities 4.0 PROJECT SCHEDULE The project schedule will be updated twice per month by the Project Manager with input from Collier County and the l DEP(as appropriate)to provide status of task activities and track critical milestones and precedent activities.This bi-weekly update will identify any problems early and enable corrective action to be taken quickly. The updated schedule may be provided to Collier County upon request.CSA will convene a project kickoff meeting with Collier County staff and field survey participants to ensure all necessary personnel,field equipment,and monitoring standard operating procedures are in place prior to initiation of the survey.To minimize mobilization and travel costs,CSA will endeavor to conduct all surveys concurrently as weather permits. 5.0 RATES, RESOURCES, AND BILLING SCHEDULE The rates found in the following table(Table 1)are from the Professional Services for Nearshorc Hardbottom Monitoring Contract#17-7188 between CSA and Collier County,dated April 2018.The costs are on a Time and Materials Not-to-Exceed basis and will be billed monthly once CSA receives the Notice to Proceed. A summary of costs associated with the project is listed below. 'Casks 1-4: $136,816.72 Contingency Task 5: $31,588.99 Total: $168,405.71 Travel to and from Collier County from CSA's office in Stuart,Florida is provided in Task 1;room and board for CSA personnel while in Collier County is provided in Task 2. 6 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of O this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 16 A18 In order to provide Collier County with the most cost-effective program,our proposed cost estimate includes as much mobilization and travel cost sharing as possible. In addition,CSA has conservatively estimated the level of effort in order to decrease the likelihood of change orders or additional approval requirements from Collier County. Utilizing best management practices,we anticipate being able to complete the project tasks within or under the proposed budget(Table 1). Table 1. Cost breakdown of CSA hours,survey days and travel by task. Project Rates Task Description Quantity (USD) Subtotal Total 1 Administration,Travel,Mobilization,and Demobilization S1545$.51) Labor $13,872.10 PS2 86 $106.19 PSI 42 $95.02 PM1 4 $122.96 T1 4 564.27 Travel $1,286.40 Vehicle Rental 8 $63.00 Fuel 96 $3.15 Meals 6 $80.00 2 Field Monitoring Survey $72,209.94 Labor $53,119.44 PS2 264 $106.19 PSI 264 $95.02 Travel $11,258.50 Vehicle Rental 22 $63.00 Fuel-Vehicle 110 $3.15 Lodgi g 44 $136.50 Meals _ 44 $80.00 Equipment $7,832.00 Underwater Video Camera(2) 44 $95.00 Digital Camera(2) 44 $55.00 Dive Equipment(2) 44 $25.00 Diver Recall System 6.6 $20.00 3 Analysis,Reporting,and Deliverables $36,900.66 Labor $36,667.56 SS2 8 $209.59 SSI 8 $173.27 PS3 10 $139.73 PS2 176 $106.19 PSI 72 $95.02 GISA 28 $92.22 GIST 12 $81.04 OM 1 $192.84 TE2 10 $111.79 DP 24 S75.46 Equipment $233.10 Digital Media 2 S78.75 Fedex 2 $37.80 7 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. IC;,°i 16A18 a 4S: 4 Doctors pass Seagrass Survey and Reporting $12 547.62 Labor $11,357.12 PS3 4 $139.73 PS2 56 $106.19 PSI 28 $95.02 GISA 14 $92.22 TE2 4 $111.79 DP 6 $75.46 Travel $870.50 Vehicle Rental 2 $63.00 Fuel-Vehicle 10 $3.15 Lodging 2 $136.50 Meals 5.5 $80.0.0 0 Equipment $320.00 Digital Camera(2) 4 $55.00 Dive Equipment(2) 4 $25.00 5 Contingency-Four CSA Divers,Vessel and Operator $31,588.99 Labor $22,378.84 PS3 44 $139.73 PS2 44 $106.19 PSI 44 S95.02 MEI T3 44 $103.40 TI 44 $64.27 Travel $4,926.15 Fuel-Truck 66 $3.15 Fuel -Vessel 90 $3.68 111 Dockage 3 $52.50 Lodging 20 $136.50 Meals 18.75 $80.00 Equipment $4,284.00 Survey Vessel 3 $550.00 CSA Truck 3 $150.00 Underwater Video Camera(2) 6 $95.00 Digital Camera(2) 6 $55.00 H •ack'RCorn,uter 3 _ $180.00 Dive Equipment(4) 12 $25.00 Diver Recall System 3 $20.00 Dive tanks 48 $8.00 TOTAL $168,405.71 6.0 PROPOSAL TERMS CSA Ocean Sciences Inc.'s commercial proposal price calculations were based upon its"General Terms" as well as"Project-Specific Terms,"which are outlined below. If the Client has issues with any of these items,CSA Ocean Sciences Inc.reserves the right to modify its original proposal price in order to meet any cost increase arising from any modifications requested by the Client. This proposal contains privileged,confidential,and/or proprietary information intended for a specific individual and purpose. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 8 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. 1 6 A 1 8 r � / 5 i 1 �. p F. fr°=f'�",'�" 'i^✓� '�'ni -moi General Terms • Prices are quoted and payable in U.S.Dollars.Prices are exclusive of any local or national taxes, fees,and/or licenses. • Services are subject to availability of personnel and equipment at time of award. • If any proposed equipment becomes unavailable,CSA reserves the sole right to substitute it with any equipment they deem fit. If substituting the equipment results in a price increase,CSA will be required to obtain Client written approval prior to placing said equipment in service. • Mutually agreed upon contract must be executed by both parties before any commencement of work,unless CSA receives a formal"Notice to Proceed."Upon request,CSA can provide a "Notice to Proceed"template. • Payment is due within 30 days of invoice unless otherwise stated in contract. • Any costs for third-party services or supplies not specified included will be billed at cost+5%. Project-Specific Terms • Field days for the environmental sampling are estimated and assume that the vessel,operator, navigation,and two divers will be provided by Collier County.Actual costs charged will be based on the actual number of field days spent by CSA personnel based on rates listed in Table 1. • The field survey operations cost estimate assumes that the required 22 survey days for the nearshore hardbottom and 2 days for the seagrass survey will be completed within three separate survey efforts;any additional costs incurred due to weather and sea conditions,vessel/equipment, and/or other delays will be charged at the stated field day rate. • Tasks 1 through 4 assume that the following will be provided by Collier County at no cost to CSA Ocean Sciences Inc.: o Vessel and captain, o Two field team divers, o Diving tanks, o DGPS buoy with telemetry, o Hypack®navigation, o Transect maintenance equipment and supplies,and o A vessel log of daily activities. • Travel to and from Collier County is anticipated to take 0.5 days each and includes appropriate per diem according to Class B travel. • Task 5 is included as contingency and would only be billed if necessary.The day rate of$8,808 would apply if additional survey time over 3 days is necessary. Reporting • Project technical details,pertinent information necessary for the Project Description section of the report,and other requirements will be provided to CSA in a timely manner • Cost for the project report is derived primarily from direct labor.This cost estimate assumes a single electronic draft document submitted to Collier County for their review and a reasonable number of compiled comments(i.e.,no multiple drafts). • Price for preparation of deliverables is based on a single draft and final document addressing a single set of comments for each deliverable. 9 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. tif.-- t 6 A18 Geospatial • CSA assumes that Collier County will provide all project metadata related to navigational data. • If CSA is responsible for collecting the navigational data: o CSA will utilize the WGS 84 UTM geodesy and F.sri data formats in all geospatial products unless otherwise specified at project outset by the Client; subsequent conversions to other formats and geodesy are provided at an additional cost. o Vertical and horizontal resolution of all geospatial data are provided without reference of vertical data to a tidal datum and at the resolution afforded by equipment,local,and space weather conditions at the time of collection. o CSA's default system is differential GPS;tidal datum integration,where possible,is provided at additional cost and may require installation of tide stations or additional water level measurement methods(RTK). o CSA's geospatial products are not Signed and Sealed by a Professional Land Surveyor unless specified at project outset by the Client;this certification is provided at an additional cost. Thank you for the opportunity to provide Collier County with this proposal.If you should have any questions concerning the proposed costs,please feel free to contact Chip Baumberger by email at cbaumberxer(dlconshel£com or by phone at(772)21.9-3053. 10 Privileged,confidential,and/or proprietary information intended for a specific individual and purpose.Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. ft _.