Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Backup Documents 04/25/2017 Item #16C1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU a, Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the Co : ht i �. at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attor O e . .t• than Monday preceding the Board meeting. **NEW** ROUTING SLIP AP 2 ö J17 Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attuy Office. Route to Addressee(s) (List in routing order) Office ' 'als z)2_ Date eaagenun1 1. Risk Risk Management ) (3_ 2. County Attorney Office County Attorney Office /O 4. BCC Office Board of County Commissioners VA•1/$ `"'‘ 4. Minutes and Records Clerk of Court's Office Inn 06102 9 3•SO, 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Barbara Lance for Swain Hall 04/25/17 Contact Information 239-252-8998 Contact/ Department Agenda Date Item was 04/25/2017 ✓ Agenda Item Number 16.C.1/ Approved by the BCC Type of Document Contract Number of Original ..1- Attached Documents Attached PO number or account N/A 16-7039 CEI Service number if document is for NE Recycling to be recorded Dropoff Ctr/AMEC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK - 14/41 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed BL by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the BL document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's BL signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip J should be provided to the County Attorney Office at the time the item is input into SIRE. . \1 j4 Some documents are time sensitive and require forwarding to Tallahassee within a certain �V�� time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 04/25/2017 and all changes made during BL the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the n A BCC,all changes directed by the BCC have been made,and the document is ready for the 1 �lv Chairman's signature. 16c1 MEMORANDUM Date: May 3, 2017 To: Barbara Lance, Purchasing Tech Procurement Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Contract #16-7039 — Construction, Engineering and Inspection Services for the NE Recycling Drop-off Center (Project No. 59009) Contractor: AMEC Foster Wheeler, Inc. Attached, please find an original copy of the contract referenced above, (Item #16C1) approved by the Board of County Commissioners on Tuesday, April 25, 2017. The second original contract will be held in the Minutes and Records Department for the Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment I C 1 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into thisr�� day of . _ 2017, 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 Amec Foster Wheeler Environment & Infrastructure, Inc., authorized to do business in the State of Florida, whose business address is 281 Airport Road South, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT" and/or "CONTRACTOR"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering, and Inspection (CEI) Services of the CONSULTANT concerning Northeast Recycling Drop- off Center (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: (1) Contract# 16-7039 "CEI Services Northeast Recycling IXop-off Center" ARCLE CONSULTANTS RESPONSIBILITY 16 C 1 1.1. CONSULTANT shall provide to OWNER professional Construction, Engineering, and Inspection (CEI) Services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Nestor Fernandez, CPM 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 2 Contract#16-7039 "CEI Services Northeast Recycling Erop-off Center" (0-A) whatever time is required to satisfactorily manage the services to be provided and perform 4 C 1 the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all applicable laws, statutes, including but not limited to ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Services to be provided and performed by CONSULTANT hereunder, the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 3 Contract# 16-7039 0 "CEI Services Northeast Recycling Crop-off Center" n a Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 1 6 C 1 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 4 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 0 If Contractor observes that the Contract Documents are at variance therewith, it shall prorript0 C 1 notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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 5 Contract# 16-7039 "CEI Services Northeast Recycling Crop-off Center" 1601 comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9. As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real-Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right-of-way - ROW, centerlines - CL, edge-of-pavement - EOP, etc), and adhere to industry standard CAD specifications. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order or Amendment to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Change Order or Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Procurement Ordinance and Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life 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 6 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" ran- of any claim by CONSULTANT for such Additional Services and (ii) anI admisio'fi§� CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 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 7 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Cente 16c1 evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.9. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter 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 8 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" C" IoC1 have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (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. 9 Contract#16-7039 CI gi "CEI Services Northeast Recycling Drop-off Center" 160 1 ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. 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 10 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center' • 1 6 0 1 4 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. The Project Manager, or designee, reserves the right to utilize any of the following Price Methodologies: Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the Consultant; and, as a business practice there are no hourly or material invoices presented, rather, the Consultant must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. 11 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" 4 0 1 6 C1 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the Consultant 's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 5.2. The hourly rates as set forth and identified in Schedule B, which is attached hereto, shall apply only to tasks procured under the Time and Materials pricing methodology specified in paragraph 5.1 above. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for 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 12 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" OWNER. Further, CONSULTANT consents to OWNER'S use of the Project DostatICtol complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. 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. 13 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 16C1 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. 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. 14 2 Contract# 16-70 "CEI Services Northeast Recycling hop-off Center" 1 6 01 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 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 15 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" 16 C 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. 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 16 Contract# -7039 "CEI Services Northeast Recycling Drop-off Center" Z 16C1 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 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. 17 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 6C 1 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 18 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 16C1 giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or 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 19 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" 16c1 adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. 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: Collier County Florida Board of County Commissioners c/o Solid & Hazardous Waste Management Division 3339 Tamiami Trail East Suite 302 Naples, Florida 34112 Telephone: 239-252-5337 Fax: 239-252-6448 Attention: Dayne Atkinson, Project Manager Email: dayneatkinson@colliergov.net 20 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Cent 1 16Cl 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: Amec Foster Wheeler Environment & Infrastructure, Inc. 281 Airport Road South Naples, Florida 34104 Telephone: 239-643-4747 Attention: Nestor Fernanadez, Naples Office Branch Manager Email: nestor.fernandez@amecfw.com 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. 21 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 16C1 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7. Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9. The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 16-7039 including Scope of Services, Terms and Conditions Consultant's Proposal 22 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" ARTICLE EIGHTEEN 1 6 C I APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE NINETEEN SECURING AGREEMENT/PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth-In-Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. 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 23 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 not submit bids, proposals, or replies on leases of real property a public ublic 6 C entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as 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. 24 Contract# 16-7039 "CEI Services Northeast Recycling aop-off Center" 21 1 6 C I ICLE IMMIGRATIONTLAW 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. ********** 25 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Centers o 1 6 C 1 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for Construction, Engineering, and Inspection (CEI) Services the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight F. Brock, Clerk: By: ektO N' 1,6'' su 0 ( ._.. ...: • Date: -5--• ., I'd, -: :-:. By: Penny Tay , Chairma mr,,,,tle$ at,to.i.i6t :iilarts -)41 4 signatute a4 Approv4 d a0 t Fo m and Legality: ...0111 k •es-aW L strfl County Attorney S „A-12 --rL__ Name Amec Foster Wheeler Environment & Infrastructure, Inc. Ltpalee By: '7 '--------------- 4 it-4 4-7 - mti,,,,„.,47e- fiNiz-LaR 1 (0-a-r-ckovat_ I Sal.),:ott- \.1 f Name and Title Name and Title 'Thaefto ,,,,vcscs, sasies.kbaii Aottri in; , 7--r6ljoi, Name and Title Item# ( Lot Agenda 1—, -?6_n Date - Reed ---- r Deputy 26 Contract R 16-7039"- "C 'El ScSen ices Norteast Ree: el in lkop-off Cent17er' '° til, .1 C .1 amec foster April 05,2017 wheeler Ms. Barbara Lance Collier County, Procurement Division 3327 Tamiami Trail East Naples, FL 34112 Subject: Signature Authority for Collier County Contract No: 16-7039"CEI Services Northeast Recycling Drop-Off Center". You requested documentation of signature authority within Amec Foster Wheeler Environment& Infrastructure, Inc.for the subject services listed above. In response, I provide the below table of generic delegated contractual authorities for your reference.These authorities apply to Federal, State or Local Government entities.Additionally,any level of these general authorities may also further delegate signature authority to an individual for a specific action.This is usually done for convenience when the responsible manager is away or otherwise unavailable to sign a contract document. Please be advised that Mr. Michael Nardone and Mr. Michael Phelps have Office Manager authority and Mr. David Goershel has Region Manager authority to sign on behalf of Amec Foster Wheeler Environment & Infrastructure, Inc. As an officer of Amec Foster Wheeler Environment & Infrastructure, Inc., I can verify that the limits outlined in the table below are valid for your use: No Limitation of Liability in contract Limitation of Liability in contract Managerial Level Time&Materials Fixed Price Time&Materials Fixed Price Contract Amount Contract Amount Contract Amount Contract Amount Office Manager $3,000,000 $1,000,000 $5,000,000 $3,000,000 Region Manager $5,000,000 $3,000,000 $10,000,000 $5,000,000 Group Manager $10,000,000 $5,000,000 $20,000,000 $10,000,000 Project Delivery Director $15,000,000 $10,000,000 $25,000,000 $15,000,000 President >$15,000,000 >$10,000,000 >$25,000,000 >$15,000,000 Please do not hesitate to contact me at(615)333-0630 or Ivtle.troutt@amecfw.com should you have any questions. �.�`$$$$$$t`IC,tf�'''� t ` Er -jc,-Ec p ��I/�VL�SS� '� • • / !• STATE • Regards, pp-�o TE '� '4(5th 11/ d(:i49/16 ()n �� s au i-,fpo`i"• � • Lytle C.Troutt,Jr, Nof2trcy 0,4AA i - Sr.Vice President itt's ao •a � t mCvwvr�iSso,� P East US and Latin America Group Manager amec foster wheeler Amec Foster Wheeler Environment & Infrastructure, Inc. (the "'Corporation-) Certificate of Incumbency I, Greg Gerrish, being the duly appointed Assistant Corporate Secretary of Amec Foster Wheeler Environment& Infrastructure, Inc. ("AMEC"),hereby certify: That the following individuals are officers of the Corporation and have authority to execute documents on behalf of the Corporation with the Florida Department of Transportation. Name Tifie Thomas J. Logan President Kendall H.Sherrill Vice President Operations Finance&Treasurer Ann E Massey Executive Vice President Bradley J.Knight General Counsel& Secretary Charles Mouzannar Senior Vice President David E.Ott Senior Vice President Douglas A. Smith Senior Vice President J. Allen Kibler,Jr. Senior Vice President Hunter Nolen Senior Vice President 1,ytle C.Troutt Jr. Senior Vice President David K.Baxter Vice President& Assistant Corporate Secretary Robert J.Feighery Vice President& Assistant Corporate Secretary Andrew J. Reese Vice President Douglas C. Noel Vice President Jay W. Martin Vice President Marshall Lew Vice President Robert M.Jones Assistant Vice President Gregory R.Gerrish Assistant Corporate Secretary Joanne Karakashian Assistant Treasurer Richard T.McSherry Senior Architect • Herbert Semple Associate Architect That the following individuals have been duly authorized by the Corporation to execute documents on behalf'of the Corporation with the Florida Department of Transportation. Name Title Michael Nardone Regional Manager Mark Diblin Area Manager Eric Blomberg Office Manager Edward Brown Office Manager Carl Christmann Office Manager Walter Reigner Vice President/Area Manager Michael Holm Office Manager 1 6 C 1 lo,,, arnec foster wheeler James A. Horton Project Manager David Butcher Office Manager Dated this 9day of January 2015 Amec Foster Wheeler Environment&Infrastructure, Inc. (SEAL) bY .- GTto! k.Ge \ .sh ' A 44 AI •k 4t.,..: ,Ct-4 Asst.(4orat- ecretary SUBSCRIBED AND AND SWORN to before me this 9th day of January 2015 / /*;<1 , Bruce Michael Perrault 1,, k,,,,,0:,,,,,,„,,e...41.-......1..,• , Notary Public Province of Ontario, Canada .44_,,,,,,,.-7.--_,1,,,„`),,z •' ,‘r' t.,,v.t.,* -- 1,,,,,,-,, k5fk.., SCHEDULE A 16c1 SCOPE OF SERVICES SCOPE OF SERVICES TASK I — OBSERVATION AND DOCUMENTATION 1.1 Construction Observation — An Inspector will conduct on-site observations and inspections of all the NERDC construction activities (including any overnight activities) on the project to ensure that all work is completed in accordance with the Contract Documents. The Inspector will inform an on-site representative of the construction contractor of any concerns related to conformance of the NERDC work with the Contract Documents (a concern or an issue) as an attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Inspector shall inform the COUNTY Project Manager in writing about the concern or issue within eight (8) business hours, but not more than one business day, after the discovery of any concern or issue. This protocol will be initiated any time the Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the COUNTY Project Manager, including any written directive resolving the issue or concern. Subtask 1.1.1. Construction Phase Program Management • Coordinate and attend pre-construction conferences with Owner and A/E representative • Coordinate and attend bi-monthly construction progress meetings • Listing of construction phase deliverables from Contractor • Develop/Maintain Project Cost Model o Track • Construction Costs • Construction Contingency • Change Order Status • Review of contractor's schedule • Provide contractors with schedule comments • Project Management Status Reports o Generate and distribute monthly o Include updated construction schedules o Reflect actual against schedule progress o Reflect current cost and projected costs • Review/Track/Monitor status of o construction progress o shop drawing submittals o contract document clarification and interpretations (RFIs) o respond to RFIs that do not involve design interpretations o requests for changes to construction cost and or schedule • Processing of Progress Payments o Together with the NE and Owner • Verify that the work has progressed to the point indicated A-1 Contract# 16-7039 "CEI Services Northeast Recycling Crop-off Center" i • Verify that the work is in substantial accordance with the contract 1 6 0 1 documents • Verify that the contractor is entitled to the payment in the recommended amount • Verify that the NE has properly Certified the Request for Payment • Verify that all required backup documentation such as the appropriate subcontractor and contractor Releases of Lien have and the Bonding Company's Consent of Payment are included • Recommend payment 1.2 Daily Log and Construction Documentation — An Inspector will prepare a daily log recording activities and details related to the NERDC work on a form approved in advance by the COUNTY. Information will be recorded in the daily log on each day construction activities occur. The daily log entries will record all aspects of the NERDC infrastructure construction during that day including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all relevant details related to the NERDC Work. The Daily Log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fitting, name plate data for equipment and material installed, and other information requested by the COUNTY. The daily log, photograph files and other construction documentation will be provided to the COUNTY by the CEI on a weekly basis on the first day of the week following the week of daily logs. Subtask 1.2.1 Document Control System • Establish and maintain an integrated paper and electronic document control system to assure control of all engineering and construction records and information received or produced. 1.3 Photographic Record — Inspector will provide a comprehensive digital photographic record of the NERDC construction activities related to the project. The digital file names will be referenced in the daily log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be submitted weekly to the COUNTY along with the construction documentation. Video, if taken to identify issues not easily determined by photograph, will be provided in digital format. 1.4 General Coordination — CEI will coordinate any and all activities related to the multiple- beneficial use of completed segments between the construction contractor, the CEI and the COUNTY. CEI will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. A-2 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off C r" oY 1 6 0 1 1.5 Construction Progress Meetings — The CEI will attend scheduled progress meetings with the construction contractor and the COUNTY to review project status and identify issues that may affect the Project. 1.6 Observe Inspections — The CEI will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the daily logs. Subtask 1.6.1 Construction Observation Services o Conduct on-site observations of work in progress to assist in determining if the provisions of the contract documents and permitting conditions are being fulfilled o Report , in writing, whenever it is believed that work is unsatisfactory , faulty or defective o Report, in writing, whenever it is believed that a hazardous condition exists o Maintain log, of the work performed to include • When the contractor is on the job site • Weather conditions • Changed conditions • List of visitors • Drilling and testing activities • General observations • Specific observations • Observed testing procedures o Verify that tests, equipment and systems start up are conducted in the presence of appropriate personnel o Verify that the contractor maintains adequate records o Provide photographic record of construction o Observe materials and workmanship o Report, in writing, any deviation from the contract document o Coordinate the sampling and testing of materials to be performed by independent testing laboratories o Monitor that record drawing mark-ups are properly maintained 1.7Substantial and Final Completion Inspections — The CEI will conduct substantial completion inspections when requested by the construction contractor. During the substantial completion inspection the Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the CEI and the COUNTY. The CEI will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The CEI will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the CEI and the COUNTY. Upon the request of the construction contractor and concurrence of the COUNTY Project Manager, the CEI will conduct final completion inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the CEI will judge the work complete or not complete. If the work is judged complete, the CEI will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the CEI will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the A-3 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 6c1 deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the CEI can issue a "notice of final acceptance and recommendation for final payment". 1.8 Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the CEI will assist in coordinating with the Architect to obtain a signed and sealed certification by a professional engineer in responsible charge of the work provided by the Inspector stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended". Subtask 1.8.1 Project Closeout o Confirm project completion with appropriate agencies o Verify issuance of Certificate of Occupancy o Coordinate and attend Substantial Completion Walk through o Assist the NE and Owner with development of a "punch list" of items needing completion prior to Final Acceptance o Confirm that punch list items are completed o Coordinate a final review of finished items o Provide recommendation of acceptance of the project o Collect all necessary documentation to close the project/contract • Lien waivers • Contractor's Final Affidavit • Close-out change orders • Surety's Final Consent • Process Final Payment • Provide contractor evaluation • Assist the County with coordination of warranty work (not to exceed the completion date of the agreement) • Transmit all Project/Program related files to the County TASK II — CEI PROJECT MANAGEMENT SERVICES 1.9. General Project Management — The CEI will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: 1.9.1 Participate in other meetings as described or implied herein. 1.9.2 Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The CEI's recommendation of any payment requested in an application for payment shall constitute a representation by the CEI to the COUNTY as an experienced and qualified professional, that based on CEI's onsite observations and inspections of construction in progress; that the construction quantities in the applications for payment accurately reflects the progress of the work and that the payment is for work constructed in accordance with the Contract Documents. A-4 Contract f 16-7039 "CEI Services Northeast Recycling Drop-off Center" I C I 1.9.3 The CEI will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the ENGINEER. 1.9.4 Within one month after the construction contractor completes all punch list items to the satisfaction of the Inspector and the COUNTY and the NERDC work is substantially complete in accordance with the Contract Documents, the CEI will assist in coordinating with the Architect to provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. 1.10 Monitor Project Records — The CEI shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 1.11 Certifications — The CEI shall prepare and submit certification packages to FDEP prior to close-out of the project. 1.12 As-Constructed Field Drawings — Inspector shall maintain red pencil "mark-up" notations and sketches on construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the CEI to validate the "As-Built" documentation provided by the construction contractor. The CEI will notify the ENGINEER and the construction contractor of any differences in the documents maintained by the general contractor and the CEI on a weekly basis for resolution by the ENGINEER. A-5 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 6 01 SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK DESCRIPTION NOT TO EXCEED AMOUNT: 1. Observation and Documentation $268,280 2. Project Management Services $28,680 3. Reimbursable $1,000 TOTAL FEE $297,960 B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4. For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B-1 Contract# 16-7039 CC Services Northeast Recycling Drop-off Center" 1 6 01 B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.2.6. Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS: B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. B.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 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 the Project name and shall not be submitted more than one time monthly. B.3.3. Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B-2 Contract# -7039 co"CEI Services Northeast Recycling Drop-p- Coff Center" 16c1 B.3.4. Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5. Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. B.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.5.1.6 Other items on request and approved in writing by the OWNER. B-3 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 6c1 Attachment 1 SCHEDULE B CONSULTANT'S AND SUBCONSULTANT(S) HOURLY RATE SCHEDULE Title Hourly Rate Project Manager $147.00 Inspector $96.00 Scheduling $123.00 Clerical $62.00 The above hourly rates are applicable to Time and Materials projects only. The above list may not be all inclusive. Additional hourly rates for other personnel may be added upon mutual agreement in advance and in writing by the Project Manager and the Consultant, without further Board approval. B-4 Contract#16-7039 CIO "CEI Services Northeast Recycling Ixop-off Center" SCHEDULE C 1 C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days Tasks For Completion Descriptionfrom Date of Notice to Proceed for Services under this Agreement 1. Observation and Documentation Construction duration is estimated at 10 months to Substantial Completion 2. Project Management Services Additional 1.5 months for Final Acceptance D-1 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 0 1 6 C1 SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self-insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self-insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein D-1 Contract# 16-7039 0 "CEI Services Northeast Recycling Crop-off Center" 1 601 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. (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. D-2 Contract#16-7039 "CEI Services Northeast Recycling Drop-off Center" 49 14C1(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to e 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 (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 X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. D-3 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 16C1 Applicable X (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable 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 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 D-4 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 0 bc ' 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 Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (5) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable 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 D-5 Contract# 16-7039 "CEI Services Northeast Recycling Dop-off Center" 16C1 (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? X Yes No (1) Professional Liability Insurance shall be maintained by the CONSULTANT to insure its legal liability for claims arising out of the performance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: 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 D-6 Contract# 16-7039 "CEI Services Northeast Recycling aop-off Center" 1 6 01 term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next 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 D-7 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" 1 6 0 1 the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" O 1 6 0 1 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Amec Foster Wheeler Environment & Infrastructure, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning CEI Services North East Recycling Drop-off Center are accurate, complete and current as of the time of contracting Amec Foster Wheeler Environment& Infrastructure, Inc. BY: TITLE: SeN•'v2 v Q DATE: ! C.tntrtct tt I 6-7039 CI I Sen ices Northeast Ret:)chng Crop-oft Center' 16c1 SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Paul Abbott Amec FW Senior Inspector 100% Nestor Fernandez Amec FW Project Manager 50% Frederick Sexton AECOM Senior Inspector (Backup Insp.) 10% F-1 Contract# 16-7039 "CEI Services Northeast Recycling Drop-off Center" Co ler County it 1 6 C1 Administrative Services Department Date: March 13, 2017 Notice of Recommended Award Solicitation:16-7039 Title:CEI Services North East Recycling Drop-off Center Due Date and Time: December 22,2016 at 3:00PM Respondents: Company Name City , County State Bid Amount Responsive/Responsible AMEC Foster Wheeler Naples Collier FL - Yeo/Yes Hole Montes Naples Collier Fi - Yes/Yes --- Uti|ized Local Vendor Preference: Yes No PR __ Recommended Vendor(s) For Award: Award to AMEC Foster Wheeler Required Signatures | "L� r�ec Manager: �coU���oun — Olvtally signed by swansonhal4rolhergov net Procurement Strategist: svvainsonha||@co||iergovnet P nt Services Director: �~=�� �+ @ ���w^�� �r~ `--�_~~~, ^�~ Edward F. Coyman Jr. ! 1 6 01 REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Co F�7er County Administrative Services Department Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 16-7039 CEI Services Northeast Recycling Drop- off Center Swainson Hall, Procurement strategist (239) 252-8935(Telephone) (239) 252-6334(Fax) swainsonhall("a collierpov.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. ..... ,.ra _.o::�,,H 1.,7� __,,o.., _ _ ,owe Proorre alert Sernx ti Warx)•3327 Tarrsamei Trail f.,aai•Napiori,Firx is 34112-3071•23;5-2528107•wxa-xzl3ierGov net.`prturirerrienti;riarxs CCNA(Revision 06132016) lb Cl Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 11 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 15 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 19 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 29 ATTACHMENT 2: CONSULTANT CHECK LIST 30 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 31 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 32 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 34 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 35 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 36 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 38 RFP CCNA Template_06132016 RFP_CCNATemplate 2 loci Cofer County Administrative Services Department Procurement Services D4vision Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction, Engineering, and Inspection Services for the Northeast Recycling Drop-off Center will be received until 3:00PM, Naples local time, on December 2, 2016 at the Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 16-7039 CEI Services North East Recycling Drop-off Center Services to be provided may include, but not be limited to the following: Construction, Engineering, and Inspection Services. ® 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 Procurement Services Division Online Bidding System website: www.colliercrov.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/ Edward F. Coyman Jr. Director, Procurement Services Division This Public Notice was posted on the Collier County Procurement Services Division website: www.colliergov.net/purchasing and in the Lobby of Procurement Services Division Building "G", Collier County Government Center on November 2, 2016 RFP CCNA Template_06132016 RFP_CCNATemplate 3 local Exhibit I: Scope of Work, Specifications and Response Format As requested by the Solid and Hazardous Waste Management Division (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. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. Brief Description of Purchase The program management and construction engineering inspection (CEI) services to be provided will include, but not limited to, construction observation, daily log and construction documentation, photographic record, general coordination, construction progress meetings, observe inspections, substantial and final completion inspections, final construction certification, general project management, monitor project records, certifications, and manage as- constructed field drawings. Estimated Construction cost: $7.3 million. Background The purpose is to provide a program manager and a CEI inspector and an alternate for the construction of the Collier County Northeast Recycling Drop-Off Center (NERDC) project located off of 39th Avenue N.E. and Immokalee Road behind the Collier County Fairgrounds to the east. The inspections will include, but not be limited to, observation of site work, underground utility infrastructure, roadway, stormwater and vertical construction. The proposing firm's designated program manager and inspector (and their alternate) shall have experience providing CEI services within Collier County using the Collier County Utilities Standards Manual and Collier County vertical standards. The selected personnel must be familiar with all local, state and federal permitting procedures. Detailed Scope of Work TASK I —OBSERVATION AND DOCUMENTATION 1.1 Construction Observation — An Inspector will conduct on-site observations and inspections of all the NERDC construction activities (including any overnight activities) on the project to ensure that all work is completed in accordance with the Contract Documents. The Inspector will inform an on-site representative of the construction contractor of any concerns related to conformance of the NERDC work with the Contract Documents (a concern or an issue) as an RFP CCNA Template_06132016 RFP_CCNATemplate 4 loci attempt to resolve any concern or issue on-site. If the concern or issue is not immediately resolved in the field, the Inspector shall inform the COUNTY Project Manager in writing about the concern or issue within eight (8) business hours, but not more than one business day, after the discovery of any concern or issue. This protocol will be initiated any time the Inspector becomes aware of any construction that is unsatisfactory, faulty or defective, does not conform to the Contract Documents, does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. The Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the COUNTY Project Manager, including any written directive resolving the issue or concern. 1.2 Daily Log and Construction Documentation —An Inspector will prepare a daily log recording activities and details related to the NERDC work on a form approved in advance by the COUNTY. Information will be recorded in the daily log on each day construction activities occur. The daily log entries will record all aspects of the NERDC infrastructure construction during that day including, but not limited to: construction crew (labor) details, equipment used, materials used, compliance testing and inspection performed, site conditions, trench conditions, backfill material used, dewatering methods, compaction methods, location of the work, and all relevant details related to the NERDC Work. The Daily Log will reference the digital photographs and or video taken with appropriate file names and file locations. In addition to the construction details, the daily log will contain information related to: time and hours on the job site, weather conditions, data pertaining to questions of quantities of materials used, extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, observations in general and specific observations in more detail as in observing test procedures, conformance inspection of materials and fitting, name plate data for equipment and material installed, and other information requested by the COUNTY. The daily log, photograph files and other construction documentation will be provided to the COUNTY by the CEI on a weekly basis on the first day of the week following the week of daily logs. 1.3 Photographic Record — Inspector will provide a comprehensive digital photographic record of the NERDC construction activities related to the project. The digital file names will be referenced in the daily log along with a brief description of the photograph, the date and time of the photograph and the name of the photographer. The digital files will be submitted weekly to the COUNTY along with the construction documentation. Video, if taken to identify issues not easily determined by photograph, will be provided in digital format. 1.4 General Coordination — CEI will coordinate any and all activities related to the multiple- beneficial use of completed segments between the construction contractor, the CEI and the COUNTY. CEI will oversee substantial and final completion inspections, and prepare and maintain the punch list, including follow-up inspections to ensure that punch list items are corrected and/or completed. 1.5 Construction Progress Meetings—The CEI will attend scheduled progress meetings with the construction contractor and the COUNTY to review project status and identify issues that may affect the Project. 1.6 Observe Inspections — The CEI will accompany visiting inspectors representing any regulatory agencies having jurisdiction over the Project and will record all discussions and the outcome of these regulatory inspections in the daily logs. RFP CCNA Template_06132016 RFP_CCNATemplate 5 1 6 W 1.7 Substantial and Final Completion Inspections— The CEI will conduct substantial completion inspections when requested by the construction contractor. During the substantial completion inspection the Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the CEI and the COUNTY. The CEI will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The CEI will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the CEI and the COUNTY. Upon the request of the construction contractor and concurrence of the COUNTY Project Manager, the CEI will conduct final completion inspections of portions of the project, as they are finished to determine if construction has been completed in accordance with the Contract Documents and the construction contractor has fulfilled all obligations therein. Based on the results of the final inspection, the CEI will judge the work complete or not complete. If the work is judged complete, the CEI will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the CEI will issue written instructions to the construction contractor identifying the work judged not complete. Upon provision of the construction contractor evidence or assurance that the deficiencies noted above have been corrected or completed, a second final inspection will be scheduled to verify that the outstanding issues have been resolved and the CEI can issue a "notice of final acceptance and recommendation for final payment". 1.8 Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the CEI will provide a signed and sealed certification by a professional engineer in responsible charge of the work provided by the Inspector stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended". TASK II — CEI PROJECT MANAGEMENT SERVICES 1.9. General Project Management—The CEI will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: 1.9.1 Participate in other meetings as described or implied herein. 1.9.2 Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The CEI's recommendation of any payment requested in an application for payment shall constitute a representation by the CEI to the COUNTY as an experienced and qualified professional, that based on CEI's onsite observations and inspections of construction in progress; that the construction quantities in the applications for payment accurately reflects the progress of the work and that the payment is for work constructed in accordance with the Contract Documents. 1.9.3 The CEI will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full accordance with the Contract Documents and approved Shop Drawings provided by the ENGINEER. 1.9.4 Within one month after the construction contractor completes all punch list items to the satisfaction of the Inspector and the COUNTY and the NERDC work is substantially complete in accordance with the Contract Documents, the CEI will provide a signed and sealed certification by a professional engineer registered in the State of Florida, that the Work was done under his supervision and performed in accordance with the Contract Documents, including all approved shop drawings and change orders except as noted. RFP CCNA Template_06132016 RFP_CCNATemplate 6 bc ' 1.10 Monitor Project Records—The CEI shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 1.11 Certifications — The CEI shall prepare and submit certification packages to FDEP prior to close-out of the project. 1.12 As-Constructed Field Drawings — Inspector shall maintain red pencil "mark-up" notations and sketches on construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the CEI to validate the "As-Built" documentation provided by the construction contractor. The CEI will notify the ENGINEER and the construction contractor of any differences in the documents maintained by the general contractor and the CEI on a weekly basis for resolution by the ENGINEER. Term of Contract The contract term, if an award(s) is/are made is intended to be for the duration of the construction and post construction of the North East Recycling Drop-off Center. 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 November 2, 2016 Last Date for Receipt of Written Questions November 28, 2016, 5:00PM, Naples Local Time Addendum Issued Resulting from Written Questions November 29, 2016 Solicitation Deadline Date and Time December 2, 2016, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals December 2016 Anticipated Completion of Contract Negotiations December 2016 Anticipated Board of County Commissioner's Contract January— February Approval Date 2016 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. RFP CCNA Template_06132016 RFP_CCNATemplate 7 1601 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. 1. Tab I, Cover Letter / Management Summary (Maximum Pages 2) — Maximum 10 Points 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. 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 may 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. 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. 2. Tab II, Business Plan (Maximum Pages 5) - Maximum Points 25 In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. • Detailed plan for scheduling. RFP CCNA Template_06132016 RFP_CCNATemplate 8 1 6C1 3. Tab III, Experience and Capacity of Firm (Maximum Pages 5) - Maximum Points 25 In this tab, include: • 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. • Provide details of risks that may be associated with the project and how the firm may overcome those risks. • Provide details of unique benefits that the firm offers on this 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 4. Tab IV, Specialized Expertise of Team Members (Maximum Pages 10) 4 resumes maximum. Must be familiar with Collier County Utility and Vertical Standards. - Maximum Points 30 In this tab, include Description of the proposed and alternate contract team and the role to be played by each member of the proposed team. • Describe the various team members' successful experience in working with one another on previous projects. • Attach resumes of all proposed and alternate project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. 5. Tab V, References—5 Completed and Returned Maximum Points 10 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. RFP CCNA Template_06132016 RFP_CCNATemplate 9 1 6 C1 • 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. ConsultantTotal Consultant Name Reference Score Points Awarded Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant CHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 Note:Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and/or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, 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. 7. Tab VII, 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 RFP CCNA Template_06132016 RFP_CCNATemplate 10 1601 Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Procurement Services Division 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 Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. 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. 3. 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 Procurement Services Division. 4. 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. 5. Delivery of Proposals All proposals are to be delivered before 3:00 PM, Naples local time, on or before December 2, 2016 to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Procurement Services Division 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: RFP CCNA Template_06132016 RFP_CCNATemplate 11 16C1 • 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 deivery 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 five (5) storage devices (Thumb Drive/DVD/CD's) with one copy of the proposal on each CD in Word, Excel or PDF. List the Solicitation Number and Title on the outside of the box or envelope. 6. 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. 7. 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 Procurement Ordinance. 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. 8. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. 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 RFP CCNA Template_06132016 RFP_CCNATemplate 12 1601 Procurement Services Division Building and on the County's Procurement Services Internet site. 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. RFP CCNA Template_06132016 RFP_CCNATemplate 13 1 6 1 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. 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. 9. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 10. 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. Tab I, Cover Letter/ Management Summary 10 Points Tab II, Business Plan 25 Points Tab III, Experience and Capacity of the Firm 25 Points Tab IV, Specialized Expertise of Team Members 30 Points Tab V, References 10 Points TOTAL 100 Points 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. 11.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 CCNA Template_06132016 RFP_CCNATemplate 14 16c1 Exhibit Ill: Collier County Purchase Order Terms and Conditions 1. Offer and to comply with all carrier This offer is subject to cancellation by the regulations. Risk of loss of any goods COUNTY without notice if not accepted by sold hereunder shall transfer to the VENDOR within fourteen (14) days of COUNTY at the time and place of issuance. delivery; provided that risk of loss prior to actual receipt of the goods by the 2. Acceptance and Confirmation COUNTY nonetheless remain with This Purchase Order (including all VENDOR. documents attached to or referenced b) No charges will be paid by the COUNTY therein) constitutes the entire agreement for packing, crating or cartage unless between the parties, unless otherwise otherwise specifically stated in this specifically noted by the COUNTY on the Purchase Order. Unless otherwise face of this Purchase Order. Each delivery provided in Purchase Order, no invoices of goods and/or services received by the shall be issued nor payments made COUNTY from VENDOR shall be deemed to prior to delivery. Unless freight and be upon the terms and conditions contained other charges are itemized, any in this Purchase Order. discount will be taken on the full amount of invoice. No additional terms may be added and c) All shipments of goods scheduled on the Purchase Order may not be changed except same day via the same route must be by written instrument executed by the consolidated. Each shipping container COUNTY. VENDOR is deemed to be on must be consecutively numbered and notice that the COUNTY objects to any marked to show this Purchase Order additional or different terms and conditions number. The container and Purchase contained in any acknowledgment, invoice Order numbers must be indicated on bill or other communication from VENDOR, of lading. Packing slips must show notwithstanding the COUNTY'S acceptance Purchase Order number and must be or payment for any delivery of goods and/or included on each package of less than services, or any similar act by VENDOR. container load (LCL) shipments and/or with each car load of equipment. The 3. Inspection COUNTY reserves the right to refuse or All goods and/or services delivered return any shipment or equipment at hereunder shall be received subject to the VENDOR'S expense that is not marked COUNTY'S inspection and approval and with Purchase Order numbers. payment therefore shall not constitute VENDOR agrees to declare to the acceptance. All payments are subject to carrier the value of any shipment made adjustment for shortage or rejection. All under this Purchase Order and the full defective or nonconforming goods will be invoice value of such shipment. returned pursuant to VENDOR'S instruction d) All invoices must contain the Purchase at VENDOR'S expense. Order number and any other specific information as identified on the To the extent that a purchase order requires Purchase Order. Discounts of prompt a series of performances by VENDOR, the payment will be computed from the date COUNTY prospectively reserves the right to of receipt of goods or from date of cancel the entire remainder of the Purchase receipt of invoices, whichever is later. Order if goods and/or services provided Payment will be made upon receipt of a early in the term of the Purchase Order are proper invoice and in compliance with non-conforming or otherwise rejected by the Chapter 218, Fla. Stats., otherwise COUNTY. known as the "Local Government 4. Shipping and Invoices Prompt Payment Act," and, pursuant to a) All goods are FOB destination and must the Board of County Commissioners be suitably packed and prepared to Purchasing Policy. secure the lowest transportation rates RFP CCNA Template_06132016 RFP_CCNATemplate 15 loci 5. Time Is Of the Essence and transportation shall conform to all Time for delivery of goods or performance of applicable laws, including but not limited to services under this Purchase Order is of the the Occupational Health and Safety Act, the essence. Failure of VENDOR to meet Federal Transportation Act and the Fair delivery schedules or deliver within a Labor Standards Act, as well as any law or reasonable time, as interpreted by the regulation noted on the face of the Purchase COUNTY in its sole judgment, shall entitle Order. the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to 9. Advertising reimburse the COUNTY for any expenses No VENDOR providing goods and services incurred in enforcing its rights. VENDOR to the COUNTY shall advertise the fact that further agrees that undiscovered delivery of it has contracted with the COUNTY for nonconforming goods and/or services is not goods and/or services, or appropriate or a waiver of the COUNTY'S right to insist make use of the COUNTY'S name or other upon further compliance with all identifying marks or property without the specifications. prior written consent of the COUNTY'S Purchasing Department. 6. Changes The COUNTY may at any time and by 10. Indemnification written notice make changes to drawings VENDOR shall indemnify and hold harmless and specifications, shipping instructions, the COUNTY from any and all claims, quantities and delivery schedules within the including claims of negligence, costs and general scope of this Purchase Order. expenses, including but not limited to Should any such change increase or attorneys' fees, arising from, caused by or decrease the cost of, or the time required for related to the injury or death of any person performance of the Purchase Order, an (including but not limited to employees and equitable adjustment in the price and/or agents of VENDOR in the performance of delivery schedule will be negotiated by the their duties or otherwise), or damage to COUNTY and VENDOR. Notwithstanding property (including property of the COUNTY the foregoing, VENDOR has an affirmative or other persons), which arise out of or are obligation to give notice if the changes will incident to the goods and/or services to be decrease costs. Any claims for adjustment provided hereunder. by VENDOR must be made within thirty (30) days from the date the change is ordered or 11. Warranty of Non-Infringement within such additional period of time as may VENDOR represents and warrants that all be agreed upon by the parties. goods sold or services performed under this Purchase Order are: a) in compliance with 7. Warranties applicable laws; b) do not infringe any VENDOR expressly warrants that the goods patent, trademark, copyright or trade secret; and/or services covered by this Purchase and c)do not constitute unfair competition. Order will conform to the specifications, drawings, samples or other descriptions VENDOR shall indemnify and hold harmless furnished or specified by the COUNTY, and the COUNTY from and against any and all will be of satisfactory material and quality claims, including claims of negligence, costs production, free from defects and sufficient and expense, including but not limited to for the purpose intended. Goods shall be attorneys' fees, which arise from any claim, delivered free from any security interest or suit or proceeding alleging that the other lien, encumbrance or claim of any third COUNTY'S use of the goods and/or party. These warranties shall survive services provided under this Purchase Order inspection, acceptance, passage of title and are inconsistent with VENDOR'S payment by the COUNTY. representations and warranties in section 11 (a). 8. Statutory Conformity Goods and services provided pursuant to If any claim which arises from VENDOR'S this Purchase Order, and their production breach of section 11 (a) has occurred, or is RFP CCNA Template_06132016 RFP_CCNATemplate 16 1601 likely to occur, VENDOR may, at the and acts of nature. When VENDOR has COUNTY'S option, procure for the COUNTY knowledge of any actual or potential force the right to continue using the goods or majeure or other conditions which will delay services, or replace or modify the goods or or threatens to delay timely performance of services so that they become non-infringing, this Purchase Order, VENDOR shall (without any material degradation in immediately give notice thereof, including all performance, quality, functionality or relevant information with respects to what additional cost to the COUNTY). steps VENDOR is taking to complete delivery of the goods and/or services to the 12. Insurance Requirements COUNTY. The VENDOR, at its sole expense, shall provide commercial insurance of such type 15. Assignment and with such terms and limits as may be VENDOR may not assign this Purchase reasonably associated with the Purchase Order, nor any money due or to become due Order. Providing and maintaining adequate without the prior written consent of the insurance coverage is a material obligation COUNTY. Any assignment made without of the VENDOR. All insurance policies shall such consent shall be deemed void. be executed through insurers authorized or eligible to write policies in the State of 16. Taxes Florida. Goods and services procured subject to this Purchase Order are exempt from Florida 13. Compliance with Laws sales and use tax on real property, transient In fulfilling the terms of this Purchase Order, rental property rented, tangible personal VENDOR agrees that it will comply with all purchased or rented, or services purchased federal, state, and local laws, rules, codes, (Florida Statutes, Chapter 212), and from and ordinances that are applicable to the federal excise tax. conduct of its business. By way of non- exhaustive example, this shall include the 17. Annual Appropriations American with Disabilities Act and all The COUNTY'S performance and obligation prohibitions against discrimination on the to pay under this Purchase Order shall be basis of race, religion, sex creed, national contingent upon an annual appropriation of origin, handicap, marital status, or veterans' funds. status. Further, VENDOR acknowledges and without exception or stipulation shall be 18. Termination fully responsible for complying with the This Purchase Order may be terminated at provisions of the Immigration Reform and any time by the COUNTY upon 30 days Control Act of 1986 as located at 8 U.S.C. prior written notice to the VENDOR. This 1324, et seq. and regulations relating Purchase Order may be terminated thereto, as either may be amended. Failure immediately by the COUNTY for breach by by the awarded firm(s) to comply with the VENDOR of the terms and conditions of this laws referenced herein shall constitute a Purchase Order, provided that COUNTY has breach of the award agreement and the provided VENDOR with notice of such County shall have the discretion to breach and VENDOR has failed to cure unilaterally terminate said agreement within 10 days of receipt of such notice. immediately. Any breach of this provision may be regarded by the COUNTY as a 19. General material and substantial breach of the a) This Purchase Order shall be governed contract arising from this Purchase Order. by the laws of the State of Florida. The venue for any action brought to 14. Force Majeure specifically enforce any of the terms and Neither the COUNTY nor VENDOR shall be conditions of this Purchase Order shall responsible for any delay or failure in be the Twentieth Judicial Circuit in and performance resulting from any cause for Collier County, Florida beyond their control, including, but without b) Failure of the COUNTY to act limitation to war, strikes, civil disturbances immediately in response to a breach of RFP CCNA Template_06132016 RFP_CCNATemplate 17 loci this Purchase Order by VENDOR shall accordance with Florida Statute Chapter not constitute a waiver of breach. 112.061, Per Diem and Travel Waiver of the COUNTY by any default Expenses for Public Officers, employees by VENDOR hereunder shall not be and authorized persons. deemed a waiver of any subsequent e) In the event of any conflict between or default by VENDOR. among the terms of any Contract c) All notices under this Purchase Order Documents related to this Purchase shall be sent to the respective Order, the terms of the Contract addresses on the face page by certified Documents shall take precedence over mail, return receipt requested, by the terms of the Purchase Order. To the overnight courier service, or by personal extent any terms and /or conditions of delivery and will be deemed effective this Purchase Order duplicate or overlap upon receipt. Postage, delivery and the Terms and Conditions of the other charges shall be paid by the Contract Documents, the provisions of sender. A party may change its address the Terms and/or Conditions that are for notice by written notice complying most favorable to the County and/or with the requirements of this section. provide the greatest protection to the d) The Vendor agrees to reimbursement of County shall govern. any travel expenses that may be associated with this Purchase Order in RFP CCNA Template_06132016 RFP_CCNATemplate 18 bc ' 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 RFP CCNA Template_06132016 RF P_CCNATem plate 19 of any policy to be provided by Consultant hereunder, Consultant shall immediately steps ste s to 16 C 1 have the aggregate limit reinstated to the full extent permitted under such policy. 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 Procurement Ordinance. 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 resultant contract(s) may include purchase or work orders issued under one, or any combination of price methodologies by the County's project manager: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material RFP CCNA Template_06132016 RFP_CCNATemplate 20 invoices presented, rather, the contractor must perform to the satisfaction of the County's 1 C 1 project manager before payment for the fixed price contract is authorized. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project(cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 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 Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 7. Public Records Compliance Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Pubic Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the RFP CCNA Template_06132016 RFP_CCNATemplate 21 1601 duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8. Work Orders on Fixed Term Contracts The County reserves the right to order such services from selected firms as may be required during said period, but does not guarantee any minimum or maximum services to be ordered during the period specified from any given firm. Work Order service assignments shall be at the sole discretion of the County. The contracts are classified as fixed-term Countywide Agreements for various and miscellaneous Construction, Engineering, and Inspection services which will be utilized on an as-needed basis. Assignments shall be implemented with Work Orders subject to a maximum of $200,000 per Work Order. Work Order assignments in excess of $200,000 shall be approved by the Board of County Commissioners. Should any project that is active on a work order extend past the contract termination date, that work order will be active and extended as necessary until completion of such project. 9. 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: bccapclerkAcollierclerk.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. RFP CCNA Template_06132016 RFP_CCNATemplate 22 1601 • 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. 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. 10. 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. RFP CCNA Template_06132016 RFP_CCNATemplate 23 16c1 c1 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 11. 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. 12. Survivability Work Orders: The Consultant/ContractorNendor agrees that any Work Order that extends beyond the expiration date of Solicitation 16-7039 CEI Services North East Recycling Drop-off Center will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 13. 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 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. 14. 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. RFP CCNA Template_06132016 RF P_CCNATem plate 24 6 c 15. Termination I Should the Consultant be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board's Procurement Ordinance. 16. Lobbying All firms are hereby placed on NOTICE that the Board of County Commissioners does not wish to be lobbied, either individually or collectively about a project for which a firm has submitted a 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. 17. 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.org/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 18. 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. In addition, consultants that have participated and/or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 19. Protest Procedures RFP CCNA Template_06132016 RFP_CCNATemplate 25 bc ' Any prospective vendor / proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current Procurement Ordinance and policies. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Procurement Services Division 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. 20. 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. 21. Security and Background Checks The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e- mail (DL-FMOPS a©colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four(4) hours of separation may result in a deduction of$500 per incident. RFP CCNA Template_06132016 RFP_CCNATemplate 26 16c1 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs.. 22. 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. 23. 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. 24. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (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 / Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Consultant does not comply with providing the acceptable E-Verify evidence and the executed affidavit the bidder's / Consultant's proposal may be deemed non-responsive. 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. RFP CCNA Template_06132016 RFP_CCNATemplate 27 1601 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 CCNA Template_06132016 RFP_CCNATemplate 28 16c1 Colter County Administrative Services Department Procurement Ser Aces O vis r n Attachment 1: Consultant's Non-Response Statement The sole intent of the Collier County Procurement Services Division is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Procurement Services Division, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 16-7039 CEI Services North East Recycling Drop-off Center 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 CCNA Template_06132016 RFP_CCNATemplate 29 16c1 Colter County Administrative Services Department Procurement Services D vibkarr 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. E All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ Any addenda have been signed and induded. ❑ The mailing envelope has been addressed to: Collier County Government Procurement Services Division 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist CCNA Solicitation: 16-7039 CEI Services North East Recycling Drop-off Center ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. 7 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.) n 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 CCNA Template_06132016 RFP_CCNATemplate 30 16C1 Copier County Administrative Services Department Procurement Sennces D vision Attachment 3: Conflict of Interest Affidavit The Consultant certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with: 16-7039 CEI Services Northeast Recycling Drop-off Center does not pose an organizational conflict as described by one of the three categories below: Biased ground rules—The firm has not set the"ground rules"for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm. Impaired objectivity—The firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals/ past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to information—The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor(or an affiliate)with an unfair competitive advantage in current or future solicitations and contracts. In addition to this signed affidavit, the contractor/consultant must provide the following: 1. All documents produced as a result of the work completed in the past or currently being worked on for the above mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine") or through non-public(not in the "sunshine") conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identified, may result in the disqualification for future solicitations affiliated with the above referenced project(s). By the signature below,the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. Firm: Signature and Date: Print Name: Title of Signatory: State of County of SUBSCRIBED AND SWORN to before me this day of , 20 by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public Commission Expiration RFP CCNA Template_06132016 RFP_CCNATemplate 31 1601 COttler Cou.H.ty Administrative Services Department Procurement Services Divis'on Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 16-7039 CEI Services North East Recycling Drop-off Center Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. Further, the consultant agrees that if awarded a contract for these services, the consultant will not be eligible to compete, submit a proposal, be awarded, or perform as a sub-consultant for any future CEI associated with work that is a result of this awarded contract. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 200_ 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 CCNA Template_06132016 RFP_CCNATemplate 32 Additional Contact Information 1 6 C 1 Send payments to: (required if different from above) Company name used as payee 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 CCNA Template_06132016 RFP_CCNATemplate 33 .1601 Collier County Administratve Services Department Procurement Sernces Division Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 16-7039 CEI Services North East Recycling Drop-off Center 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 Print Name Title Signature Date State of County of The foregoing instrument was signed and acknowledged before me this day of 20_, by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA Template_06132016 RFP_CCNATemplate 34 1601 Cotr County Administrative Services Department Procurement Sero es()memo 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 CCNA Template_06132016 RFP_CCNATemplate 35 1601 ca ;ter County Administrative/Services Department Procurement Services Divsion 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 $1,000,000 single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ® Indemnification To the maximum extent permitted by Florida law, the Contractor/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 ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/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. Z 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 RFP CCNA Template_06132016 RFP_CCNATemplate 36 1 6 0 1 ❑ Valuable Papers Insurance $ Per Occurrence ❑ Employee Dishonesty/Crime $ Per Occurrence Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss Payee endorsement naming Collier County. 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal.All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ 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 (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. RLC 9/30/2016 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 CCNA Template_06132016 REP_CCNATemplate 37 16c1 Col Ter County Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: 16-7039 CEI Services North East Recycling Drop-off Center Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." (Please note, references from Collier County staff will not be accepted.) Project Description: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future(customer satisfaction). TOTAL SCORE OF ALL ITEMS Please FAX this completed survey to: By RFP CCNA Template_06132016 RFP_CCNATemplate 38 1 6C1 L 46 c E c C C -c c2 _ C N (6 'L-' iiiL dY 75 2 C z R O v E re e- N C d CC 0_ 2 N U ii -5 O O L N C e- N U) a., = ca u) a) O O U -c _ V) a) t E '6 c t fn 4) -c) E 0, E L O O > O C 4) V Y• U) C N e- C C !_ O al E EE t E 7sO' o d c OU v=- Ce CO O U) LE co a C, e- N 4O U CO a) = d 1.1 ,-i N 0 -0 .3 +-, a) U) t0 O N 0 c6 dc) co Co >, U Z @ a 73 CoL N C E ca a) a)- O O E E L C _ Co U) E U CD c N E E O O 2 0 c N a_ C. 0 O N = e— N 2 O ^ •= d 0 C 0 d � ,_ T C t(/) C c Q) C § Q C E ° cr) V c L C m UE .N O C U) N 4- it N O) O W C C . a • Qc _c _ U o c U) E i Z u) L N a) U) O a) c C 1) , ch L a E o E c) m c O N u a) z ani 1 . ca M D V) F- C C t>3 r U e- Cn N U U c 2 JQ c O E u r d o. 0 d C E 0 0 2 `� ce F- cn 0_ (1) 0 < I E- I a_ 16C1 ........--, ® DATE(MM/DD/YYYY) AC Rte' CERTIFICATE OF LIABILITY INSURANCE 04/05/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 1-908-566-1010 CONTACT NAME: Construction Risk Partners, LLC PHONE FAX (A/C.No,Ext) (A/C,No): E-MAIL Campus View Plaza ADDRESS: 1250 Route 28, Suite 201 INSURER(S)AFFORDING COVERAGE NAIC# Branchburg, NJ 08876 INSURERA: ACE AMER INS CO 22667 INSURED INSURER B: ZURICH AMER INS CO 16535 Amec Foster Wheeler Environment & Infrastructure, Inc. INSURER C: ACE PROP & CAS INS CO 20699 281 Airport Road South INSURERD: AMERICAN ZURICH INS CO 40142 INSURERE: AIG SPECIALTY INS CO 26883 Naples, FL 34104 INSURERF: COVERAGES CERTIFICATE NUMBER:49557098 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 ADDL'SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X HDO G24557728 05/01/16 05/01/17 EACH OCCURRENCE $ 2,000,000 DAMAGETORENTECLAIMS-MADE X OCCUR PREMISES Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X PRO- X JECT LOC _PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: B AUTOMOBILE LIABILITY BAP 9483148-05 05/01/16 05/01/17 COMBaccident)INED SINGLE LIMIT $ 1,000,000 {Ea X ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS XX NON-OWNED OPERTY )Parr a cidentDAMAGE) $ HIRED AUTOS AUTOS X Comp $1,000X Coll $1,000 $ C X UMBRELLALIAB X OCCUR XOO G27240665 05/01/16 05/01/17 EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ 10,000 $ D WORKERS COMPENSATION WC 3504866-15 05/01/16 05/01/17 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A WC 3867133-09 05/01/16 05/01/17 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Pollution CPL 12456119 05/01/16 05/01/17 Each Loss/Agg Limit1,000,000 B Architects & Engineers Prof. IPR 1008375-01 05/01/16 05/01/17 Any One Claim/Agg 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Contract #16-7039 Collier County Board of County Commissioners is an additional insured on the General Liability and Automobile Liability policies as required by written contract. Coverage is primary and non-contributory where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3327 Tamiami Trail E. AUTHORIZED REPRESENTATIVE Naples, FL 34112 1p t2 USA W `^� -^ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Nhuddy 49557098