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Agenda 04/12/2016 Item #16D 8
4/12/2016 16.D.8. EXECUTIVE SUMMARY Recommendation to approve Contract No. 15-6530, "Professional Design Services for Immokalee Fitness Center Remodel," Project Number 33422 with Disney & Associates, P.A. (Fiscal Impact $41,980). OBJECTIVE: To obtain expert professional engineering services for Immokalee Fitness Center Expansion project providing a larger community amenity to benefit low-income neighborhoods. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program funds locally defined needs for programming and infrastructure. On May 26, 2015, Community and Human Services (CHS) and the Parks and Recreation Division entered into a Memorandum of Understanding (MOU) for the design of the Immokalee Sports Complex Fitness Center expansion. This project seeks to design the renovation of the existing facility at Immokalee Sports Complex to double its current size. The current facility is often crowded due to the lack of existing facilities elsewhere in Immokalee. It is anticipated that renovating this facility will allow for improved conditions in this small, cramped fitness center and increase the space used for fitness activities. The expansion of the Immokalee Sports Complex Fitness Center will involve redesign of the existing facility and rehabilitation of the existing adjacent storage facility. On January 26, 2016 (Agenda Item 16D7) the Board of County Commissioners approved the Selection Committee ranking of RFP 15-6530, and approved the negotiation of a contract with Disney & Associates, P.A. Procurement Services staff negotiated a contract and is seeking approval to award this grant-funded project. FISCAL IMPACT: Funding in the amount of$41,980 is available in Public Service Grant Fund (709), project 33422. GROWTH MANAGEMENT IMPACT: This facility is inventoried in the Growth Management Plan and is stated under Policy 3.1.2. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chair to execute Contract No. 15-6530, "Professional Design Services for Immokalee Fitness Center Remodel," with Disney&Associates,P.A. Prepared by:Natali Betancur, Operations Analyst,Parks and Recreation Division Attachment: 1) Contract 2)Exhibit I RFP 15-6530 3) Exhibit II Consultant's Proposal Packet Page -1238- 4/12/2016 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to approve Contract No. 15-6530, "Professional Design Services for Immokalee Fitness Center Remodel," Project Number 33422 with Disney & Associates, P.A. (Fiscal Impact$41,980). Meeting Date: 4/12/2016 Prepared By Name: BetancurNatali Title: Operations Analyst,Parks&Recreation 3/15/2016 5:02:17 PM Approved By Name: WilliamsBarry Title: Division Director-Parks &Recreation,Parks&Recreation Date: 3/17/2016 4:51:19 PM Name: TownsendAmanda Title: Division Director-Operations Support,Public Services Department Date: 3/18/2016 9:08:08 AM Name: BrilhartBrenda Title: Procurement Specialist,Procurement Services Date: 3/23/2016 8:33:29 AM Name: MarkiewiczJoanne Title: Division Director-Procurement Services,Procurement Services Date: 3/23/2016 9:19:42 AM Name: Washburnllonka Title: Manager-Park Operations,Parks&Recreation Date: 3/23/2016 2:09:09 PM Name: HerreraSandra Title: Manager-Procurement,Procurement Services Date: 3/23/2016 2:16:00 PM Packet Page -1239- 4/12/2016 16.D.8. Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 3/23/2016 3:55:12 PM Name: GreeneColleen Title: Assistant County Attorney,CAO General Services Date: 3/24/2016 11:09:43 AM Name: KushiEdmond Title:Accountant, Senior,Grants Management Office Date: 3/24/2016 4:27:22 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 3/25/2016 2:06:33 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 3/25/2016 2:08:28 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 3/28/2016 9:40:55 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/28/2016 10:49:24 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/2/2016 1:02:39 PM Packet Page -1240- 4/12/2016 16.D.8. Contract# 15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" [GRANT FUNDED] PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2016 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER") and Disney & Associates, PA, authorized to do business in the State of Florida, whose business address is 1865 Veterans Park Drive, Suite 301, Naples Florida 34109 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional design services of the CONSULTANT concerning Immokalee Fitness Center Remodel (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional design services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the t Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" ID Packet Page-1241- 4/12/2016 16.D.8. OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Dales Disney, AIA, a qualified licensed professional, to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such 2 Contract#15-6530 IS"Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1242- 4/12/2016 16.D.8. subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3) as follows: (2) In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of 3 4: Contract#15-65 "Professional Design Services for Immokalee Fitness Center Remo. Packet Page -1243- 4/12/2016 16.D.8. the public agency. (3) If a contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the contract. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State 4 Contract#15-6530 e "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1244- 4/12/2016 16.D.8. Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK (Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via a Change Order or an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of 5 Contract#15-6530 col "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1245- 4/12/2016 16.D.8. performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 6 Contract#15-6530 'Professional Design Services for Immokalee Fitness Center Remode 1 Packet Page -1246- i 4/12/2016 16.D.8. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, 7 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" 1 Packet Page -1247- 4/12/2016 16.D.8. capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 8 Contract#15-6530 I:"Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1248- 1 4/12/2016 16.D.8. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. Tasks under this agreement will all 9 Contract#15-6530 1 "Professional Design Services for Immokalee Fitness Center Remodel" ® Packet Page 4249- 4/12/2016 16.D.8. be Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is 10 Contract#15-6530 0"Professional Design Services for Immokalee Fitness Center Remo. Packet Page -1250- 4/12/2016 16.D.8. completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1 CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 11 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" 1�!J Packet Page-1251- 4/12/2016 16.D.8. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self- insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self- insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4 CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor 12 Contract#15-6530 Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1252- 4/12/2016 16.D.8. shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub-subconsultants or sub-subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. 13 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1253- I�I 4/12/2016 16.D.8. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1 CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1 CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2 If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of 14 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1254- 4/12/2016 16.D.8. termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3 OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably possible. 12.4 Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5 The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act 15 Contract#15-6530 c "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1255- 4/12/2016 16.D.8. or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other 16 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1256- 4/12/2016 16.D.8. factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1 CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1 No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1 All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Division 3327 Tamiami Trail East Naples, FL 34112 Telephone: 239-252-8407; Fax: 239-252-6480 Attention: Joanne Markiewicz, Director, Procurement Services Division JoanneMarkiewicz(c�colliergov.net 16.2 All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: 17 Contract#15-6531 'Professional Design Services for Immokalee Fitness Center Remod;e Packet Page-1257- 4/12/2016 16.D.8. Disney&Associates, PA 1865 Veterans Park Drive, Suite 301 Naples, Florida 34109 Phone: (239) 596-2872; Fax: (239) 596-2874 Attn: Dalas Disney, President DalasDAdisnevarchitect.net 16.3 Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1 CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3 This Agreement is not assignable or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4 Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6 This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 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 18 CAO Contract#15-6530 Packet Page 1258-d Design Services for Immokalee Fitness Center Remodel" 4/12/2016 16.D.8. over the terms of all other Contract Documents, except the terms of any Supplemental Grant 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 imposing the more strict or costly obligation under the Contract Documents upon the Consultant at Owner's discretion. 17.9 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.10 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS & SUBCONTRACTORS Exhibit I RFP# 15-6530 Terms and Conditions "Professional Design Services for Immokalee Fitness Center Remodel," including grant provisions Exhibit II Consultant's Proposal ARTICLE EIGHTEEN APPLICABLE LAW 18.1 This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. C) 19 Contract#15-6530 Packet Page 1259 it Design Services for Immokalee Fitness Center Remodel" 4/12/2016 16.D.8. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the 20 Contract#15-6530 Packet Page 1260 it Design Services for Immokalee Fitness Center Remodel" 4/12/2016 16.D.8. State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. (signature page to follow) 21 Contract#15-6530 Packet Page 1261 d Design Services for Immokalee Fitness Center Remodel" 4/12/2016 16.D.8. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for professional design services on the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: Donna Fiala, Chairman proved as to Form and Legality: Assistant County Attorney Name Disney&Associates, PA By: Witness Name and Title Name and Title Witness Name and Title 22 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Q' ` U Packet Page -1262- I 4/12/2016 16.D.8. SCHEDULE A SCOPE OF SERVICES Description of Purchase The project is to make alterations at the existing lmmokalee Fitness Center to expand uses within the current building footprint. The project includes Architectural, Plumbing, Mechanical and Electrical Engineering for the project bidding, permitting and construction. The award of this contract will be dependent upon the granting agency(HUD) approval and release of funding. lmmokalee Fitness Center Alteration/Remodeling —located at 505 Escambia Street, Immokalee, Florida. Scope of Services Task 1 —Preliminary Services 1.1 Acquire, assemble, and coordinate all Architectural scope of work for the project. Research project initial anticipated scope of work and issue to consultants for coordinated effort and elimination of unnecessary services. 1.2 Verify inclusion of necessary services as outlined in the Professional Services Agreement. 1.3 Preparation of all Architectural agreements. 1.4 Set-up all project files, billing procedures, CAD system Management and digital back-up systems. Task 2— Concept Design Services 2.1 The project layout shall be based upon the previous concept design prepared by Disney & Associate, PA. Task 3— Existing Facility Review 3.1 Facility Site Visit Review — Our Engineers shall conduct a non-destructive visual review of the facility to establish the current condition of the structures and the built environment. This review shall include the public and non-public spaces, limited review of accessible spaces, interior and exterior, wall terminations and associated data compilation. Task 4— Design Services 4.1 Special Notation related to Site Development Plans - In compiling the proposal the Consultant has NOT reviewed the existing SDP document(s) as recorded with the Collier County (if any). General determinations have been made and it is understood by all parties that the Architect has not conducted research on the zoning issues of this project and has not included cost for SDP revision or submission of any type. 4.2 Construction Documents — Upon approval of this proposal produce construction and permitting documents for the approved plan concept. Construction plans are the full development of Bidding Documents for the project and are limited to the building face with utility connections coordinated to a connection point within the building. Utilities coordination shall include the domestic water, sanitary sewer, electrical, telephone and cable TN as applicable. Site electrical shall be included for emergency generator back up power and electrical power to site lighting. Documents to be provided but not limited to the following; Architectural location map and Site Plan, floor plan(s) and partial floor plan(s), reflected ceiling plan(s), interior finish indications, door and window schedules, interior wall types and details, with interior elevations. Mechanical and Electrical engineering shall be based upon the final building design and coordinated with the architectural concepts. Fire protection A-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1263- 4/12/2016 16.D.8. sprinkler system is not included. Also included shall be related code information for permit review and bidding by qualified contractors. Task 5—Cost Estimate 5.1 Estimate of Probable Cost — Based upon the approved final Design provide a Estimate of probable cost for the Architects scope of design work. Deliverable shall be a cost report in 8.5 x 11 or 11 x 17 document. Task 6 - Permitting and Bidding 6.1 Permit Submission - Architect shall prepare application documents for building permit and submit on behalf of Collier County. This cost is in addition to the review comment response item below and is for increased level of service. Permit / inspection fees and impact fees are not included and anticipated to be via internal County funds transfer. 6.2 Review Comment Response - Response to Collier County plan review comments and submission of plan revisions as required by the CDES review. 6.3 Bidding Phase Services - Submit drawings and specifications to purchasing or bidders, review of bids, respond to requests for information during bidding. We shall also assist the owner with issuance of addenda for owner changes in the work during the bid period. Task 7 - Construction Services 7.1 Construction Administration Phase Services - During construction we shall review the work for compliance with the contractor's agreement with the owner. Construction services are generally described as reviewing the construction progress on a bi-weekly basis, review contractor payment applications, answering contractors questions (RFI), developing one punch list walk through, one final walk through, and reviewing material and equipment submittals for the project. We anticipate six (6) months construction duration and have included five (5) site visits. Mechanical, and Electrical consultant shall conduct periodic site observations coordinated with the stage of construction, and on call under the direction of the Architect. Task 8-Other Expenses 8.1 Reimbursable Expenses— Expenses incurred in the course of providing services for this project shall be in accordance with those outlined continuing services agreement and are estimated for purposes of Consultant's proposal. This estimate is subject to revision to the actual expenses and shall be limited to the actual expenses only with documentation back-up provided with the Architect invoice. Please note that Schedule B does not include the following: • Geotechnical investigation (Soil borings) • Permits and inspection fees, or impact fees Special or Pile foundations • Structural Threshold Inspection • Civil Engineering • SDP planning and submissions • Landscape and Irrigation design • Equipment layouts, requirements and selections • Video Equipment selections/Design • Special environmental or hazardous-waste permitting • Continuous on-site observation • Revisions after approval which shall be invoiced in addition to basic fees • Other issues not specifically included in the outlined scope of work A-2 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1264- 4/12/2016 16.D.8. SCHEDULE B BASIS OF COMPENSATION LUMP SUM 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then- authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make the lump sum payments to CONSULTANT in accordance with the terms stated below. Payments will be made in accordance with the following Schedule; however, the payment of any particular line item noted below shall not be due until all services associated with any such line item have been completed to OWNER'S reasonable satisfaction. TASK TASK TITLE LUMP SUM FEE 1 Preliminary Services $ 433.50 2 Concept Design Services Included in Task 1 3 Existing Facility Review $ 695.75 4 Design Services $30,499.50 5 Cost Estimate $ 1,950.00 6 Permitting and Bidding $ 2,428.50 7 Construction Services $ 5,473.00 8 Other Expenses [Not-to-exceed] $ 500.00 TOTAL FEE (Total Items 1-8) $41,980.25 B.2.2. The fees noted in Section 2.1. shall constitute the lump sum amount of Forty-One Thousand Nine Hundred Eighty and 25/100 Dollars ($41,980.25) to be paid to CONSULTANT for the performance of the Basic Services. B.2.3. For Additional Services provided pursuant to Article 2 of the Agreement, if any, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided and as set forth in the Amendment authorizing such Additional Services. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provision of Section 3.4.1 below. There shall be no overtime pay on Additional Services without OWNER'S prior written approval. B.2.4. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.5 Notwithstanding anything in the Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this B-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1265- 4/12/2016 16.D.8. Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of"'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and Project name and shall not be submitted more than one time monthly. B.3.3. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.4. CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.4.1. Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.4.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.4.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.4.1.3. Permit Fees required by the Project. B.3.4.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.4.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B-2 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1266- 4/12/2016 16.D.8. SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion as Description from Date of Notice to Proceed for Services under this Agreement* Task 1 Preliminary Services 14 Task 2 Concept Design Services Included in Task 1 Task 3 Existing Facility Review Included in Task 1 Task 4 Design Services 84 Task 5 Cost Estimate 14 Task 6 Permitting & Bidding 56 Task 7 Construction Oversight 180 *Excludes BCC approval time C-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1267- 4/12/2016 16D.8. SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance policies required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1268- 4/12/2016 16.D.8. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three D-2 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1269- 4/12/2016 16.D.8. (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) X $100,000 Each Accident $100,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Required by this Agreement? X Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: X Single Limit per Occurrence $1,000,000 D-3 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page-1270- 4/12/2016 16.D.8. Products/Completed Operations Aggregate $2,000,000 Aggregate $2,000,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. D-4 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1271- 4/12/2016 16.D.8. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: X $1,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. D-5 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1272- 4/12/2016 16.D.8. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent)the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. D-6 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page-1273- 4/12/2016 16.D.8. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Disney & Associates, PA 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 Design Services for Immokalee Fitness Center Remodel are accurate, complete and current as of the time of contracting. Disney&Associates, PA BY: TITLE: DATE: E-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1274- 4/12/2016 16.D.8. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS NAME PERSONNEL CATEGORY ESTIMATE OF TIME Dalas Disney Principal 10% Dalas Disney Sr. Project Manager 40% Tyler Thorpe CADD Technician 16% Jessie Gentile Clerical 5% Burges Brant Sub-Consultant 29% F-1 Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1275- 4/12/2016 16.D.8. EXHIBIT I RFP 15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" (following this page) Exhibit I Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page -1276- 4/12/2016 16.D.8. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Gal ter CO unty Administrative Services Department Procurement Services D�as on GRANT FUNDED - CDBG COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation RFP 15-6530 Professional Design Services for lmmokalee Fitness Center Remodel Brenda Brilhart, Procurement Strategist (239) 252-8446(Telephone) (239) 252-6697(Fax) BrendaBrilhart @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. Prxruremr tServicesDivisinn•3327 Tamaami Trail ESrst•Napes Honda 34112-4901•23:-2:,.2 4?0?• e,ecoi ergo.n Lproaurenxc sereces CCNA(Revision 10152015) Packet Page -1277- 4/12/2016 16.D.8. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 9 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 13 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 16 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 23 ATTACHMENT 2: CONSULTANT CHECK LIST 24 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 25 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 26 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 28 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 29 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 30 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 32 EXHIBIT A— HUD SUPPLEMENTAL CONDITIONS RFP 15-6530 Immokalee Fitness Ctr Remodel 2 Packet Page -1278- 4/12/2016 16D.8. Co Corrier County Administrative Services Department Procurement Services Division Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Professional Design Services for Immokalee Fitness Center Remodel will be received until 3:00 PM, Naples local time, on December 8, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation RFP 15-6530 Professional Design Services for Immokalee Fitness Center Remodel Services to be provided may include, but not be limited to the following: professional design services for renovations of the Immokalee Fitness Center. A pre-proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on November 17, 2015. RFP 15-6530 Immokalee Fitness Ctr Remodel 3 Packet Page -1279- 4/12/2016 16.D.8. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Facilities Management and Parks and Recreation Divisions (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County") has issued this Request for Proposal (hereinafter, "RFP") 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. Brief Description of Purchase Collier County Parks & Recreation intends to make alterations at the existing Immokalee Fitness Center to expand uses within the current building footprint. The project will include Architectural, Plumbing, Mechanical and Electrical Engineering for the project bidding, permitting and construction. The award of this contract will be dependent upon the granting agency (HUD) approval and release of funding. Immokalee Fitness Center Alteration/Remodeling — located at 505 Escambia Street, Immokalee, Florida. Project Assumptions/Description Collier County Facilities Management will make available all pertinent information documents associated with the project for the performance of Architects services. Items include, but are not limited to: existing drawings of the facility for the documentation of existing conditions. The proposal shall include performing services within a one-time basis and for one phase of design services. Due to the nature of this project which are all interior renovations an SDPI will not be required. The existing building shall not be expanded to add additional square footage. The existing uses of the Building shall be altered to increase a fitness area and decrease an existing storage area, modify the internal access, remove two (2) existing overhead doors, add exit door and impact rated windows at the removed overhead door locations, add a new HVAC system in the expansion space, add restrooms, add reception desk, add an acoustical lay in ceiling and lighting within the expansion space, increase electrical outlets for fitness equipment. In the existing space replace all acoustical ceilings, flooring and wall mirrors, paint to match new area. Scope of Services The following services are to be included, but not limited to, in the proposal: • Concept design • Existing facility reviews • Design services • Estimate project probable costs • Permitting • Bidding • Construction administration service Term of Contract The contract term, if an award(s) is/are made is intended to run concurrently with the term of the construction contract plus sixty (60) days to close out the project. RFP 15-6530 Immokalee Fitness Ctr Remodel 4 Packet Page -1280- 4/12/2016 16.D.8. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event Date Issue Solicitation Notice 11/17/2015 Last Date for Receipt of Written Questions 5:00 PM 12/1/15 Pre-solicitation meeting N/A Addendum Issued By 12/4/15 Solicitation Deadline Date and Time 3:00 PM 12/8/15 Anticipated Evaluation of Submittals Week of 12/14/16 Anticipated Completion of Contract Negotiations By 1/31/16 Anticipated Board of County Commissioner's Contract Approval By 2/28/16 Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non- responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. Tab I, Cover Letter/ Management Summary In this tab, include: • Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. RFP 15-6530 Immokalee Fitness Ctr Remodel 5 Packet Page -1281- 4/12/2016 16.D.8. Tab II, Business Plan & Project Approach (30 Points, 1 page limit) In this tab, include: • Understanding of existing Fitness Center's features; • Detailed plan of approach (including major tasks and sub-tasks); and • Project Understanding - Describe the background of the project and the local circumstances driving the need for this program. • Key Issues - Describe the key issues anticipated for this project and summarize your approach to them and your experience dealing with similar issues on other projects. Tab Ill, Workload and Schedule (25 Points, 1 page limit) Provide a statement as to what effect your current workload will have on your ability to perform this work. Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability, capacity, skill, and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. Include the following: • Detailed time line for completion of the project. • Provide current list of projects in the format identified below: Project Original Final Project Number of Start Date End Date Change Description Budget Cost Orders Tab IV, Experience and Capacity of Firm (20 Points, 5 page limit) In this tab, include: • Provide a "not to exceed"two page "Firm Credential and Experience" narrative that identifies and highlights the firms credentials and experience relative to park facilities, permitting, success and cost effectiveness. • Provide brief resumes or bios of key individual and qualifying experience relative to recreational facilities that are available resources and assigned to this project. Include details of unique benefits that the firm offers on this project. • Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. Tab V: Firm Profile and Assigned Staff Experience Profile (Maximum 15 Points, 1 page limit) Provide information that document's your firm's qualification to produce the required deliverables, including abilities, capacity, skill and financial strength in response to the items 1 — 5 below. 1. How many times has your firm been required to reimburse a customer for Errors and Omissions? None = 10 points, 1-5 = 5 points 6 and up = 0 points. 2. Has the lead project manager assigned to this project have direct experience working with a government agency on a similar sized project before? RFP 15-6530 Immokalee Fitness Ctr Remodel 6 Packet Page -1282- 4/12/2016 16.D.8. • If yes, place one (10) on the line in the adjacent entry field. If no, place zero (0) on the line in the adjacent entry field. 3. Have a minimum number of five (5) years that firm in operation. Yes = 5 No = 0 4. Number of similar design projects in the past five (5) years. 5. Identify the number of technical staff assigned to this project (including, but not limited to engineers, supervisors, estimators, inspectors) if awarded a contract for this RFP. TOTAL (add 1 + 2 + 3+4+ 5 ) This Tab will be pre-scored similarly to Tab VI Consultant Name Total Reference Score Points Awarded Consultant ABC 45 15 Consultant DEF 42 14 Consultant GHI 38 13.6 Consultant MNO 32 12.6 Tab VI, References—5 Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Total Reference Score Points Awarded Consultant ABC 445 10 Consultant DEF 425 9.6 Consultant GHI 388 8.7 Consultant JKL 365 8.2 Note: Sample chart reflects a 10 point reference criterion. RFP 15-6530 Immokalee Fitness Ctr Remodel Packet Page -1283- 4/12/2016 16.D.8. Site Inspection: If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers shall visit the site(s) to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer; this documentation shall be submitted with the proposal. The proposal will be deemed non-responsive if the site visit documentation is not presented to the County in the proposer's submitted proposal materials. Upon award of the contract, subsequent site visits shall be at intervals appropriate to the stage of the project, as determined by the County project manager. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Tab VIII, Required Form Submittals • Attachment 2: Consultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Consultant Declaration Form' • Attachment 5: Immigration Affidavit and company's E-Verify profile page and memorandum of understanding • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: License, certifications, informational materials, etc. RFP 15-6530 lmmokalee Fitness Ctr Remodel 8 Packet Page -1284- 4/12/2016 16.D.8. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP 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 RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. 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. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, 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 RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs 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 RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before December 8, 2015 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 RFP 15-6530 Immokalee Fitness Ctr Remodel 9 Packet Page -1285- 4/12/2016 16.D.8. Attn: Brenda Brilhart, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master," and one (1) compact disks (CD's)with a copy of the proposal on a CD in Word, Excel or PDF. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. 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. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a selection committee to review all proposals submitted. 2. The Request for Proposal is issued. 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 RFP. 4. Selection committee meetings will be open to the public and the Procurement professional will publicly post prior notice of such meeting(s) in the lobby of the Purchasing Building and on the County's Procurement Services Internet site. RFP 15-6530 Immokalee Fitness Ctr Remodel 10 Packet Page -1286- 4/12/2016 16.D.8. 5. Prior to the first meeting (Organization Meeting) of the selection committee, the Procurement professional will post a notice announcing the date, time and place of the meeting at least three (3) working days prior to the meeting. At the 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. 6. Selection committee members will independently review and score each proposal based on the evaluation criteria stated in the request for proposal 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. 7. At the scheduled selection 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. At the conclusion of that discussion, members of the public will be offered an opportunity (not to exceed three (3) minutes)to provide comments. 8. At the conclusion of public comments (provided for in number 7), the selection committee members will individually rank order each proposer. 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, public comments, and/or additional credit information. 9. Once the individual ranking has been completed, the Procurement professional will direct selection committee members to read their individual ranking publically. The Procurement professional will record individual rankings on the Final Ranking Sheet which will mathematically compile into an overall selection committee rank of proposers. 10. In any of the selection committee meeting deliberations, by consensus, members may request to invite proposers in to clarify their proposals, 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 individual ranking and subsequent selection committee overall ranking and final ranking. 11.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 Strategist. 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. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract, pending the final approval by the Board of County Commissioners. The County reserves the right to withdraw this RFP 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. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. RFP 15-6530 Immokalee Fitness Ctr Remodel 11 Packet Page -1287- 4/12/2016 16.D.8. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. DESCRIPTION POINTS Tab II, Business Plan & Project Approach 30 Tab III, Workload & Schedule 25 Tab IV, Experience & Capacity of firm 20 Tab V, Firm Profile &Assigned Staff 15 Tab V, References 10 TOTAL 100 Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 12.Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. RFP 15-6530 Immokalee Fitness Ctr Remodel 12 Packet Page -1288- 4/12/2016 16.D.8. Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer no invoices shall be issued nor payments made This offer is subject to cancellation by the COUNTY prior to delivery. Unless freight and other without notice if not accepted by VENDOR within charges are itemized, any discount will be fourteen (14) days of issuance. taken on the full amount of invoice. c) All shipments of goods scheduled on the same 2. Acceptance and Confirmation day via the same route must be consolidated. This Purchase Order (including all documents Each shipping container must be consecutively attached to or referenced therein) constitutes the numbered and marked to show this Purchase entire agreement between the parties, unless Order number. The container and Purchase otherwise specifically noted by the COUNTY on the Order numbers must be indicated on bill of face of this Purchase Order. Each delivery of lading. Packing slips must show Purchase goods and/or services received by the COUNTY Order number and must be included on each from VENDOR shall be deemed to be upon the package of less than container load (LCL) terms and conditions contained in this Purchase shipments and/or with each car load of Order. equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at No additional terms may be added and Purchase VENDOR'S expense that is not marked with Order may not be changed except by written Purchase Order numbers. VENDOR agrees to instrument executed by the COUNTY. VENDOR is declare to the carrier the value of any shipment deemed to be on notice that the COUNTY objects made under this Purchase Order and the full to any additional or different terms and conditions invoice value of such shipment. contained in any acknowledgment, invoice or other d) All invoices must contain the Purchase Order communication from VENDOR, notwithstanding the number and any other specific information as COUNTY'S acceptance or payment for any delivery identified on the Purchase Order. Discounts of of goods and/or services, or any similar act by prompt payment will be computed from the date VENDOR. of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be 3. Inspection made upon receipt of a proper invoice and in All goods and/or services delivered hereunder shall compliance with Chapter 218, Fla. Stats., be received subject to the COUNTY'S inspection otherwise known as the "Local Government and approval and payment therefore shall not Prompt Payment Act," and, pursuant to the constitute acceptance. All payments are subject to Board of County Commissioners Purchasing adjustment for shortage or rejection. All defective Policy. or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. 5. Time Is Of the Essence Time for delivery of goods or performance of To the extent that a purchase order requires a services under this Purchase Order is of the series of performances by VENDOR, the COUNTY essence. Failure of VENDOR to meet delivery prospectively reserves the right to cancel the entire schedules or deliver within a reasonable time, as remainder of the Purchase Order if goods and/or interpreted by the COUNTY in its sole judgment, services provided early in the term of the Purchase shall entitle the COUNTY to seek all remedies Order are non-conforming or otherwise rejected by available to it at law or in equity. VENDOR agrees the COUNTY. to reimburse the COUNTY for any expenses 4. Shipping and Invoices incurred in enforcing its rights. VENDOR further a) All goods are FOB destination and must be agrees that undiscovered delivery of suitably packed and prepared to secure the nonconforming goods and/or services is not a lowest transportation rates and to comply with waiver of the COUNTY'S right to insist upon further all carrier regulations. Risk of loss of any compliance with all specifications. goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt 6. Changes of the goods by the COUNTY nonetheless The COUNTY may at any time and by written remain with VENDOR. notice make changes to drawings and b) No charges will be paid by the COUNTY for specifications, shipping instructions, quantities and packing, crating or cartage unless otherwise delivery schedules within the general scope of this specifically stated in this Purchase Order. Purchase Order. Should any such change increase Unless otherwise provided in Purchase Order, or decrease the cost of, or the time required for RFP 15-6530 Immokalee Fitness Ctr Remodel 13 Packet Page -1289- 4/12/2016 16.D.8. performance of the Purchase Order, an equitable VENDOR represents and warrants that all goods adjustment in the price and/or delivery schedule will sold or services performed under this Purchase be negotiated by the COUNTY and VENDOR. Order are: a) in compliance with applicable laws; b) Notwithstanding the foregoing, VENDOR has an do not infringe any patent, trademark, copyright or affirmative obligation to give notice if the changes trade secret; and c) do not constitute unfair will decrease costs. Any claims for adjustment by competition. VENDOR must be made within thirty(30) days from the date the change is ordered or within such VENDOR shall indemnify and hold harmless the additional period of time as may be agreed upon by COUNTY from and against any and all claims, the parties. including claims of negligence, costs and expense, including but not limited to attorneys' fees, which 7. Warranties arise from any claim, suit or proceeding alleging VENDOR expressly warrants that the goods and/or that the COUNTY'S use of the goods and/or services covered by this Purchase Order will services provided under this Purchase Order are conform to the specifications, drawings, samples or inconsistent with VENDOR'S representations and other descriptions furnished or specified by the warranties in section 11 (a). COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient If any claim which arises from VENDOR'S breach for the purpose intended. Goods shall be delivered of section 11 (a) has occurred, or is likely to occur, free from any security interest or other lien, VENDOR may, at the COUNTY'S option, procure encumbrance or claim of any third party. These for the COUNTY the right to continue using the warranties shall survive inspection, acceptance, goods or services, or replace or modify the goods passage of title and payment by the COUNTY. or services so that they become non-infringing, (without any material degradation in performance, 8. Statutory Conformity quality, functionality or additional cost to the Goods and services provided pursuant to this COUNTY). Purchase Order, and their production and transportation shall conform to all applicable laws, 12. Insurance Requirements including but not limited to the Occupational Health The VENDOR, at its sole expense, shall provide and Safety Act, the Federal Transportation Act and commercial insurance of such type and with such the Fair Labor Standards Act, as well as any law or terms and limits as may be reasonably associated regulation noted on the face of the Purchase Order. with the Purchase Order. Providing and maintaining adequate insurance coverage is a 9. Advertising material obligation of the VENDOR. All insurance No VENDOR providing goods and services to the policies shall be executed through insurers COUNTY shall advertise the fact that it has authorized or eligible to write policies in the State of contracted with the COUNTY for goods and/or Florida. services, or appropriate or make use of the COUNTY'S name or other identifying marks or 13. Compliance with Laws property without the prior written consent of the In fulfilling the terms of this Purchase Order, COUNTY'S Purchasing Department. VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances 10. Indemnification that are applicable to the conduct of its business. VENDOR shall indemnify and hold harmless the By way of non-exhaustive example, this shall COUNTY from any and all claims, including claims include the American with Disabilities Act and all of negligence, costs and expenses, including but prohibitions against discrimination on the basis of not limited to attorneys' fees, arising from, caused race, religion, sex creed, national origin, handicap, by or related to the injury or death of any person marital status, or veterans' status. Further, (including but not limited to employees and agents VENDOR acknowledges and without exception or of VENDOR in the performance of their duties or stipulation shall be fully responsible for complying otherwise), or damage to property (including with the provisions of the Immigration Reform and property of the COUNTY or other persons), which Control Act of 1986 as located at 8 U.S.C. 1324, et arise out of or are incident to the goods and/or seq. and regulations relating thereto, as either may services to be provided hereunder. be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall 11. Warranty of Non-Infringement constitute a breach of the award agreement and the RFP 15-6530 Immokalee Fitness Ctr Remodel 14 Packet Page-1290- 4/12/2016 16.D.8. County shall have the discretion to unilaterally this Purchase Order, provided that COUNTY has terminate said agreement immediately. Any breach provided VENDOR with notice of such breach and of this provision may be regarded by the COUNTY VENDOR has failed to cure within 10 days of as a material and substantial breach of the contract receipt of such notice. arising from this Purchase Order. 19. General 14. Force Majeure a) This Purchase Order shall be governed by the Neither the COUNTY nor VENDOR shall be laws of the State of Florida. The venue for any responsible for any delay or failure in performance action brought to specifically enforce any of the resulting from any cause beyond their control, terms and conditions of this Purchase Order including, but without limitation to war, strikes, civil shall be the Twentieth Judicial Circuit in and for disturbances and acts of nature. When VENDOR Collier County, Florida has knowledge of any actual or potential force b) Failure of the COUNTY to act immediately in majeure or other conditions which will delay or response to a breach of this Purchase Order by threatens to delay timely performance of this VENDOR shall not constitute a waiver of Purchase Order, VENDOR shall immediately give breach. Waiver of the COUNTY by any default notice thereof, including all relevant information by VENDOR hereunder shall not be deemed a with respects to what steps VENDOR is taking to waiver of any subsequent default by VENDOR. complete delivery of the goods and/or services to c) All notices under this Purchase Order shall be the COUNTY. sent to the respective addresses on the face page by certified mail, return receipt requested, 15. Assignment by overnight courier service, or by personal VENDOR may not assign this Purchase Order, nor delivery and will be deemed effective upon any money due or to become due without the prior receipt. Postage, delivery and other charges written consent of the COUNTY. Any assignment shall be paid by the sender. A party may made without such consent shall be deemed void. change its address for notice by written notice complying with the requirements of this section. 16. Taxes d) The Vendor agrees to reimbursement of any Goods and services procured subject to this travel expenses that may be associated with Purchase Order are exempt from Florida sales and this Purchase Order in accordance with Florida use tax on real property, transient rental property Statute Chapter 112.061, Per Diem and Travel rented, tangible personal purchased or rented, or Expenses for Public Officers, employees and services purchased (Florida Statutes, Chapter 212), authorized persons. and from federal excise tax. e) In the event of any conflict between or among the terms of any Contract Documents related to 17. Annual Appropriations this Purchase Order, the terms of the Contract The COUNTY'S performance and obligation to pay Documents shall take precedence over the under this Purchase Order shall be contingent upon terms of the Purchase Order. To the extent an annual appropriation of funds. any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and 18. Termination Conditions of the Contract Documents, the This Purchase Order may be terminated at any provisions of the Terms and/or Conditions that time by the COUNTY upon 30 days prior written are most favorable to the County and/or notice to the VENDOR. This Purchase Order may provide the greatest protection to the County be terminated immediately by the COUNTY for shall govern. breach by VENDOR of the terms and conditions of RFP 15-6530 Immokalee Fitness Ctr Remodel 15 Packet Page -1291- 4/12/2016 16.D.8. Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements 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. 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. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by 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. 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 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. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The 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. RFP 15-6530 Immokalee Fitness Ctr Remodel 16 Packet Page-1292- 4/12/2016 16.D.8. 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. 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. 2. Offer Extended to Other Governmental Entities Collier County encourages and agrees to the successful Consultant extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful Consultant. 3. Additional Items and/or Services Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Purchasing Policy. 4. County's Right to Inspect 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. 5. Vendor Performance Evaluation 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. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. 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. The County's project manager, shall coordinate with the Consultant the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Public Records Compliance The Consultant agrees to comply with the Florida Public Records Law Chapter 119 (including specifically RFP 15-6530 Immokalee Fitness Ctr Remodel 17 Packet Page -1293- 4/12/2016 16.D.8. those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. 8. Payment Method Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor's invoices must include: • Purchase Order Number • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(c�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional— payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. RFP 15-6530 Immokalee Fitness Ctr Remodel 18 Packet Page -1294- 4/12/2016 16.D.8. 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. 9. Environmental Health and Safety 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. 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. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 10. Licenses 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. 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 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. 11. Survivability The Consultant/ContractorNendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 15-6530 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. 12. Principals/Collusion 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 RFP 15-6530 Immokalee Fitness Ctr Remodel 19 Packet Page -1295- 4/12/2016 16.D.8. 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. 13. Relation of County 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. 14. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 15. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a Proposal. Firms and their agents are not to contact members of the County Commission for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from Proposal closing to final Board approval, no firm or their agent shall contact any other employee of Collier County in reference to this Proposal, with the exception of the Procurement Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 17. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. 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 RFP. 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 RFP. All submittals in violation of this requirement will be deemed non-responsive and rejected from further consideration. 18. Protest Procedures Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. RFP 15-6530 Immokalee Fitness Ctr Remodel 20 Packet Page-1296- 4/12/2016 16.D.8. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. 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 two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 19. Public Entity Crime A person or affiliate who has been placed on the convicted Consultant list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Consultant list. 20. Security and Background Checks If required, Consultant shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 21. Conflict of Interest Consultant shall complete the Conflict of Interest Affidavit included as an attachment to this RFP 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. 22. Prohibition of Gifts to County Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, the current Collier County Ethics Ordinance and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 23. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility RFP 15-6530 Immokalee Fitness Ctr Remodel 21 Packet Page 4297- 4/12/2016 16.D.8. Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners 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. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the 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. 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. 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. 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. RFP 15-6530 Immokalee Fitness Ctr Remodel 22 Packet Page -1298- 4/12/2016 16.D.8. Co _el,County Administrative Services Department Procurement Services Division Attachment 1: Consultant's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons 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, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation Professional Design Services for Immokalee Fitness Center Remodel 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 RFP 15-6530 Immokalee Fitness Ctr Remodel 23 Packet Page -1299- 4/12/2016 16.D.8. Co Ter County Administrative Services Department Procurement Services Divis on Attachment 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. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist Solicitation: Professional Design Services for Immokalee Fitness Center Remodel ❑ The mailing envelope must be sealed and marked with Proposal Number, Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net/bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: Date RFP 15-6530 Immokalee Fitness Ctr Remodel 24 Packet Page-1300- 4/12/2016 16.D.8. Co ie-r County Administrative SeMVices Department Procurement Services Division Attachment 3: Conflict of Interest Affidavit 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 proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of , 2015, by , who is personally known to me to be the for the Firm, OR who produced the following identification • Notary Public My Commission Expires RFP 15-6530 Immokalee Fitness Ctr Remodel 25 Packet Page -1301- 4/12/2016 16.D.8. Corner County Administrative Services Department Procurement Services Division Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel 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. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 2015 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: RFP 15-6530 Immokalee Fitness Ctr Remodel 26 Packet Page -1302- 4/12/2016 16D.8. 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: RFP 15-6530 lmmokalee Fitness Ctr Remodel 27 Packet Page -1303- 4/12/2016 16.D.8. Co Iter Country Administrative Services Department Procurement Sen.,Ices Division Attachment 5: Immigration Affidavit Certification CCNA Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, 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/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the 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 , 2015, 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. RFP 15-6530 Immokalee Fitness Ctr Remodel 28 Packet Page-1304- 4/12/2016 16.D.8. Co ier County gdmilistratveServices DeparCrent Procurement Services Division Attachment 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 (if different from taxpayer name) Address City State Zip Telephone FAX Email Order Information Remit/Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) Individual/Sole Proprietor Corporation _Partnership Tax Exempt (Federal income tax-exempt entity _Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) Enter the tax classification (D=Disregarded Entity, C=Corporation, P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) (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 RFP 15-6530 Immokalee Fitness Ctr Remodel 29 Packet Page -1305- 4/12/2016 16.D.8. Co ier County Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ®Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $100,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence RFP 15-6530 Immokalee Fitness Ctr Remodel 30 Packet Page -1306- 4/12/2016 16.D.8. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. 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 RFP 15-6530 Immokalee Fitness Ctr Remodel 31 Packet Page -1307- 4/12/2016 16.D.8. Co sex Co unty Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530- Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: 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 product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, 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 _ Please FAX this completed survey to: By RFP 15-6530 Immokalee Fitness Ctr Remodel 32 Packet Page-1308- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions The supplemental conditions contained in this section are intended to cooperate with,to supplement,and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in each invoice submittal 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. Check Box (If Applicable) 1. Termination(Cause and Convenience) 2. Access to Records ® 3. Retention of Records ® 4. Remedies [ 5. Environmental Compliance(Clean Air Act and Clean Water Act) ® 6. Energy Efficiency ® 7. Equal Opportunity Provisions ❑ 8. Section 3 ® 9. Conflict of Interest 10. Utilization of Minority and Women's Businesses ❑ 11. Federal Labor Standards Provisions (Davis Bacon, Copeland, and Contract Work Hours Act) [ 12. Guidance to Contractor for Compliance With Labor Standard Provisions ® 13. Lobbying Prohibition 14. Debarment ® 15. Historic Preservation 16. Record Keeping and Documentation [ 17. Grantee Recognition(Advertisement) 18. Copyright and Patent Rights 19. Religious Organizations 11/13/14 Revision 3 1 Packet Page -1309- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions 1.TERMINIATION FOR CAUSE AND/OR CONVENIENCE A. 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: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. 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. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (1) no amount shall be allowed for anticipated profit on unperformed services or other work,and (2) 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. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) 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.The work and may award another party a contract to complete the work described in this contract. E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c)above. 2.ACCESS TO RECORDS The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination,excerpts, and transcriptions. 3.RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4.REMEDIES Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in 10/1/2012-(2) 2 Packet Page -1310- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions 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. 5.ENVIRONMENTAL COMPLIANCE If t hi s contract exceeds $100,000,the contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h),section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6.ENERGY EFFICIENCY The contractor shall comply with any 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(Public Law 94-163). 7.EQUAL OPPORTUNITY PROVISIONS A. Activities and Contracts Not Subject to Executive Order 11246,as Amended (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (contracts/subcontracts above $10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified to race, color,religion, sex,or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract 10/1/2012-(2) 3 Packet Page -1311- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Rules, Regulations,and Relevant Orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and other. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Female participation:6.9%(statewide) Minority participation(See Appendix Minority Participation Goals for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's c o m p 1 i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to 10/1/2012-(2) 4 Packet Page -1312- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract,the Executive Order, and the regulations in 41 CFR measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (d) As used in this Notice,and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3) Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a)As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return,U.S.Treasury Department Form 941. 4. "Minority"includes: (I) Black (all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander(all persons having origins in any o f the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island);and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action o b l i g a t i o n s on all work i n the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 10/1/2012-(2) 5 Packet Page -1313- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current f i l e of the names, addresses, and telephone numbers of each min o r i t y and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. 10/1/2012-(2) 6 Packet Page-1314- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff,termination, or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending,subject matter discussed, and disposition of the subject matter. (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60-3. (1) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor 10/1/2012-(2) 7 Packet Page -1315- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color,religion,sex,or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. (16) The contractor s h a 11 designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status,hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 10/1/2012-(2) S Packet Page -1316- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C. Certification of Non-Segregated Facilities(over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964,no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. E. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race,color,national original,or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F. Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 10/1/2012-(2) 9 Packet Page-1317- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or their contract understanding,that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance. G.Age Discrimination Act of 1975 No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. SECTION 3—COMPLIANCE IN THE PROVIISION OF TRAINING Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 10/1/2012-(2) 10 Packet Page -1318- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY,OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract,during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as applicable. Information regarding certified M/WBE firms can be obtained from: • Florida Department of Management Services,Office of Supplier Diversity, • Florida Department of Transportation(construction services,particularly highway), • Minority Business Development Center in most major cities,and • Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 11. FEDERAL LABOR STANDARDS PROVISIONS (Davis-Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) The Project to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. (1) (a) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than 10/1/2012-(2) 11 Packet Page -1319- EXHIBIT A— 4/12/2016 16.D.8. Housing Urban Development (HUD) Supplemental Conditions those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits; therefore, only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2) The classification is utilized in the area by the construction industry;and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (iii) In the event that the Contractor, the laborers or mechanics to be employed in the Classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designed for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that the additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 215-0140.) (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs(b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 10/1/2012-(2) 12 Packet Page -1320- EXHIBIT A— 4/12/2016 16.D.8. Housing Urban Development (HUD) Supplemental Conditions (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (2) Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD, or its designee may, after written notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) (a) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification,hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017). (b) (i) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the 10/1/2012-(2) 13 Packet Page -1321- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U. S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149). (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I)and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice,and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii) The weekly submission of a properly executed certification set forth on the reverse side of Option Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph A(3)(b)(ii)of this section. (iv) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. (4) (a)Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. 10/1/2012-(2) 14 Packet Page -1322- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program, shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with the determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program the contract will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 10/1/2012-(2) 15 Packet Page -1323- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions (6) Subcontracts.The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. (7) Contract Termination, Debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR Parts 1,3 and 5 are herein incorporated by referenced in this contract. (9) Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and HUD or its designee, the U. S. Department of Labor, or the employees or their representatives. (10) (a) Certification of Eligibility. By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1010, Title 18, U. S. C., "Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration... makes, utters or publishes any statement, knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years,or both." (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in the paragraph, the terms "laborers" and "mechanics"include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore shall be 10/1/2012-(2) 16 Packet Page -1324- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph(1)of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs(1) through(4) of this paragraph. C.Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous,or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act(Public Law 91-54.83 State 96). (3) The contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 12. GUIDANCE TO CONTRACTOR FOR COMPLIANCE WITH LABOR STANDARDS PROVISIONS A. Contracts with Two Wage Decisions If the contract includes two wage decisions, the contractor, and each subcontractor who works on the site, must submit either two separate payrolls (one for each wage decision) or one payroll which identifies each worker twice and the hours worked under each wage decision. One single payroll, reflecting each worker once, may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job classification. However,where a job classification is not listed in a wage decision and is needed for that portion of the work, the classification must be added to the wage decision. A worker may not be paid at the rate for a classification using the hourly rate for that same classification in another wage decision. After the additional classification is approved, the contractor may pay the higher of the two rates and submit one payroll, if 10/1/2012-(2) 17 Packet Page -1325- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions desired. B. Complying with Minimum Hourly Amounts (1) The minimum hourly amount due to a worker in each classification is the total of the amounts in the "Rates" and "Fringe Benefits" (if any) columns of the applicable wage decision. (2) The contractor may satisfy this minimum hourly amount by any combination of cash and bona fide fringe benefits, regardless of the individual amounts reflected in the "Rates"and "Fringe Benefits"columns. (3) A contractor payment for a worker which is required by law is not a fringe benefit in meeting the minimum hourly amount due under the applicable wage decision. For example, contractor payments for FICA or unemployment insurance are not a fringe benefit; however, contractor payments for health insurance or retirement are a fringe benefit. Generally,a fringe benefit is bona fide if(a) it is available to most workers and (b) involves payments to a third party. (4) The hourly value of the fringe benefit is calculated by dividing the contractor's annual cost (excluding any amount contributed by the worker)for the fringe benefit by 2080. Therefore, for workers with overtime, an additional payment may be required to meet the minimum hourly wages since generally fringe benefits have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum rates required by the wage decision, this should not be a problem. As long as the total wages received by a worker for straight time equals the hours worked times the minimum hourly rate in the wage decision,the requirement of the Davis-Bacon and Related Acts has been satisfied.) C. Overtime For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual hourly cash rate received, not the minimum required by the wage decision. (The Davis-Bacon and related acts only establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime requirement and uses"basic rate of pay" as the base for calculation, not the minimum rates established by the Davis-Bacon and related acts.) D. Deductions Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. The authorization must identify the purpose of each deduction and the amount, which may be a specific dollar amount or a percentage. A copy of the authorization must be submitted with the first payroll containing the deduction. If deducted amounts increase, another authorization must be submitted. If deducted amounts decrease, no revision to the original authorization is needed. Court-ordered deductions, such as child support, may be identified by the responsible payroll person in a separate document. This document should identify the worker, the amount deducted and the purpose. A copy of the court order should be submitted. E. Classifications Not Included in the Wage Decision If a classification not in the wage decision is required, please advise the owner's representative in writing and identify the job classification(s) required. In some instances, the State agency may allow the use of a similar classification in the wage decision. Otherwise, the contractor and affected workers must agree on a minimum rate, which cannot be lower than the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer classification)and truck drivers are not considered a trade for this purpose. If the classification involves a power equipment operator, the minimum cannot be lower than the lowest rate for any power equipment operator in the wage decision.The ownerwill provide forms to document agreement on the minimum rate by the affected workers and contractor. The U.S. Department of Labor (USDOL) must approve the proposed classification and rate. The contractor may pay the proposed rate until the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make wage restitution to the affected worker(s) for all hours worked under the proposed rate. 10/1/2012-(2) 18 Packet Page -1326- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions F. Supervisory Personnel Foremen and other supervisory personnel who spend at least 80% of their time supervising workers are not covered by the Davis-Bacon and Related Acts. Therefore, a wage decision will not include such supervisory classifications and their wages are not subject to any minimums under the Davis-Bacon and Related Act or overtime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other supervisory personnel who spend less than 80% of their time engaged in supervisory activities are considered workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the wage decision for the appropriate classification(s)based on the work performed. G. Sole Proprietorships/ Independent Contractors/ Leased Workers The nature of the relationship between a prime contractor and a worker does not affect the requirement to comply with the labor standards provisions of this contract. The applicability of the labor standards provisions is based on the nature of the work performed. If the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumbing work himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. His status as"owner"is irrelevant for labor standards purposes. If a worker meets the IRS standards for being an independent contractor, and is employed as such, this means that the worker must submit a separate payroll as a subcontractor rather than be included on some other payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wages and overtime. If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this contract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls must reflect information required to determine compliance with the labor standards provisions of this contract, including a classification for each worker based on the nature of the work performed, number of regular hours worked,and number of overtime hours worked. H. Apprentices/Helpers A worker may be classified as an apprentice only if participating in a federal or state program. Documentation of participation must be submitted. Generally, the apprentice program specifies that the apprentice will be compensated at a percentage of the journeyman rate. For Davis-Bacon Act purposes, the hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage decision. If the worker does not participate in a federal or state apprentice program, then the worker must be classified according to duties performed. This procedure may require classification in the "trade" depending on tools used, or as a laborer if specialized tools of the trade are not used. The contractor may want to consult with the Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the appropriate classification. Presently, no worker may be classified as a "helper". As with apprentices not participating in a formal apprentice program, the worker must be classified according to duties performed and tools used. 13.LOBBY PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; 10/1/2012-(2) 19 Packet Page-1327- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, 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 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 Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 1. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. 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. 14. DEBARMENT Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the excluded parties system list at www.sam.goy. 15. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for Protection of Historical Properties. 16.RECORD KEEPING AND DOCUMENTATION The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request by the County or HUD. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to the County if requested. In any event the sub- recipient shall keep all documents for six (6) years after the expiration of this agreement. 17. GRANTEE RECOGNITION 10/1/2012-(2) 20 Packet Page-1328- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding source. The Contractor will mount a temporary construction sign for projects funded by Housing Urban Development though Collier County Community and Housing Services. The design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The Construction sign shall comply with applicable County codes. 18. RIGHT AND PATENT RIGHTS 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 US Department of Housing and Urban Development 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. 19.RELIGIOUS OGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religions organizations. Section 24 CFR 570.200(j)specifies the limitations on CDBG funds. 10/1/2012-(2) 21 Packet Page -1329- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions.These are contractor workforce goals,not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa-St.Petersburg Area Percentage Orlando-Daytona Beach Area Percentage Hillsborough,Pinellas,Pasco 17.9 Volusia 15.7 Charlotte,Citrus,Collier, 17.1 DeSoto,Hardee,Hernando, (all seven) Brevard 10.7 &Highlands Orange,Osceola,Seminole 15.5 Lee 15.3 Flagler,Lake,Sumter 14.9 Manatee 15.9 Miami-Fort Lauderdale Area Polk 18.0 Dade 39.5 Sarasota 10.5 Broward 15.5 Tallahassee Area Palm Beach 22.4 Leon,Wakulla 24.3 Glades,Hendry,Indian River 30.4 Calhoun,Franklin,Gadsden, 29.5 Martin,Monroe, (all seven) Jackson,Jefferson,Liberty, (all eight) &Okeechobee, &St. Lucie Madison,&Taylor Pensacola-Panama City Area Bay 14.1 Escambia,Santa Rosa 18.3 Gulf,Holmes,Okaloosa, 15.4 Walton,&Washington (all five) Jacksonville Area Alachua 20.6 Baker,Clay,Duval, 21.8 Nassau,&St.Johns (all five) Bradford,Columbia,Dixie, 22.2 Gilchrist,Hamilton,Lafayette (all 11) Levy,Marion,Putnam, Suwannee,&Union 10/1/2012-(2) Packet Page -1330- 22 4/12/2016 16.D.8. EXHIBIT A- Housing Urban Development (HUD) Supplemental Conditions State and Federal Statutes and Regulations By signature of this Agreement,the contractor hereby certifies that it will comply with the following(as applicable)federal and state requirements: 1. Community Development Block Grant Disaster 32. 1962,40 U.S.C. s. 327 et. seq.; 2. Recovery Emergency Rule 9BER09-2; The Solid 33. The Wildlife Coordination Act of 1958, as amended; Waste Dis osal Act,as amended by the Resource Noise Abatement and Control:Departmental Policy Conservation and Recovery Act of 1975 (42 U.S.C.,S. Implementation,Responsibilities, and Standards,24 6901 et.seq.); C.F.R. Part 51, Subpart B; 3. Florida Small a n d Minority Business Act, s. 34. Flood Disaster Protection Act of 1973, P.L 92-234; 288.702-288.714,F.S.; 35. Protection of Historic and Cultural Properties under 4. Florida Coastal Zone Protection Act,s. 161.52- HUD Programs,24 C.F.R. Part 59; 36. Coastal Zone Management Act of 1972, P.L 161.58,F.S.; 92-583; 5. Local Government Comprehensive Planning and 37. Architectural and Construction Standards; Land Development Regulation Act, Ch. 163,F.S.; 38. Architectural Barriers Act of 1968,42 U.S.C. 4151; 6. Title I of the Housing and Community Development 39. Executive Order 11296,relating to evaluation of 7. Act of 1974, as amended flood hazards; 8. Treasury Circular 1075 regarding drawdown of 40. Executive Order 11288.relating to prevention, CDBG funds. control and abatement of water pollution; 9. Sections 290.0401-290.049,F.S.; 41. Cost-Effective Energy Conservation Standards,24 10. Rule Chapter 9B-43,Fla.Admin. Code.; 10. C.P.R.Part 39; Department of Community Affairs Technical 42. Section 8 Existing Housing Quality Standards,24 Memorandums; C.F.R.Part 882; 11. HUD Circular Memorandums applicable to the Small 43. Coastal Barrier Resource Act of 1982; Cities CDBG Program; 44. Federal Fair Labor Standards Act,29 U.S.C.,s.201 12. Single Audit Act of 1984; et. seq.; 13. National Environmental Policy Act of 1969 and 45. Title VI of the Civil Rights Act of 1964 Non other provisions of law which further the purpose of discrimination; 46. Title VII of the Civil Rights Act of 1968 this Act; Non-discrimination in housing; 14. National Historic Preservation Act of 1966(Public 47. Age Discrimination Act of 1975; Law89-665) as amended and Protection of Historic 48. Executive Order 12892-Fair Housing Properties(24C.F.R. Part 800); 49. Section 109 of the Housing and Community 15. Preservation of Archaeological and Historical Data Development Act of 1974,Non-discrimination; 50. Section 504 of the Rehabilitation Act of 1973 and 24 Act of 1966; C.F.R. Part 8; 16. Executive Order 11593 -Protection and Enhancement 51. Executive Order 11063 -Equal Opportunity in of Cultural Environment; Housing; 17. Reservoir Salvage Act; 52. Executive Order 11246-Nondiscrimination; 18. Safe Drinking Water Act of 1974, as amended; 53. Section 3 of the Housing and Urban Development 19. Endangered Species Act of 1958,as amended; Act of 1968,as amended-Employment Training of 20. Executive Order 12898 -Environmental Justice Lower Income Residents and Local Business 21. Executive Order 11988 and 24 C.F.R.Part 55- Floodplain Management; Contracting; 22. The Federal Water Pollution Control Act of 1972,as 54. Uniform Relocation Assistance and Real amended(33 U.S.C.,s. 1251 et.seq.); Property Acquisition Policies Act of 1970,P.L., 23. Executive Order 11990-Protection of Wetlands; 100-17, and 49 C.F.R.Part 24; 24. Coastal Zone Management Act of 1968,as amended; 55. Copeland Anti-Kickback Act of 1934; Hatch Act; 25. Wild and Scenic Rivers Act of 1968,as amended; 56. Title N Lead-Based Paint Poisoning Prevention Act 26. Clean Air Act of!977; (42 U.S.C.,s. 1251 et. seq.); 27. HUD Environmental Standards(24 C.F.R.Part 58); 57. OMB Circulars A-87,A-!02,A-122, and A-133, as 28. Farmland Protection Policy Act of 1981; revised; 29. Clean Water Act of 1977; 58. Administrative Requirements for Grants, 24 30. Davis-Bacon Wage Rate Act; C.F.R.Part 85; 59. Section 02 of the Department of 31. Contract Work Hours and Safety Standards Act of Housing and Urban Development Reform Act of 1989 and 24 C.F.R.Part 12. 10/1/2012-(2) Packet Page -1331- 23 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Section 3 Requirements What is Section 3? Section 3 is a provision of the Housing and Urban Development(HUD)Act of 1968 that helps foster local economic development,neighborhood economic improvement,and individual self-sufficiency.The Section 3 program requires that recipients of certain HUD financial assistance,to the greatest extent feasible, provide job training, employment,and contracting opportunities for low-or very-low income residents in connection with projects and activities in their neighborhoods. How does Section 3 promote self-sufficiency? Section 3 is a starting point to obtain job training, employment and contracting opportunities.From this integral foundation coupled with other resources comes the opportunity for economic advancement and self- sufficiency. •Federal, state and local programs •Advocacy groups • Community and faith-based organizations How does Section 3 promote homeownership? Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities they have begun the first step to self-sufficiency. Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information visit our HUD website. Who are Section 3 residents? Section 3 residents are: •Public housing residents or •Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD's income limits. Determining Income Levels •Low income is defined as 80%or below the median income of that area. •Very low income is defined as 50% or below the median income of that area. What is a Section 3 business concern? A business that: • Is 51 percent or more owned by Section 3 residents; • Employs Section 3 residents for at least 30 percent of its full-time,permanent staff; or 10/1/2012-(2) Packet Page-1332- 24 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions • Provides evidence of a commitment to subcontract to Section 3 business concerns,25 percent or more of the dollar amount of the awarded contract. What programs are covered? Section 3 applies to HUD-funded Public and Indian Housing assistance for development,operating,and modernization expenditures. Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation,housing construction,and other public construction. What types of economic opportunities are available under Section 3? • Job training • Employment • Contracts Any employment resulting from these expenditures,including administration,management,clerical support, and construction,is subject to compliance with Section 3. Examples of Opportunities include: •Accounting • Iron Works •Architecture •Janitorial •Appliance repair • Landscaping •Bookkeeping •Machine Operation •Bricklaying •Manufacturing • Carpentry •Marketing • Carpet Installation •Painting • Catering •Payroll Photography • Cement/Masonry •Plastering • Computer/Information •Plumbing •Demolition •Printing Purchasing •Drywall •Research • Elevator Construction • Surveying • Engineering •Tile setting •Fencing •Transportation • Florists •Word processing •Heating Who will award the economic opportunities? Recipients of HUD financial assistance will award the economic opportunities. They and their contractors and subcontractors are required to provide,to the greatest extent feasible,economic opportunities consistent with existing Federal, State,and local laws and regulations. Who receives priority under Section 3? For training and employment: • Persons in public and assisted housing • Persons in the area where the HUD financial assistance is spent • Participants in HUD Youthbuild programs • Homeless persons 10/1/2012-(2) Packet Page -1333- 25 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions For contracting: Businesses that meet the definition of a Section 3 business concern How can businesses find Section 3 residents to work for them? Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD assistance is being spent. Effective ways of informing residents about available training and job opportunities are: • Contacting resident organizations, local community development and employment agencies • Distributing flyers • Posting signs • Placing ads in local newspapers Are recipients,contractors, and subcontractors required to provide long-term employment opportunities,not simply seasonal or temporary employment? Recipients are required,to the greatest extent feasible,to provide all types of employment opportunities to low and very low-income persons,including permanent employment and long-term jobs. Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time staff. A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement.This encourages recipients to continue hiring Section 3 residents when employment opportunities are available. What if it appears an entity is not complying with Section 3? There is a complaint process. Section 3 residents,businesses, or a representative for either may file a complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project. Will HUD require compliance? Yes. HUD monitors the performance of contractors,reviews annual reports from recipients,and investigates complaints. HUD also examines employment and contract records for evidence that recipients are training and employing Section 3 residents and awarding contracts to Section 3 businesses. How can Section 3 residents or Section 3 business concerns allege Section 3 violations? You can file a written complaint with your local HUD Field Office. A written complaint should contain: •Name and address of the person filing the complaint •Name and address of subject of complaint(HUD recipient, contractor or subcontractor) •Description of acts or omissions in alleged violation of Section 3 • Statement of corrective action sought i.e.training, employment or contracts 10/1/2012-(2) 26 Packet Page-1334- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions DAVIS BACON GENERAL WAGE DECISION —Not Applicable To this Solicitation 10/1/2012-(2) 27 Packet Page -1335- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension,and Other Responsibility Matters Primary Covered Transactions 2. Certification Regarding Debarment, Suspension,Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions 3. Affidavit for and Certification for Claiming Status as a Section 3 Business 4. General Grant Clauses 5. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) 6. Conflict of Interest Affidavit 7. Certification for a Drug Free Workplace 8. Disclosure of Lobbying Activities 9. Anticipated Disadvantaged Business Participation Statement 10/1/2012-(2) 28 Packet Page -1336- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions 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. Name Project Name Title Project Number Firm Tax ID Number Street Address DUNS Number City, State,Zip 24 CFR 24.510&24 CFR,Part 24,Appendix A 10/1/2012-(2) 29 Packet Page -1337- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions (1) The prospective lower tier participant certifies,by submission of this document,that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to the above statement,the prospective participant shall attach an explanation to this form. Name Local Government Title CDBG Contract Number Firm Tax ID Number Street Address DUNS Number City, State,Zip Date 10/1/2012-(2) 30 Packet Page -1338- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Affidavit°for and Certification for Claiming Status as a Section 3 Business A Section 3 "Right to Match"preference shall be afforded to enhance the opportunities and ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance funding shall,to the greatest extent feasible,and consistent with existing Federal, State,and local law and regulations, be directed to low-and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons of local businesses to receive awards of Collier County contracts. A"Section 3 Business"is defined as a business that provides evidence of their Section 3 certification at the time the bid is offered to the County; evidence shall not be provided after the bid closing time. When a qualified and responsive,non-Section 3 business submits the lowest price bid, and the bid submitted by one or more qualified and responsive Section 3 Business is within ten percent(10%)of the price submitted by the non- Section 3 business,then the Section 3 Business with the apparent lowest bid offer(i.e.the lowest Section 3 bidder) shall have the opportunity to submit,an offer to match the price(s)offered by the overall lowest,qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-Section 3 bidder and the lowest Section 3 bidder are in fact qualified and responsive bidders.Next,the Purchasing Department shall determine if the lowest bidder meets the requirements of Section 287.087 F.S. If the lowest Section 3 bidder meets the requirements of 287.087, F.S.,the Purchasing Department shall invite the lowest Section 3 bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5)business days thereafter.If the lowest Section 3 bidder submits an offer that fully matches the lowest bid from the lowest non-Section 3 bidder tendered previously, then award shall be made to the Section3 bidder. If the lowest Section 3 bidder declines or is unable to match the lowest non-Section 3 bid price(s),then award will be made to the lowest overall qualified and responsive bidder. If the lowest Section 3 bidder does not meet the requirement of Section 287.087 F.S. and the lowest non-Section 3 bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit and Certification for Claiming Status as a Section 3 Business which is included as part of this solicitation and their current Section 3 certification. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for Section 3 preference on this solicitation. A Bidder who misrepresents the Section 3 Preference status of its firm in a bid submitted to the County will lose the privilege to claim Section 3 Preference status for a period of up to one(1)year. If necessary,the contracting agency may conduct discussions with qualified and responsive bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and verify qualifications and responsiveness to solicitation requirements. 10/1/2012-(2) 31 Packet Page-1339- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall,to the greatest extent feasible,and consistent with existing Federal,State,and local law and regulations,be directed to low-and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1. That is 51 percent or more owned by Section 3 residents;or 2. Whose permanent,full-time employees include persons,at least 30 percent of whom are currently Section 3 residents,or within three years of the date of first employment with the business concern were Section 3 residents;or 3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations(24 CFR Part 135),Collier County shall direct efforts to award Section 3 covered contracts,to the greatest extent feasible,to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899)selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is a Section 3 business concern as described above. Vendor Name Date Address Signature Title STATE OF FLORIDA n COLLIER COUNTY I [,EE COUNTY Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day of . 20 My Commission Expires: Notary Public (AFFIX SEAL) 10/1/2012-(2) 32 Packet Page -1340- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation Contract# 10/1/2012-(2) 33 Packet Page -1341- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution"church/state principles," Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing,and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations;and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. (Company) (Signature) (Date) (Print Name) 10/1/2012-(2) 34 Packet Page -1342- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Conflict of Interest Affidavit 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 proposed work; and bear on whether the firm(employees,officers and/or agents) has a possible conflict have been fully disclosed. Additionally,the firm(employees, officers and/or agents)agrees to immediately notify in writing the Purchasing/General Services Director, or designee,if any actual or potential conflict of interest arises during the contract and/or project duration. Vendor Name Date Address Signature Title 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 My Commission Expires Notary Public (AFFIX SEAL) 10/1/2012-(2) 35 Packet Page -1343- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Certification Regarding Drug-Free Workplace Requirements The offerer certifies that it will provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture, distribution,dispensing,possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing a drug-free awareness program to inform employees about— (1)The dangers of drug abuse in the workplace; (2)The grantee's policy of maintaining a drug-free workplace; (3)Any available drug counseling,rehabilitation and employee assistance programs, and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a); (d)Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will— (1)Abide by the terms of the statement; and (2)Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after each conviction; (e)Notifying the agency within ten days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction; (f)Taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted— (1)Taking appropriate personnel action against such an employee,up to and including termination; or (2)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State,or local health, law enforcement,or other appropriate agency; (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a),(b), (c),(d),(e) and(f). Typed Name and Title of Certification Official Signature Date 10/1/2012-(2) 36 Packet Page -1344- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions Certification Regarding Lobbying The undersigned (Vendor/ Contractor) certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 U.S.C. 1601,etseq.)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Vendor/Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.A 3801,et seq., apply to this certification and disclosure,if any. Signature of Vendor/Contractor's Authorized Official Name and Title of Vendor/Contractor's Authorized Official Date 10/1/2012-(2) 37 Packet Page -1345- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions 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. `� v it�� a is:.�.., �+;f ` ss&.,� t� } , P V 4 ! °,1' ° C C F �.@ r # [�* ' A 407- y i c l47 .% . AS A* CONTRACT DOLLAR PRIME NAME PRIME FEID NUMBER AMOUNT IS THE PRIME A FLORIDA-CERTIFIED IS THE ACTIVITY OF THIS CONTRACT... DISADVANTAGED, MINORITY OR WOMEN BUSINESS ENTERPRISE?(DBE/MBE/WBE) OR DBE? Y/N HAVE A SMALL DISADVANTAGED BUSINESS 8A MBE? Y/N CONSTRUCTION Y/N CERTIFICATION FROM THE SMALL BUSINESS WBE? Y/N CONSULTANT Y/N ADMINISTRATION? SDB 8A? Y/N OTHER Y/ N IS THIS SUBMISSION A REVISION? Y/N IF YES, REVISION NUMBER yf Lr i ��� F r �.,�ii A e r "/� '�" ' ' a`'!' .� �' !°'s kA�,'�e spa t r „4, c t " * �" 7 141, DBE ETHNICITY SUB/SUPPLIER PERCENT SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OF M/WBE NAME OR SPECIALTY CODE(See DOLLAR CONTRACT VETERAN Below) AMOUNT DOLLARS TOTALS: 10/1/2012-(2) 38 Packet Page -1346- 4/12/2016 16.D.8. EXHIBIT A— Housing Urban Development (HUD) Supplemental Conditions � xt'�,i,�,g " `�§�• � f�p. lea',s� `'p '-;a�"� r ' � ;Fa, 4 r r,nk jrar, -�lY, ,'g,ens y Ct!`�,,�i,n t D PRIME D T VIIP! 4111', NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE: This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. Black American BA Hispanic American HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other: not of any other,group listed 0 TO E MP. 1IEb,By-o l I , ,.' �'�x1.} S�se�';:$�: �.s.�,� COLLIER CONTRACT#(IFB/RFP or DEPARTMENT NAME PO/REQ) FUNDING SOURCE ACCEPTED BY: DATE 10/1/2012-(2) 39 Packet Page -1347- 4/12/2016 16.D.8. EXHIBIT II Disney &Associates, PA Proposal (following this page) Exhibit II Contract#15-6530 "Professional Design Services for Immokalee Fitness Center Remodel" Packet Page-1348- 4/12/2016 16.D.8. Qualifications for Professional Design Services for Immokalee Fitness Center Remodel RFP #15- 6530 c C.() er Gounty December 8, 2015 LILDisney & Associates Architects and Planners AA 0002502 Packet Page -1349- 4/12/2016 16.D.8. TABI COVER LETTER/MANAGEMENT SUMMARY • Provide a Cover Letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Include the Names(s),Telephone number(s) and Email(s) of the Authorized Contact Person(s) concerning proposal. Submission of a signed Proposal is Consultant's Certification that the Consultant will accept any awards as a result of the RFP. f:'CNA Solicitat:ion#15-6530 Profession:Packet Page -1350-nokalec Fitness Center Remodel FAB I 4/12/2016 16.D.B. Disney &Associates, P•A. Architecture and Planning 1865 Veterans Park Dr.,Suite 301 Naples,Florida 34109-0447 Phone 239.596.2872 Fax 239.596.2874 AA 0002502 December 8,2015 Collier County Government Purchasing Department 3327 Tamiami Trail East Naples,Florida 34112 Attn: Mrs.Brenda Brilhart,Procurement Strategist Re: CCNA Solicitation# 15-6530—Professional Design services for Immokalee Fitness Center Remodel Dear Mrs.Brilhart and Selection Committee: Thank you for the opportunity to present our credentials for the Professional Design services for Immokalee Fitness Center Remodel Project. Disney&Associates,PA is highly qualified to provide Architectural Services for this project and we have prepared this submission with an equally qualified and skilled team of Engineers well versed in Professional Design services for Immokalee Fitness Center Remodel. Disney & Associates, PA prepared a Master Plan for the Immokalee Fitness Center which was completed February of 2014. We have included a copy of this planning in this RFP response. We look forward to being able to complete this design for Parks And Recreation. To provide the best possible design for this project, Disney & Associates is teamed with the following significant engineering firms: • Disney&Associates will provide an Architectural Design • Burgess Brant,Consulting Engineers will provide Mechanical,Electrical, and Plumbing • Liebl&Barrow Engineering will provide Structural Engineering services All of these firms are established organizations in SW Florida and bring a proven understanding of the local area, permitting requirements and Collier County expectations. Disney & Associates has a successful working history with the listed Engineering Team. Our team's resources and abilities are well matched and present a unified approach to the proposed Professional Design services for Immokalee Fitness Center Remodel. Dalas Disney,AIA, is actively involved in our projects on a daily basis, and will offer an owner's full attention to all phases of this project. Dalas is a hands-on working principal and will personally manage the Professional Design services for Immokalee Fitness Center Remodel. While we have not had the pleasure of working with Parks and Recreation we have completed numerous projects for Collier County in our over 15 years of service. Architectural services for this project will be responsive and comprehensive, from initial Design through remodel Administration. CCNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel TAB I Packet Page -1351- 4/12/2016 16.D.8. Disney&Associates is very familiar with Design Projects in Collier County. In the past five(5)years, our firm has provided Architectural services for the following Facilities: 1. Original Design of the proposed Northeast Recycling Drop-Off Center(NERC) and currently an improved Re-design 2. North Collier Recycling Drop-off Center on Goodlette Road 3. Collier County Landfill HHW facility on White Lake Blvd Marco Island Recycling Center Alterations 4. Collier County Recycling Drop-off Center at Naples Airport 5. Numerous smaller renovations and maintenance projects Our office is located in Naples, is managed by Dalas D. Disney,AIA, and was established in April of 1994,after 21 years of work with other architectural firms.Our history and relationship with Collier County is extensive. We have Provided services under Annual Contract for Collier County from 2001 with an extension to mid-2006. The Fixed Term Agreement was renewed in 2006,annually in 2009 through 2013,and renewed in 2014 for 5 additional years. Disney & Associates, PA stands ready with this qualified team of engineers to continue delivering services to Collier County on time and on budget. We appreciate your review of this submittal and look forward to an opportunity to continue working with Collier County. Thank you again for your consideration of this submission. Sincerely, Dalas D.Disney,AIA President,Disney&Associates,PA Dalas Disney(239)596-2872 DalasD @DisneyArchitect.net CC NA Solicitation#15-6530 Professional Design Services for Imniolialee Fitness Center Remodel TAB 1 Packet Page-1352- 4/12/2016 16.D.8. TAB II Tab II,Business Plan&Project Approach(30 Points, 1 page limit) In this tab, include: • Understanding of existing Fitness Center's features; • Detailed plan of approach(including major tasks and sub-tasks); and • Project Understanding - Describe the background of the project and the local circumstances driving the need for this program. • Key Issues - Describe the key issues anticipated for this project and summarize your approach to them and your experience dealing with similar issues on other projects. ('t.`N,A Solicitation#15-6531) Professional Design Stirs ices for Irmokalee fitness Cerder Remodel TAB 11 Packet Page -1353- 4/12/2016 16.D.8. TAB II Understanding of Existing Fitness Center's features The existing structure is,a CMU bearing wall, slab on grade structure with a bar joist roof structure. The spaces are partially finished in the storage room area. We understand the space was in the past an automotive repair training teaching space ( in part). The existing use is as fitness and training spaces, with weight machines and treadmills and renovation shall occur to rehabilitate the areas and add toilets. Disney & Associates will lead the project through Preliminary Building Design to Final Design, Bidding and Construction Administration. During the Building Design Phase, Disney&Associates and our team will: 1) Review the existing Site; 2) Generate schematic floor plans and site plans; 3) Review the design options along with the preliminary cost estimates with Collier County Staff. During the Final Design, Disney&Associates and our team will: 1) Provide construction documents including drawings and specifications to comply with the current Florida Building Code, in sufficient detail for bidding,permitting and construction; 2) Provide Material& color selections; 3) Submit documents on behalf of the County for building permit review; provide any support during that process to achieve a permit status of"Ready for Issuance"; 4) Produce a complete "For Construction" package of drawings and specifications, in preparation for bidding and contractor selection. During the Bidding Contractor Pricing Phase, Disney&Associates and our team will: 1)Coordinate with Collier County Purchasing in bidding requirements;2)Attend pre-bid conference; 3)Respond to contractor/subcontractor questions: 4)Prepare written Addenda,if applicable. 5)Assist Owner with pricing analysis. During the Construction Administration Phase, Disney&Associates and our team will: 1)Attend Preconstruction Conference, as well as Construction Site Meetings on a regular basis to process monthly Contractor Payment Applications; 2) Review Shop Drawings / Product Submittals and provide prompt reply to Construction Manager for Construction Coordination; 3) Respond to Requests for Information (RFIs) during construction as related to minor clarifications; 4) Maintain a Submittal Log to track sub-consultant reply to project submittals and RFIs; 5) Review and make recommendations on Contractor provided Change Orders; 6) Perform Final Completion Inspections, review submitted manuals and all other contract Closeout items. Project Understanding-Describe the background of the project and the local circumstances driving the need for this program. The exercise program is highly utilized by the community and has outgrown the existing space. Key Issues-Describe the key issues anticipated for this project and summarize your approach to them and your experience dealing with similar issues on other projects. 1. Keep Project on Schedule for Architectural and Engineering Aspects 2. Respect the Project Budget 3. Initiate Open and Frequent Communication 4. Meet or Exceed the Target Distribution of Work 5. Timely Review Submittals Limited to one page the commentary here is brief. We will work with County staff and set a schedule, work with local GCs for current costing to maintain budget control. We will over communicate on the needs and design requirements. We will not fall behind on our design work and we will be diligent in checking on the Contractors work and schedule. CCNA Solicitation#14-6356 Re-Design Packet Page -1354-g Center TAB 11-Page 1 4/12/2016 16.D.8. TAB III Tab III,Workload and Schedule(25 Points, 1 page limit) Provide a statement as to what effect your current workload will have on your ability to perform this work. Provide information that documents your firm and subcontractors' qualifications to produce the required outcomes, including its ability,capacity, skill,and financial strength, and number of years of experience in providing the required services. Also describe the various team members' successful experience in working with one another on previous projects. Include the following: • Detailed time line for completion of the project. • Provide current list of projects in the format identified below: Project Original Final Project Number of Start Date End Date Description Budget Cost Change Orders CC NA Solicitation#15-6 53() Professional Design Ser$.ices for[nrmokalee Fitness Center Remodel TAB III- Packet Page -1355- 4/12/2016 16.D.8. TAB III Capacity Disney & Associates has over the years sustained a slow and consistent growth and maintained a professional workforce that is stable and very experienced. Disney&Associates has over the years utilized a number of support services for projects and we are able to expand our operations upon very short notice. We have established relationships with a number of freelance drafters and designers and will, if required or requested,provide this support for any project assignment.We do not see the need for added support for this project. Current work load Our current workload is comfortable and our manpower for projects is available.We are not overbooked with a huge backlog of projects, and have capacity for the work that is constant in our office. We are able to serve our clients well and respond to schedule issues that may arise. We do not foresee any issue with the PRF project schedule and our manpower. Financial Strength Disney & Associates, PA is financially stable and financially able to meet Collier County's requirements for this project. We own all of our equipment and have no outstanding debts. There are no anticipated revisions to the firm structure, added partners, mergers, firm sales, or other impacts to report. Upon request, we will provide financial data to review. Number of Years of Experience in Providing the Required Services Disney &Associates, P.A. was established in April of 1994 by Dalas Disney, after 21 years with other Architectural firms; and at this submission date twenty (21) years continuous and successful operation in Collier County as Disney &Associates, PA. The firm is owned and managed by Dalas D. Disney, AIA, as a sole proprietor / Sub-S Corporation. Approval by the State Division of Corporations and the Board of Architecture has allowed the firm's name to be Disney & Associates, PA, in continuous business under the same name and management for the entire period of time,and providing public sector services for the entire twenty-one(21)years. Time Line for completions of the Immokalee Fitness Center Remodel Subject to verification with County Staff we suggest that the following schedule is appropriate and achievable. Agreement/Professional Fee/BCC Approval 4-6 Weeks Field Visit and Measure 1 day CAD Plan of Existing Conditions 1 day Staff Meeting/Programming/Report 1-2 weeks Concept Design Verification 1 week Final Design and Construction documents 10-12 weeks Permit submission and Collier County Review 4-6 weeks Bidding 4 weeks GC Agreement /BCC Approval 4-6 weeks Construction 16-20 weeks Total Project Time estimate 45-57 weeks The data below will not fit on the single page limit. We have added information as a supplement under tab VIII to satisfy this requested information. Project Original Final Project Number of Description Start Date End Date Budget Cost Change Orders CCNA Solicitation##15-6530 Professional Design Services for Immokalec Fit RCS'.Center Remodel I'B UI- Packet Page -1356- 4/12/2016 16.D.8. TAB IV Tab IV, Experience and Capacity of Firm (20 Points, 5 page limit) In this tab, include: • Provide a "not to exceed"two page "Firm Credential and Experience" narrative that identifies and highlights the firms credentials and experience relative to park facilities, permitting, success and cost effectiveness. • Provide brief resumes or bios of key individual and qualifying experience relative to recreational facilities that are available resources and assigned to this project. Include details of unique benefits that the firm offers on this project. • Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. CCNA Solicitation#15-6530 Professional C Packet Page 4357_mice Fitness Center Remodel TAB IV 4/12/2016 16.D.8. TAB IV Firm Credential And Experience Dalas D.Disney,AIA brings a very extensive background of Architectural Design Documentation and Construction to the Project Team,and is responsible for all Design,Contract and Construction Administration services provided by the firm. Dalas is familiar with Code Requirements,Facilities Management concerns, is a State Department of Education Certified Uniform Building Code Inspector, and is qualified to manage all types and sizes of Architectural projects, from Master Planning to minor renovations and additions. Dalas is also uniquely qualified to assist our clients as a Consulting Architect, providing services related to Facilities Planning,Architectural Design,and Construction Administration. Since opening Disney&Associates,Dalas has successfully completed designs on over 550 projects throughout SW Florida and is retained by numerous clients for projects including public sector.A repeat client base of over 65%and a consistent referral by current and past clients demonstrates success by Mr.Disney and the firm Disney&Associates,PA. Disney & Associates, P.A has one (1) licensed architect, Dalas D. Disney, registered in Florida and Colorado. Dalas is also a registered member of American Institute of Architects (MA), is a certified Building Code Inspector for Florida Department of Education,and is a member of the National Council of Architectural Registration Board(NCARB). Disney &Associates has provided services under Annual Contract for Collier County from 2001 with an extension to mid- 2006. The Fixed Term Agreement was renewed in 2006,and annually 2009 through 2013, and renewed in 2014 for 5 additional years. We have completed a number of smaller projects under Contracts RFP#01-3235,06-3929,09-5305,and 13-6164(AR). In similar past agreements, Disney & Associates has provided services for the District School Board of Collier County, Lee County,City of Ft Myers,and Charlotte School District. The firm's past services provided for Collier County have been Master Planning, Studies, Cost Analysis, Programming, Surveying, Construction Documents, Permitting Services, Bidding Services, and Construction Observation on a variety of smaller and medium sized projects.We have completed our project assignments on time and we have responded promptly to all requests related to our assignments. Our projects have been large, such as Collier Fleet; and small, such as Building F Toilet Renovations. Disney&Associates,PA is providing service for the proposed Northeast Recycling Drop-Off Center(NERDC)project. Disney &Associates provided the original Design of the structure; a one-story, concrete facility (as shown in this rendering) designed for Solid Waste acceptance, processing, sorting, compacting, and bailing of recyclable materials. Disney&Associates' involvement in the original design included: Concept Design, Coordination of Engineering rt Services, Construction Documents, Specifications,Bidding,Permitting. nism*&k,10( � y.s The Planning includes: • Review of site traffic patterns,vehicular access,and flow to the proposed structures. • Review of vehicular crossing patterns at the proposed site and developed operation recommendations. • Preparation of site utilization studies to identify building locations,roadway patterns,setback compliance,and water management preliminary layout and locations. • Attendance of staff meetings at the Main Government Campus for site concept discussions. • Consultations with the Civil Engineer,Davidson Engineering(A Team Member for the Redesign)for plan review and adjustments to minimize permitting impacts. • Preparation of a final color rendering to illustrate the concept site plan. CCN,%..Solicitation#15-6530 Professional I:Packet Page -1358-;nice Fitness Center Remodel TAB IV 4/12/2016 16.D.8. Construction Documents with technical specifications were completed based upon the approved concept. Multiple bid alternates were developed that allowed the acceptance of as much of the project as funds would allow. The project was bid, bids were reviewed and preparations were completed for the BCC award when the project was canceled and the current redesign solicitation was issued.We look forward to completion of this project. Disney&Associates,PA provided Architectural services for the North Collier Recycling Drop-off Center on Goodlette Road; a two-story building (approx. 3,600 sf) r 7�7 " "�. consisting of office work areas, a break room, �� � toilets, HVAC and electrical with data center, plus multiple bays for the acceptance of � 4 recycle material and separation of products. z ''" Site amenities included a large vehicle ` maneuvering loop to avoid backing, waste gasoline, full building power g emer enc g Y P ' generation, and landscaping. Disney & Associates, PA was responsible for the Master Planning, Architectural; Construction Observation, Coordination of Engineeringq `' Services, Submittal Reviews, and Project Close-out. The project was completed in October 2011, on schedule and on original budget. The Collier County Fleet Facility project was undertaken by Disney & Associates as the Master Planning Architect, and consisted of several separate commercial buildings located on a 10 acre parcel. The land uses included a new Board of County Commissioners (BCC) Fleet Maintenance Facility consisting of 41,316 sf, a Sheriff's Administration and Maintenance Facility consisting of 33,865 sf, a vehicle wash rack, a communication tower, and associated vehicle storage. The = °' � project successfully completed rezoning of the land parcel in petition to the Board of County Commissioners. Proposed site improvements included on-site parking and +Y driveways,and associated underground infrastructure. Disney & Associates, PA was responsible for the Master Planning, Architectural, Construction Observation, Coordination of Engineering Services, Submittal Reviews, and Project Close-out in 2009. Our involvement with ,Xr Collier County was successful, and our team efforts with the Construction Manager were fully cooperative and responsive to the - project needs. The project was within the established budget and completed without change orders. 7`. (.CN3,,Solicitation#15-6530 Professional 11 Packet Page -1359-,glee Fitness Center Remodel TAB IV 4/12/2016 16.D.8. Dalas D. Disney, AIA Mr. Disney earned his professional Architectural License through direct experience, motivation, intensive study, and extensive state board examination. His extraordinary extensive and varied background in all aspects of Project Management, Contract Documents, Specifications, and Construction Administration, includes work on major projects ranging from Fleet Maintenance Facilities, offices, banks and churches to correctional institutions and recreational projects. Disney & Associates has provided services under Annual Contract type of Professional Service for Collier County,from 2001 with an extension to mid-2006.The Fixed Term Agreement was .1 renewed in 2006, annually in 2009 through 2013, and renewed in 2014 for 5 additional years. In similar agreements, Disney &Associates has provided services for the District School Board of Collier County. Disney & Associates, PA was established in April of 1994 by Dalas Disney, after 21 years with other Architectural firms. Dalas D. Disney, AIA, brings a very extensive background of Architectural Design Documentation and construction to the project team and is familiar with Facilities Management concerns,Code Requirements, is a State Department of Education Certified Uniform Building Code Inspector, and member of Collier County Development Services Advisory Committee (DSAC) since 1994. The vast majority of Disney's project experience has been in Southwest Florida. Disney&Associates, PA is intimate with the various code requirements and the general process for projects, Site Development Plans (SDP), Development Orders, Water Management Districts (SFWMD and SWFWMD), the Florida Building Codes and Project Inspection requirements. Additionally, Mr. Disney is well versed on the process and submittal requirements for Collier County, Building and Planning. 1994 to Present Disney&Associates,PA,Architects and Planners, Naples, FL 1993 to 1994 Latavish, Disney&Associates, P.A.,Architects, Naples, FL, Principal 1988 to 1993 Collier County Public Schools, Naples, FL, Interim Director,Office of Facilities Planning and Construction,School Board Architect and Project Manager 1986 to 1988 W.R. Frizzell Architects, Ft Myers, FL, Director of Construction Administration 1985 to 1986 The Mulhern Group, Denver,CO, Director of Construction Services/Project Mgr. 1973 to 1985 C.W. Fentress and Associates, Denver,CO, Project Architect and Construction Administrator;The Luckman Partnership, Los Angeles and Denver, Project Capt.; HHCP Architects, Inc., Maitland, Florida, Project Captain;W. R. Frizzell Architects, Fort Myers, FL,Job Captain and Architectural Draftsman REGISTRATIONS AND AFFILIATIONS Registered Architect: States of Florida and Colorado American Institute of Architects(AIA) Certified Uniform Building Code Inspector: Florida Department of Education National Council of Architectural Registration Boards(NCARB) Development Services Advisory Committee(DSAC),Collier County, 1994 to Present AWARDS 2014 Lee BIA Merit Award:Best Specialty Contracting-Interiors-Healthcare for The Woodruff Institute—Estero 2013 AIA Florida Southwest Chapter, W.R. Frizzell Medal of Honor Award 2010 Sand Dollar Award, CBIA-Best Office/Best Specialty Feature, Humane Society Naples 2009 Summit Awards, Best Industrial Building Project, Collier County Sheriff's Fleet Facility 2007 Sand Dollar Award, CBIA-Best Commercial Building,Our Lady of Light Catholic Church 2006 Sand Dollar Award, CBIA-Best Commercial Building, Commercial Clean-Up Packet Page -1360- 4/12/2016 16.D.8. Liebi & Barrow Engineering, Inc. Structural Engineering • Threshold Inspection IRIAN LIE IL, RE. Education: Bachelor of Science degree in Civil Engineering, 1980, Polytechnic Institute of New York.Graduate courses in Structural Engineering,Polytechnic Institute of New York. Professional Engineering Licenses: Florida No.43087 New York No. 61751 Florida Special Inspector No. 1087 Professional Experience: Structural engineer with 34 years experience in developing plans and specifications for construction of new buildings, rehabilitation of existing buildings and other structures; design and inspection of building construction; investigation and analysis of structural failures and fire-damaged structures; and management of construction projects. Familiar with concrete design including post-tensioned, pre-stressed, pre-cast and conventional systems; steel framing; wood framing; pile and caisson foundation systems. Designed residential, industrial and commercial projects including numerous hospitals,office buildings, and industrial facilities. Representative Structural Projects: Ave Maria University—La Piazza Buildings Lee County Public Works Facility Collier County, FL Fort Myers, FL Lee County Constitutional Complex Naples Fire Station#2 Fort Myers, FL Naples, FL 10 Story Condominium 22 Story Condominium Pelican Isle Bldg. 3 St.Pierre at Pelican Bay Collier County, FL Naples, FL Coconut Point Fire Station Fire Station#71 Bonita Springs, FL Golden Gate, FL Fire Station#72 Fire Station#73 Golden Gate, FL Golden Gate, FL North Collier Hospital OB/GYN Building North Fort Myers Fire Station Collier County, FL North Fort Myers, FL Long Island College Hospital—20 Story Southwest Florida International Airport Brooklyn, NY Terminal B Expansion Lee County, FL Audi VW Dealership Ritz Beach Club Naples, FL Sarasota, FL Our Lady of Light Church Naples Sailing and Yacht Club Naples, FL Naples, FL 10970 South Cleveland Ave., Ste 105 • Fort Myers, FL 33907 Phone (239) Packet Page 1361-�39) 936-6817 4/12/2016 16.D.8. m BURGESS BRANT COA#6032 CONSULTING ENGINEERS BBCE @BURGESSBRANT.COM 12995 S. CLEVELAND AVENUE, SUITE 229 PHONE: (239) 274-0020 FORT MYERS, FLORIDA 33907 FAX: (239) 274-0021 Mark A. Brant, PE Mechanical Engineer Experience &Responsibilities Mr. Brant has been employed since 1997 in M.E.P. design. He received his Bachelor of Science Degree in Mechanical Engineering in 1993. He became a licensed Professional Engineer in 1999. Prior to working with Burgess Brant Consulting Engineers, he was the principal and owner of Mark A. Brant, P.E. L.L.C. Mr. Brant has extensive experience in indoor air quality remediation, code interpretation, plumbing, fire sprinkler, electrical and HVAC design. His consultation and construction experience is extensive in the following areas. Project Design Experience • Single and Multifamily Residential (Low, Mid, and High Rise) • Educational (Schools, Administrative, Universities) • Commercial (Banks, Offices, Restaurants, Sports, Gymnasiums, Motels, Hotels, Parking Buildings) • Industrial (Waste and Portable Water Treatment Facilities and Storage) • Institutional/Government (Jails, Government Office Buildings, Laboratories) • Medical • LEED certified design Education University of Texas at Austin B.S.M.E. (Mechanical Engineering) Austin, Texas Professional Registration Professional Engineer Florida - PE #54692 Professional Affiliations Building Envelope Seminar Coordinator Junior League of Fort Myers, Community Advisory Board S.W. Florida A.S.H.R.A.E. Chapter President Edison Pageant of Light Member Edison Festival of Light Volunteer Holiday House Volunteer Packet Page -1362- 4/12/2016 16.D.8. TAB V Tab V: Firm Profile and Assigned Staff Experience Profile (Maximum 15 Points, 1 page limit) Provide information that document's your firm's qualification to produce the required deliverables, including abilities, capacity, skill and financial strength in response to the items 1 — 5 below. 1. How many times has your firm been required to reimburse a None 10 customer for Errors and Omissions? None = 10 points, 1-5 = 5 points 6 and up = 0 points. 2. Has the lead project manager assigned to this project have direct experience working with a government agency on a similar sized Yes 10 project before? • If yes, place one (10) on the line in the adjacent entry field. If no, place zero (0) on the line in the adjacent entry field. 3. Have a minimum number of five (5) years that firm in operation. Yes = 5 No = 0 Yes5 4. Number of similar design projects in the past five (5) years. 60 + Projects 5. Identify the number of technical staff assigned to this project (including, but not limited to engineers, supervisors, estimators, 10 Persons including inspectors) if awarded a contract for this RFP. Engineers TOTAL (add 1 + 2 + 3+4+ 5 ) 95 This Tab will be pre-scored similarly to Tab VI Consultant Name Total Reference Score Points Awarded Consultant ABC 45 15 Consultant DEF 42 14 Consultant GI-II 38 13.6 Consultant MNO 32 12.6 Please see supplemental data under Tab VIII P solicitation#15-6s3O ProksNionsi Resign Sea siccs for ftnrn i alce iiness _'enter Remodel I AB V-Page 1 of 1 Packet Page -1363- 4/12/2016 16.D.8. TAB VI Tab VI, References—5 Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar com nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Total Reference Score Points Awarded Consultant ABC 445 10 Consultant DEF 425 9.6 Consultant GI-II 388 8.7 Consultant JKL 365 8.2 Note: Sample chart reflects a 10 point reference criterion. We note that references are identified at two locations in the RFP document, this location and Attachment 8: Reference questionnaire.Please see Attachment 8 for our References. .may AM, ..rrw Disney & Associates, . PA has visited the project site. 1 ' f:- .. _ _ !, (\,, '! .e 6 <. C't; k Solicitation 4"i5-6530 Professional 1)e,,ign Sep,ices for Ie asuof.aiee Fitness€enter Remodel I\II i'1 Packet Page -1364- 4/12/2016 16.D.8. TAB VII Tab VII,Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and/or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. Disney&Associates, PA does not take exception to the conditions of the RFP.#15-6530 CCNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel TAR VII-Page 1 of 1 . Packet Page-1365- 4/12/2016 16.D.8. Co Ter County Administrative Services Division Purchasing Attachment 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. El Any addenda have been signed and included. II The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Brenda Brilhart, Procurement Strategist Solicitation: Professional Design Services for Immokalee Fitness Center Remodel ® The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. el The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Disney&Associates, PA Address: 1865 Veterans Park Drive, Suite 301 City, State, Zip: Naples, Florida 34109 Telephone: (239) 596-2872 Email: n1al-. ) • rjj-ne Arch' e•jt Representative Signature I Representative Name Dalas D. Disney Date: 12/08/2015 CNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel Packet Page -1366- 4/12/2016 16.D.8. Tyr County Administavet Services Division Purchasing Attachment 3: Conflict of Interest Affidavit 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 proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: Disn:► ..L: oci sc-s PA Signature and Date: ��if 12-08-2015 Print Name Dalas D. Disney Title of Signatory President/Architect State of Florida County of Collier SUBSCRIBED AND SWORN to before me this .84/1 day of C( ber, 20 15 _ �� m by f}ca ins ® , i 9)ocr: , who i ersonal o me to be the for the Firm, OR who produced the following identification Notary Public BELINDA A.MALOLLI ll My Commissiio�n� Expires I :�1 � `A,�v1�i NOTARY PUBLIC ��� - � . —STATE OF FLORIDA . Demme EE846907 Expires 10/28/2016 CNA Solicitation#15-6530 Professional Design Services for 1mmokalee Fitness Center Remodel Packet Page-1367- 4/12/2016 16.D.8. Coiter County Administrative Services Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 15-6530 Re Professional Design Services for Immokalee Fitness Center Remodel 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. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 18th day of November, 2015 in the County of Collier, in the State of Florida. Firm's Legal Name: Disney&Associates, PA Address: 1865 Veterans Park Drive, Suite 301 City, State,Zip Code: Naples, Florida 34109 Florida Certificate of P96000012911 Authority Document Number Federal Tax TIN: 65-0640613 Identification Number CCR # or CAGE N/A Code Telephone: (239) 596-2872 FAX: (239 5 287 Signature by: /Dalas Disney (Typed and written) CNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel Packet Page -1368- 4/12/2016 16.D.8. Additional Contact Information Send payments to: Disney&Associates,PA (required if different from Company name used as payee above) Contact name: Dales Disney Title: President Address: 1865 Veterans Park Drive,Suite 301 City,State,ZIP Naples, Florida 34109 Telephone: (239)596-2872 FAX: (239)596-2874 Email: DalasD @DisneyArchitect.net Office servicing Collier (Same as Above) County to place orders (required if different from above) Contact name: Dales Disney Title: President Address: 1865 Veterans Park Drive,Suite 301 City, State,ZIP Naples,Florida 34109 Telephone: (239)596-2872 Email: DalasD @DisneyArchitect.net CNA Solicitation 415-6530 Professional Design Services for inli iolialee Fitness Center Remodel Packet Page -1369- 4/12/2016 16.D.8. Colter County Administrative Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 15-6530 Professional Design Services for Immokalee Fitness Center Remodel This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals(RFP)submittals. Further, 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. Failure to include this Affidavit and acceptable evidence of enrollment in the E Verify program may deem the Consultant/Bidder'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/Bidder's proposal. Company Name Disney&Associates, PA Print Name D-la ►. Di, ey A Title President/Architect Signature � / � �!�1!,� Date 12-08-2015 State of Florida County of Collier IA The foregoing instrument was signed and acknowledged before me this day of Off'CC i 20 ,b L,41t S , Oisnr y who has produced 1) 96010'15:3 347 70 as identification. (Pant or Type Name)//��, (Type of Identification and Number) A-1 �`Grt - BELINDA A.MALOLLI Notary Pub ignature f' . NOTARY PUBLIC �\ '. STATE OF FLORIDA .,. Printed Name of Notary Public • Comm#EE848907 Expires 10/28/2016 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. CNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel Packet Page -1370- 4/12/2016 16.D.8. EmployerWizard Page 1 of 1 E-Verft. - ytt i>�M1y Employment Eligibility Verification Mai Dinar 00151465 0:40 AM-11/11t2013 Log Out Home Company Information New Case View Cases Company Name: Disney&Associates,PA Search Cases Company ID Number: 369516 Edit Profile Name: Business As(DOA) Name: Change Password DUNS Number. 015895410 Change Security Questions Physical Location: Mailing Address: Edit Company Profge Address.1: 1865 Veterans Park Drive Address 1: Add New User Address 2: Suite 301 Address 2: View Existing Users City: Naples City: Close Company Account State: FL State: ..... Zip Code: 34109 Zip Code: View Report* County: COLLIER View Essential Resources Additional Information: Take Tutorial Employer identification Number-650640613 View User Manuel Total Number of Employees: 1 too Contact Us Parent Organization: Administrator: Organization Designation: Employer Category: None of these categories apply NAICS Code: 541-PROFESSIONAL SCIENTIFIC,AND TECHNICAL SERVICES Total Hiring Sites: 1 Total Points of Contact:1 U.S.Department of Homeland Sawa,-wave.dhs.gov US.Chiron:hipaut Immigration Services•war sdegov lwuuibiMy Doxnbad Vieenn https://e-verify.uscis.gov/emp/EmployerWizard.aspx 11/11/2013 Colter County Administrative Services Division Purchasing CNA Solicitation#15-6530 Professional Design Services for Immokalee Fitness Center Remodel Packet Page -1371- Attachment 6: Consultant Substitute W—9 4/12/2016 16.D.8. 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 Dales D. Disney (as shown on income tax return) Business Name Disney&Associates, PA (if different from taxpayer name) Address 1865 Veterans Park Dr,Suite 301 City Naples State Florida Zip 34109 Telephone(239)596-2872 FAX(239)596-2874 Email DalasDta>.DlsneyArchitect.net Order Information Remit/Payment Information Address 1865 Veterans Park Dr,Suite 301 Address 1865 Veterans Park Dr,Suite 301 City Naples State FL Zip 34109 City Naples State FL Zip 34109 FAX (239)596-2874 FAX(239)596-2874 Email dalasdadisnevarchitect.net Email dalasdt+disnevarchitect.net 2. Company Status(check only one) Individual1 Sole Proprietor !Corporation Partnership Tax Exempt (Federal income tax-exempt entity _.Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c)3) C Enter the tax classification (D=Disregarded Entity, C=Corporation,P=Partnership) 3. Taxpayer Identification Number(for tax reporting purposes only) Federal Tax Identification Number(TIN) 65-0640613 (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification:Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signatur- Date 12-08-2015 i CNA Solicitation t#15-630 Professional Design Services for Imrnokalee Fitness Center Remodel Packet Page -1372- 4/12/2016 16.D.8. Co icrsrty Administrative Services Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. Z Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ® Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ■ Professional Liability $1,000,000 per claim and in the aggregate RFP_CCNA Template_RevisedJune2009 Packet Page -1373- 4/12/2016 16.D.8. • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc.of 75 Fulton Street, New York, New York 10038. 8. El 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. 9. l>31 Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County (or Collier MPO). The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty(30) Days Cancellation Notice required. 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 DI NEYA; ASSOCIATES, PA Date 12-08-2015 Consultant 4ef 1-91 Si nature ] Ir g ti Print Name DALAS D. DISNEY Insurance Agency USI INSURANCE SERVICES, LLC—Tampa, Florida Agent Name Brian King,Account Manager Telephone Number 813-321-7559 CNA Solicitation#15-6530 Professional Design Services for Imnnmokalee Fitness Center Remodel Packet Page -1374- Client#: 1049686 DISNEASS 4/12/201616.D.8. ACORDTM CERTIFICATE OF LIABILITY INSURANCE I 11/19/2015 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 -SLOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED :PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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 CONTACT NAME: USI Insurance Services, LLC, PHONE (A/C,No,Ext):813 321-7500 FAX (A/C,No): 813 321-7525 1715 N.Westshore Blvd.Suite 700 E-MAIL ADDRESS: Tampa, FL 33607 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A:Old Dominion Insurance Co 40231 INSURED INSURER B;Travelers Casualty and Surety C 31194 Disney&Associates, P.A. INSURER C:Liberty Insurance Underwriters, 19917 1865 Veterans Park Drive INSURER D: Suite 301 INSURER E Naples, FL 34109-0447 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X BPG98048 07/10/2015 07/10/2016 EACH OCCURRENCE _$1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO(Ea occu RENTED $500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO-JECT LOC $ AUTOMOBILE LIABILITY X BPG98048 07/10/2015 07/10/2016 EOa aBc debt)INGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS X HIIREDSAUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION UB7083Y418 09/09/2015 09/09/2016 X WoRYTUMITS EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional AEA102001 06/17/2015 06/17/2016 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Professional Liability coverage is written on a claims-made basis. Re:Collier County RFP#15-6530.For any and all work performed on behalf of Collier County.Collier County Board of County Commissioners is an additional insured with respect to the General Liability coverage where required by written contract. CERTIFICATE HOLDER CANCELLATION Collier County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE of '- 0t9---01*.,aro."' -. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and lo Packet Page -1375-4 ACORD #S16707316/M16029467 BPKEW 4/12/2016 16.D.8. Co Tiler County Administrative Services Department Procurement Services t?�tision Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: Disney&Associates, PA (Name of Company Requesting Reference Information) Disney&Associates, PA /Architecs (Name of Individuals Requesting Reference Information) Name: Mr. Hank Jones Company: Collier County Goverment (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Hankjones @colliergov.net FAX: 239-793-3795 Telephone: 239-252-8554 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Collier County Fleet Facility Completion Date: February 2008 Project Budget: Est 9,316.811 Actual $9,171,400 Project Number of Days: 760 Days (2 YRS, 1 Month) Completed under budget Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents,final product turnover; invoices; 10 manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, clearly and 10 succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 hjj Please E-mail this completed survey to: DalasD( DisneyArchitect.net By 11-25-2015 RFP_CCNA_Tem plate_RevisedJune2009 Packet Page -1376- 4/12/2016 16.D.8. Coer Cou rtty Administrative Services Department Procurement Scribes Division Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: Disney&Associates, PA (Name of Company Requesting Reference Information) Disney&Associates, PA /Architects (Name of Individuals Requesting Reference Information) Name:Mr. Bob Middleton Company:City of Naples (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: Rmiddleton @Naplesgov.com FAX: 239-213-4799 Telephone: 239-213-4712 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: City of Naples Recycle Tranfer Completion Date: December 2013 Facility Project Budget$2,954,655 Project Number of Days: 790 (2 Years, 2 Months) Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents,final product turnover; invoices; 10 manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, clearly and 10 succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please E-mail this completed survey to: DalasD @disneyarchitecs By 11-25-2015 RFP_CCNA_Template_RevisedJune2009 Packet Page -1377- 4/12/2016 16.D.8. Coter County Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: Disney&Associates, PA (Name of Company Requesting Reference Information) Disney&Associates, PA/Architect (Name of Individuals Requesting Reference Information) Name:Mr. Claude Nesbitt Company:Collier Co.Goverment (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: ClaudeNesbitt@colliergov.net FAX: 239-793-3795 Telephone: 239-252-7641 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Collier Co Sheriffs Fleet Facility Completion Date: October 2009 Project Budget: Est. $9,273,000/Actual $8, 496,400 Project Number of Days: 605 Days ( 1 Year 8 Months) Savings to collier Co.Allowed For new Fleet Carwash Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents,final product turnover; invoices; 10 manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, clearly and 10 succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please E-Mail this completed survey to: DalasD a(�DisneyArchitect.net By 11-25-2015 RFP_CC NA_Tem plate_RevisedJune2009 Packet Page -1378- 4/12/2016 16.D.8. Co le-r County Administrative Services Department Procurement Services DI Yision Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: Disney&Associates, PA (Name of Company Requesting Reference Information) Disney&Associates, PA/Architects (Name of Individuals Requesting Reference Information) Name: Mr. David Dunnavant Company:Barron Collier Companies (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: DDunnavant @Barroncollier.com FAX: 239-261-1797 Telephone: 239-403-6875 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Creekside Reatail Center Completion Date: December 2015 Project Budget: $10,200,000 Project Number of Days:605 Days (1 year 8 months) Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. . 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final product turnover; invoices; 10 manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, clearly and 10 succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future(customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please E-mail this completed survey to: DalasD @Disneyarchitect.net By 11-25-2015 RFP_CCNA_Template_RevisedJune2009 Packet Page -1379- 4/12/2016 16.D.8. Co yer County Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: RFP 15-6530 - Professional Design Services for Immokalee Fitness Center Remodel Reference Questionnaire for: Disney&Associates, PA (Name of Company Requesting Reference Information) Disney&Associates, PA /Architecs (Name of Individuals Requesting Reference Information) Name:Ms. Allyson Holland Company:City of Naples (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email:AMHolland @Naplesgov.com FAX: 239-213-4799 Telephone: 239-213-4713 Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Utilities Building Re-Roof Completion Date: June 2015 Project Budget: $118,400 Project Number of Days: 210 Days ( 7 Months) Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 10 2 Ability to maintain project schedule (complete on-time or early). 10 3 Quality of work. 10 4 Quality of consultative advice provided on the project. 10 5 Professionalism and ability to manage personnel. 10 6 Project administration (completed documents, final product turnover; invoices; 10 manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information timely, clearly and 10 succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 10 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 10 Overall comfort level with hiring the company in the future (customer satisfaction). 10 TOTAL SCORE OF ALL ITEMS 100 Please E-Mail this completed survey to: DalasD(a�DisneVArchitect.net By 11-25-2015 RFP_CCNA_Template_RevisedJune2009 Packet Page -1380- 4/12/2016 16.D.8. THE STATE BOARD OF ARCHITECTURE STATE OF FLORIDA CERTIFIES WHEREAS Dellis D.`Dish` HAS SATISFACTORILY SHOWN TO THE SAID STATE BOARD OF ARCHITECTURE HIS COMPETENCY AND FITNESS TO PRACTICE ARCHITECTURE: NOW THEREFORE BY VIRTUE OF THE POWERS VESTED IN IT BY THE STATE OF FLORIDA, THE SAID BOARD OF ARCHITECTURE HEREBY DOES ISSUE THIS CERTIFICATE TO PRACTICE ARCHITECTURE IN THE STATE OF FLORIDA AS PROVIDED IN THE STATUTES TO REGULATE THE PRACTICE OF ARCHITECTURE SUBJECT TO THE REVOCATION POWERS VESTED IN THE BOARD ��, • %%2A IN TESTIMONY WHEREOF WITNESS REGISTRATIO OUR SIGNATURE A N D.5 aZIT9HS N U M B E BORD TiH AY 12,511 , ape' CNAIRYAN &)h!L1ERNON VIO[•-p4A001AN Packet Page -1381- 4/12/2016 16.D.8. RICK SCOTT,GOVERNOR KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ri . BOARD OF ARCHITECTURE&INTERIOR DESIGN € - LICENSE NUMBER AR0012511 ' r_. The ARCHITECT -� Named below IS LICENSED ` Under provisions of Chapter 481 FS. Under-the date: FEB 28, 2017 DISNEY, DALAS D 1865 VETERANS PARKED , 01 NAPLES FL, ' ❑ ■ p. .4 FAT J ISSUED: 02/08/2015 DISPLAY AS REQUIRED BY LAW SEQ# L1502080000945 RICK SCOTT,GOVERNOR KEN LAWSON,SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION � BOARD OF ARD ITECTURE& INTERIOR DESIGN b LICENSE NUMBER - . My pe AA0002502 The ARCHITECT FIRM ,41; Named below IS CERTIFIED Under the provisions of Chapter 481 FS. Expiration date: FEB 28,2017 ett AS A FICTITIOUS NAME ,R . . p DISNEY&ASSOCIATES, P A �' � • 4 . 1865 VETERANS PARKED X301 .rte r A -- NAPLES FL 8410 . �� � k <� �4 _6:13: ti It ;. x ❑ . 3 k ISSUED: 02/08/2015 DISPLAY AS REQUIRED BY LAW SEQ# L1502080001050 Packet Page -1382- 4/12/2016 16.D.8. FLORIDA BOARD OF ARCHITECTURE AND INTERIOR DESIGN CERTIFICATE OF CORPORATE AUTHORIZATION AA0002502 DISNEY & ASSOCIATES The above named Fictitious Name having heretofore filed the necessary documents with the Board and having submitted its application complying with Section 481, Part 1, Florida Statutes, seeking a Certification of Authorization to practice architecture by individual architects or by the Fictitious Name offering architectural services to the public through individual registered architects and the Board finding that the application should be granted, said Fictitious Name is hereby granted this Certificate of Authorization under said statute to practice architecture by individual architects or to offer architectural services to the public through individual registered architects. IN WITNESS WHEREOF, the Board has directed its Chairman to sign and seal this Certificate of Authorization this May 27, 1994. FLORIDA BOARD OF ARCHITECTURE AND INTERIOR DESIGN Car Gerken, Chairman This certificate valid only when substantiated by a current license issued by the Department of Business and Professional Regulation in addition to active registration of the firm's qualifying agent. Packet Page -1383- 4/12/2016 16.D.8. 1 COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 932°8.1 COLLIER COUNTY'TAX COLLECTOR-2800 N.HORSESHOE'DRIVE-NAPLES FLOE IDA 34104--(239)252-2477 VISIT OUR WEBSITE AT:www.colliertax.com THIS"RECEIPT EXPIRES'SEPTEMBER 30, 2016 DISPLAY FAILURE TO DDO SO IS CONTR�ARYRTO LS LIC INSPEf� O 1 LOCATION:1865 VETERANS'PARK DR.#301 '+�,, � 03CAL� . ,r ee AL FORltlll4, N ZONED: PUD - THIS TAXIS NON-REFUNDABLE - CORPRATION BUSINESS P596-2872 - a STATE LIC:PHONE:ONE: 779 '' .0,1"r‘ I.. DISNEY&ASSOCIATES P:A, DISNEY,DAI-ASD 1865 VETERANS PARK DR.#301 t, rt "> 4. NAPLES FL 34109-0000 , CLASSIFICATION:ARCHITECT DATE 09/2812015 R AMOUNT 30.00 CLASSIFICATION CODE: 03600201 RECEIPT 4097.41 i This document is a business tax only.This is not certification that licensee is qualified, i It does not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities + nor does it exempt the licensee from any other taxes-or,permits that may be required by law. K g 4. Packet Page -1384- 4/12/2016 16.D.8. 471 Disney & Associates, P.A. Architecture and Planning 1865 Veterans Park Dr.,Suite 301 Naples,Florida 34109-0447 Phone 239.596.2872 Fax 239.596.2874 AA 0002502 Disney &Associates, PA - Company Overview Disney & Associates, PA's office is located in Naples, Florida and is managed by Dalas D. Disney, AIA. Our firm was established in April of 1994 by Dalas Disney, after 21 years with other Architectural firms; and at this submission date twenty (20) years continuous and successful operation in Collier County as Disney & Associates, PA. We offer a personal approach that can be best delivered by a local firm well experienced in serving government clients. The firm principal is actively involved in all of our projects on a daily basis, and can offer an owner's full attention to all phases of our projects with immediate decisions. There are no anticipated revisions to the firm structure, added partners, mergers, firm sales, or other impacts to report. Disney & Associates, PA is financially stable with all equipment owned, not leased, and no outstanding debts. Dalas D. Disney, AIA brings a very extensive background of Architectural Design Documentation and Construction to the Project Team, and is responsible for all Contract and Construction Administration services provided by the firm. Dalas is familiar with Code Requirements, Facilities Management concerns, is a State Department of Education Certified Uniform Building Code Inspector, and is qualified to manage all types and sizes of Architectural projects, from Master Planning to minor renovations and additions. Dalas is also uniquely qualified to assist our clients as a Consulting Architect, providing services related to Facilities Planning, Architectural Design, and Construction Administration. Mr. Disney's background is varied and has included involvement in project types including Governmental, Municipal, Churches, Office Buildings, Retail, Banks, Health Care, Schools, Restaurants, Transportation, Industrial, Entertainment, Convention, Renovations, Residential and Interior projects. NAPLES FIRM Our office is conveniently located off Immokalee Road in North Naples, with easy access to I-75 for travel to all areas of the South Florida region. We are able to provide expedient services for projects located throughout Southwest Florida, having design and construction involvement with numerous buildings in Naples, Ft Myers, Everglades City, Immokalee, Marco Island, and Bonita Springs. Since opening Disney & Associates, PA, our firm has successfully completed designs on over 500 projects throughout Southwest Florida and is retained by numerous clients for projects on a repeat basis. The majority of our work comes from consistent referral by current and past clients; a testimonial that demonstrates successful performance and responsiveness by Mr. Disney and the fiun, Disney&Associates, PA. Packet Page -1385- 4/12/2016 16.D.8. Liebl & Barrow Engineering, Inc. Structural Engineering • Threshold Inspection Subcontractor for Structural Engineering Services 1. Firm: Liebl & Barrow Engineering, Inc. 10970 South Cleveland Avenue, Suite 105 Fort Myers, FL 33907 Tel: (239) 936-7557 FAX: (239) 936-6817 www.lbengineer.com 2. Contact Person/ Project Manager: Brian Liebl, P.E. Tel: (239) 936-7557 FAX: (239) 936-6817 Email: brian @Ibengineer.com Availability: Project manager assures availability at 90% of the time. 3. Key Staff: Brian Liebl, PE • Principal Engineer and Vice-President of Liebl & Barrow Engineering, Inc. • Will be the primary contact for this project. • General responsibility covers structural analysis, design, & overall project coordination and management. • Fifteen years with current firm and 20 years with other firms • Bachelor of Science in Civil Engineering, NY Polytechnic Institute, 1980 • Graduate Courses in Structural Engineering, NY Polytechnic Institute • Florida Licensed Professional Engineer; registered since 1990 • Florida Licensed Special Inspector; registered since 1990 • New York Licensed Professional Engineer, registered since 1985 • Board of Director for Southwest Florida Construction Specification Institute Richard S. Barrow PE • Principal Engineer and President of Liebl & Barrow Engineering, Inc. • Will be the support engineer for this project. • General responsibility covers quality assurance of project design. Will be available in the absence of the primary contact engineer. • Fifteen years with current firm and 12 years with other firms • Bachelor of Science in Civil Engineering, Purdue University, 1986 • Master of Science in Civil Engineering, University of Texas, 1988 • Florida Licensed Professional Engineer, registered since 1995 • Florida Licensed Special Inspector , registered since 1997 10970 South Cleveland Ave., Ste 105 • Fort Myers, FL 33907 Phone (239) 936-7557 • Fax (239) 936-6817 Packet Page -1386- 4/12/2016 16.D.8. • Georgia Licensed Professional Engineer , registered since 2008 • North Carolina Licensed Professional Engineer, registered since 2008 • Alabama Licensed Professional Engineer, registered since 2010 • Texas Licensed Professional Engineer, registered since 1991 • USAR/FEMA Structures Specialist II • President of Southwest Florida Structural Engineering Association 4. Company Profile Liebl & Barrow Engineering, Inc. offers a complete range of structural engineering and inspection services in Southwest Florida. Our firm specializes in the design of new construction and the rehabilitation of existing structures. Our extensive experience with large structures has qualified us to offer threshold inspection services as required by the Florida Threshold Building Statute. Established in 1998, Liebl and Barrow Engineering, Inc. has worked successfully with numerous leading architects and contractors throughout Southwest Florida. We have also been involved with many public projects for Lee and Collier counties. We have completed over 1,300 projects in our sixteen years in business. 5. Company Project Management Policy Liebl & Barrow Engineering, Inc. is a full service structural engineering firm. We follow the project from conceptual design through construction to assure the Client's expectations are met. This involves (a) working closely with the Architect in completing the structural engineering design, (b) providing construction administration, answering field questions, and review of shop drawings to assure conformity with the structural design, and (c) providing inspections to confirm that the construction is in accordance with the permitted documents. During the design phase, we work diligently to stay on or ahead of schedule while maintaining constant communications with the Architect and other design team members. We use the latest information technology tools and CADD software that allow us to easily transfer and receive data to and from all project team members in a timely manner. During construction, our ability to work with contractors has been our trademark. We understand the urgency required when responding to inquiries from the Contractors. We also understand that there is often more than one way to solve a problem and always look for a safe, but cost effective and schedule sensitive solution. 10970 South Cleveland Ave., Ste 105 • Fort Myers, FL 33907 Phone (239) 936-7557 • Fax (239) 936-6817 Packet Page -1387- 4/12/2016 16.D.8. BURGESS BRANT COA#6032 CONSULTING ENGINEERS BBCE @BURGESSBRANT.COM 12995 S. CLEVELAND AVENUE,SUITE 229 PHONE: (239) 274-0020 FORT MYERS, FLORIDA 33907 FAX: (239) 274-0021 COMPANY OVERVIEW BACKGROUND: Burgess Engineering Inc., (dba — Burgess Brant Consulting Engineers) was established in Lee County in 1965. The firm specializes in electrical and mechanical engineering design for commercial, institutional, residential and health care facilities. The staff at Burgess Brant Consulting Engineers brings over 75 years of design and field experience in the state of Florida. SERVICES OFFERED: Burgess Brant Consulting Engineering, Inc., (BBCE) offers a complete range of Mechanical and Electrical Engineering Design, Construction Administration, and Inspection services including: Building System Design Building Inspection Electrical Power Distribution Code Compliance Investigation Electrical Lighting Design Insurance Claims Investigation Electrical Lighting Photometrics Design Association Turnover Inspection Heating, Ventilation, &Air Conditioning Design Personal Injury Investigation Plumbing Systems Design Fire Forensics Fire Alarm / Security Systems Design Communication Systems Design Power Generation Fire Protection (Sprinkler) Systems Design Stand-By Power Generation & Controls Building Envelope and I.A.Q. Consultation Emergency Systems Design Packet Page -1388- 4/12/2016 16.D.8. titi . .„,____Collier County Fleet Facilities Management and Sheriff's Office t w , L- ''Alt '"--.' - . .., Disney&Associates, PA was the Master Planning Architectural firm, and Dalas Disney was the Lead Architect for the Collier County Fleet Facilities Project in Naples,completed in 2009.The land uses included a Board of County Commissioners Fleet Maintenance Facility consisting of 41,316 SF,a new Sheriff's Administration and Maintenance Facility consisting of 33,865 SF, a new Vehicle Wash Rack,a new Communication Tower,and an associated site vehicle parking,and fueling facility. j f t ' • .,"�....-.... _.._ 1.1‘'' L "r`ff.' . e'a't ', -i �'�#L, er_. � � �� �," `; � , 4 Disney&Associates,PA,with our consultants, provided numerous services for this project including: Master Planning,Zoning change, Site Development Planning, Conditional Use Approval for a 280' height Radio Tower, Architectural and Engineering Design,Construction Observation,Coordination of Engineering Services,Submittal Review,and Project Close-out.Additionally, Disney & Associates successfully completed numerous site studies and all permitting activities. Disney & Associates fully participated in the project construction oversight, and team efforts with the Construction Manager,Wright Construction, mot ,-,v,. a rea Disney & Associates, P.A. t Packet Page -1389- 1865 Veterans Park Drive, Suite 301 . .. . . ......-_ 34109 Phone: 239.596.2872 %%, 4/12/2016 16.D.8. LiCollier County Landfill Household Hazardous Waste Facility so AIL. 1 .E k 1 4 ' 1 1 titrq#4400100104 I £ I I � Ili } 1 - -I-1 ,,r. ., , in, _ li, pli 1 1 t 3728 White Lake Blvd, Naples, Florida A Pre-Engineered Building (1,413 sf) for a Recycling Center, with covered walkway and overhangs (total 12,998 square feet). A one-story high bay covered roof area drop off bay-with a one story service build- ing containing a Meeting Room, File Room, and Toilets within an air-conditioned area, with an adjoining Equipment Storage area (non a/c). Disney & Associates, PA was responsible for the Master Planning, Architectural Design, Construction Ob- servation, Coordination of Engineering Services, Submittal Review, and Project Close-out. Project began November 2011/Completion July 2013; Project was completed on time and on budget. Disney & Associates, P.A. ,I ' 1865 Veterans Park Drive, Suite 301 / Naples / Florida 34109 Phone: 239.596.2872 = F Packet Page -1390- 4/12/2016 16.D.8. Gridley Medical Building , � 1171.1ar- t,. 'r, W.,,,,r.,:4,f,"; 34'5' S., r th#- Nqs aj r 4 Naples, Florida - completed in 2009 - ✓ �k° ems,, x r + M14"v e �. 9`ii b.` If , i .. �.a. .+ f � . } spy, �_ °i r 3 , . ( 1 x !, n r�__ 3w a k, w,. ._.'''""' . .»... ,h. .__.E .. -.'� «_ _ a�,; Disney & Associates, P.A. f,: ■�' 1865 Veterans Park Drive, Suite 301 / Naples / Florida 34109 Phone: 239.596.2872 Packet Page 1391 4/12/2016 16.D.8. r 1 , , 1_ l�. — i . '1,V- "Pill ' ' I CBIA"SAND DOLLAR"AWARD WINNER "BEST COMMERCIAL BUILDING-2006" COMMERCIAL CLEAN-UP A New Corporate Headquarters OFFICE BUILDING • Building in Naples, Florida. NAPLES, FLORIDA Completed in 2006,this ill I 6,500 square foot building is Architect home to Commercial Clean-Up Disney&Associates,PA Enterprises, Inc. Specifically Naples, Florida designed to encompass a modern feel while blending a ii; ., sense for the traditional. P ,� * , . /,i - h 1 ... `N�1 i ; r. to .� a.;. Disney & Associates, P.A. ' 1865 Veterans Park Drive,Suite 301 /Naples/Florida 34109 Phone:239.596.2872 Packet Page -1392- 4/12/2016 16.D.8. Audi Volkswagen of Naples F v". e tea > SC 014.axt r •. r 48,000 GSF Completed 2001 A state of the art automotive showroom and service facil- ity located on Airport Road. This high visibility location is the perfect setting for a modern facility specializing f' hh .S+.jty in the sales and service of fine German automobiles. > k� • Disney & Associates, P.A. ,A7!: 1 865 Veterans Park Drive, Suite 301 / Naples / Florida 34109 Phone: 239.596.2872 Packet Page -1393- 4/12/2016 16.D.8. 471 LeParc Condominium Lobby ,, T.t' ' ' — ' ,./7 .//.'i ,,- � ' s� Y afi It 1i . A. � '3 s i Gulf Shore Blvd ,� � % Na les, Florida ■ , , At Project Completed o t,' In 2008 .. —...,,„,,..._-7-. ° n ', k r�, x `Y O d'G Disney & Associates, P.A. 1865 Veterans Park Drive, Suite 301 / Naples / Florida 34109 Phone: 239.596.2872 Packet Page 4394- 4/12/2016 16.D.8. LiSt. Peter Ministry Center „e tt IA t t; j 9 t:. d it of , ET 4"''' c n i0 p�r E,s 1 I I till-Il,{,. 3 Naples, Florida Ii 11111 • Architectural, Interior Design & 1 ON m IPI Construction Administration • 22,344 Square Feet • 12 Classrooms — 1 1 • Media Center t - ---- _ I __.----- _ I • Completed in 2004 1 _ i 'a [ � ; I I Li .. - mes.....e.ri, W , . ,1 - ti j 1t ; ' I 1 t ! � i ' ,`-t ; ■11.11! Disney & Associates, P.A. ' :i.: 1865 Veterans Park Drive, Suite 301 / Naples / Florida 34109 Phone: 239.596.2872 Packet Page -1395- 4/12/2016 16.D.8. Projects - Past 5 Years (2010 to 2015) Page 1 PROJECT NAME Year Project Mgr. PROJECT NAME Year Project Mgr. Supervisor of Elections(SOE)-CDs 2010 Hank Jones Red Roof Inn 2012 ABAT Builders Gulfview Middle School-Renovations 2010 Adrian Roman Mission Hills Field Measure 2012 Jeff Rappaport Center Point Church-Acc.Structure 2010 Brian McKenzie Animal Oasis Vet Clinic 2012 Andrea Balogh Greenscapes-Add./Renovation 2010 Steve Pruchansky Naples City Hall Analysis 2012 John Dunnuck Harle-Grafer Residence 2010 Rebecca Grafer NE Recycle Center 2012 Dayne Atkinson Naples Fire Station#1 Analysis 2010 City of Naples Water Meter Evaluation-Collier County 2012 Mark Sunyak Miller Residence-Add./Renovation 2010 Bill Miller Tollgate Linstol Unit 411 Office Renov. 2012 Carol Beck Ave Maria-Design Standards 2010 David Dunnavant Adams&O'Reilly Zone Change 2012 Mike Adams Trail Head Park 2010 Dan Brundage Pepper Ranch-Toilets 2012 David Valin Immokalee Transportation Facility 2010 Adrian Roman Reynolds Residence Detached Garage 2012 John Reynolds Cochran Residence 2010 John Cochran Linstol Office Tollgate#8 2013 Ole Beck Family Restaurant Naples 2010 Allan Grimm Carica Bathroom Addition Concept 2013 Mark Sunyak Club at Barefoot Beach-Mill work 2010 Joanna Wood Collier Co-BCC Suite-Office Alterations 2013 Claude Nesbitt The Kennedy Group-TI 2010 Jerry Collier Co Courthouse-Access Flooring 2013 Claude Nesbitt Collier Co Health Dept-IT Renovation 2010 Robert Fuentes Carica Bathroom Addition 2013 Mark Sunyak Living Word-Renovation 2010 Bill Potter MPS 312 Rehab Code Update 2013 Steve Martin Collier Co Health Dept-Dental-PH 1 2010 Robert Fuentes ALTAIR-Permit 2013 Michele Jones Collier Co Health Dept-Dental-PH 2 2010 Robert Fuentes NCWRF-Locker Room Renovation 2013 Peter Schalt North Collier Recycling Dropoff Center 2010 Dayne Atkinson Estero United Methodist Church 2013 Rich Barron Club at Barefoot Beach 2010 Joanna Wood Collier County-Westview Property Evalu 2013 Dayne Atkinson McDonald's-Bonita/1-75 2010 Mike Adams Collier County-Water Meter Evaluation 2013 Mark Sunyak Davenport Residence 2010 Richard Davenport United Way of Collier County-Concept 2013 Jim Warnken Marco Recycle Renovation 2011 2010 Dayne Atkinson Jacob McCullough-Shower Addition 2013 George Mccullough C.0 Landfill HHW Building-Concept 2010 Dayne Atkinson United Way of Collier County 2013 Jim Warnken The Immokalee Foundation 2011 John Costigan Collier County-Building W Alterations 2013 Hank Jones ,.0a>= ABB-MPS 308 2011 Steve Martin Collier County-Public Utilities Bldg Asses 2013 Dayne Atkinson C.0 Reroofing C1-C2 2011 Hank Jones Woodruff Institute 2013-Estero(US Trw 2013 Jon Sone NCH Telford Building-DD 2011 Phil Dutcher Manhattan Construction-Westview Alte 2013 Peter Fromelius C.C.Scalehouse lmprov.Landscaping 2011 Dayne Atkinson Immokalee Sports Complex-Collier Cour 2013 Robert Fuentes C.0-Landfill HHW Building 2011 Dayne Atkinson Spectrum-Westview 2013 KP Pezeshkan DDJD Investments-Suite 303 2011 Dalas Disney NCRDC Storage Alteration 2014 Dayne Atkinson AUDI -Field Measure 2011 Brian Massoll NCRWTP-Water Plant-Doors 2014 Dayne Atkinson The Immokalee Foundation New Bldg. 2011 John Costigan Tanglewood-Suite 120-122 2014 Dave Dunnavant ABB-MPS 312 2011 Steve Martin D.A.S-Cat Room Reconfiguration 2014 Claude Nesbitt NE Recycling Center-Concept 2011 Dayne Atkinson Ave Maria-Shell TI 2014 Dave Dunnavant NCH Telford Building-CD 2011 Phil Dutcher Collier Co.-Mercantile West-Parts Area 2014 Dave Dunnavant Cory Mango 2011 Cory Mango Collier Co.-Mercantile West-Director's 2014 Dave Dunnavant NCH Main Lobby Renovation 2011 Phil Dutcher NNFD Station 48 2014 Eloy Ricardo Our Lady of Angels Chapel-SJNHS 2011 Bo Nepip Collier Co-Back-Up Drawing Review 2014 Matt Mclean N Collier Recycle Center-2nd Floor TI 2011 Dayne Atkinson Collier Co-Carica Station Doors Replacer 2014 Mark Sunyak Collier Resource Recovery Park 2011 Dayne Atkinson Bldg F-3rd FL ADA Toilets-Collier Co. 2014 Claude Nesbitt C.0-Landfill Landscape Design 2011 Dayne Atkinson Courthouse I.T-Permitting 2014 Scott Lain City of Naples Recycle Center 2011 Justin Frederikson White Lake Warehouse 2014 Joan English Woodruff Institute 2011 2011 Rebecca Lambert Creekside East Retail 2014 Dave Dunnavant Messiah Lutheran-Canopy 2011 Pastor Pagan Ave Maria-Community Room 2014 Dave Dunnavant Jaffe Rehab-Concept 2011 Pete Jaffe Tanglewood 2-Suite 218 2014 Dave Dunnavant Airport Recycling Concept 2012 Dayne Atkinson EUMC-Fellowship Hall 2014 Rich Barron Gasinu Naples Residence 2012 Koko Gastinu Ave-Dollar General 2014 Dave Dunnavant Collier Solid Waste-General Consult. 2012 Dayne Atkinson Ave-Town Center 4-Concept Study 2014 Dave Dunnavant Collier Co-Mercantile Slab Repair 2012 Dayne Atkinson Abraham Residence 2014 Tom Abraham McDonald's Immokalee-Addition 2012 2012 Mike Adams Ultimate Express Car Wash 2014 Chad Dubbs Hertz Rent-A-Car 2012 David Wilkinson Collier Co-SCWRF Lab 2014 Dayne Atkinson Soldan Residence-Addition 2012 Phil Soldan Collier Co-PUOC Parts Section 2014 Dayne Atkinson Packet Page -1396- 4/12/2016 16.D.8. Projects - Past 5 Years (2010 to 2015) Page 2 rROJECT NAME Year Project Mgr. Collier Co-EMS-3 Renovations 2014 Robert Fuentes Brett Reynolds Residence-Garage Additic 2014 Brett Reynolds City of Naples Utility Bldg-Re-Roof 2014 Alison Holland Public Utilities Parking Canopies 2014 Dayne Atkinson Water Plant Fence Renderings 2014 Josh Fruth Tara Woods#55-Exterior Door 2014 Alex Espinosa Collier Technical Analysis 2015 Dayne Atkinson The Retreat at Naples HOA-ARB 2015 Donna Kohler Collier Co.PUOC West-2nd Floor Reconf 2015 Dayne Atkinson N.Water Plant Exhaust Fans Replacemen 2015 Tom Sivert Enterprise Site Analysis 2015 Dayne Atkinson NERC/Waterways Photo Enhancement 2015 Josh Fruth Shirley Street Analysis 2015 Dayne Atkinson SCWRF HVAC Alterations 2015 Dayne Atkinson Miller/Clifford Residence Alterations 2015 Bill Miller Tech Analysis-Maint.Bldg Costs 2015 Dayne Atkinson Chad Dubbs-Ft Myers Research 2015 Chad Dubs NCWTP Maint Bldg-Concept 2015 Dayne Atkinson SCWRF Maint Bldg-Concept 2015 Dayne Atkinson Golden Gate EMS 70-Damage Assessmei 2015 Claude Nesbitt Creekside M.O.B 2015 Dave Dunnavant Community Foundation of Collier County 2015 Lisette Holmes City Water Plant 2015 2015 Allyson Holland tero United Methodist Church(EUMC) 2015 Rich Barron • .arco Island Tax Office Evaluation 2015 Rob Stoneburner Shaw Blvd Site Analysis-Collier Co. 2015 Dayne Atkinson City of Naples Police Bldg-Repainting 2015 Rony Joel NE Recycle Center/NERC-2015 2015 Dayne Atkinson City Community Services 280 Riverside-F 2015 Rony Joel City of Naples Police Bldg-Re-Roof 2015 Rony Joel Stout Residence Addition 2015 Mark Stout McCullough-Slab(McCullough ResidencE 2015 Alex Espinosa Collier Enterprises Rural Lands Code 2015 Valerie Pike City Utilities Maintenance Facility 2015 Allyson Holland Ave Maria Brewery 2015 Dave Dunnavant Tax Collector Liscense Office Alterations 2015 Rob Stoneburner 4099 Building Demolition Plan 2015 Dave Dunnavant 4099 Building Lobby Renovation 2015 Dave Dunnavant Creekside reatil-Unit#112 2015 Dave Dunnavant SCWRTF Inventory Warehouse 2015 Dayne Atkinson AVE Maria TC-5/103 2015 Dave Dunnavant Texas Tony's Concept 2015 Dave Dunnavant M.I Tax collector Restroom,ADA Alteratic 2015 Claude Nesbitt Packet Page -1397- 4/12/201616.D.8. 0 0 0 0 0 0 c; .s v L. v cc w (1) c .Q C v c E c t6 3 t, O p Q Q Q Q Q Q Q Q Q z u r1 c-, z z z z z z z z z 0 N m o 0 Ln o N m 0 0o d- co .r .0 Lin 000 v O m �� N ri i-4 Ln v} ci. 1./1 0 0 0 0 0 0 E m m m CO CO CO CO 0 C 0 0 0 0 a a 0 0 0 0 0 a 0 LL V- z z z z z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 in O O M O O O - 0 0 00 0 0 0 O Q1 O O O O LO n O O O' t O d O 0 m in O O 0 LD Ln N .--1 Ln LO v} Ln O Ln N .1 tn r-i in- df- v} 4. if; ...4. r-I ca v} v} v} v} v} v} vs- C _1 a a a s < OO z z zz z N Ln in to LO Ln lD N LO CO tD Ln N lD Ln LID Ln l0 .-1 .-I r-1 .-I rI r-1 r-I .-I .-I r-1 .1 r-1 r-1 r-1 .-I 1-1 .-I N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N CD W LL a, L L QJ L L 5 L v L a a (v In .. _o _a CO (0 _0 (0 m a L L. 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