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Agenda 01/13/2015 Item #16B 2
• 1/13/2015 16.B.2. EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners (BCC) as the Community Redevelopment Agency Board(CRAB) approve and award,RFP #14-6237 for Construction" Engineering Inspection (CEI) Services to AMEC Environmental & Infrastructure, Inc. for the Immokalee Stormwater Improvements —Phpse II (Immokalee Drive)Project and authorize the Board Chair to execute the Agreement. OBJECTIVE: To approve and award RFP #14-6237 for Construction Engineering Inspection (CEI) Services to AMEC Environmental & Infrastructure, Inc. for the Immokalee Stormwater Improvements — Phase II (Immokalee Drive) Project and authorize the Board Chair to execute the Agreement valued at$43,442. CONSIDERATIONS: On April 20, 2014, the Collier County Purchasing Department issued Request for Proposal (RFP) No. 14-6237, on behalf of the Immokalee CRA, through its on-line bidding system. Twelve hundred and fifty (1 250) email notifications were sent out to potential respondents. Thirty five (35) firms downloaded the solicitation information. The RFP solicited CEI services related to drainage system, pedestrian facility and roadway improvements in the west Immokalee area. This CEI and related construction contract will both be grant funded via Disaster Recovery Enhancement Funds (DREF), approved on May 22, 2012 (Agenda Item #16D3). Two (2) responses to the RFP were received by the May 9, 2014, deadline. The Selection Committee met on July 14,2014, and ranked the responding firms in the following order: 1. AMEC Environmental and Infrastructure,Inc.—Top Ranked 2. CPH Engineering On October 15, 2014 (agenda item 16B2) the Board approved the shortlist of firms and recommended negotiations with AMEC Environmental and Infrastructure, Inc., the top-ranked firm. The contract has been negotiated and is available for Board approval. This CEI activity will ensure that construction of the Immokalee Stormwater Improvements — Phase II (Immokalee Drive) Project is completed in accordance with the construction plans, specifications, schedule, FDOT MOT regulations, grant requirements and other contractual obligations. On December 9, 2014 Collier County received authorization from the Florida Department of Economic Opportunity (DEO) to award this contract to AMEC in an amount not-to-exceed $43,443.15. The approval letter is attached for reference. FISCAL IMPACT: Funding for the subject CEI contract will be reimbursed to the CRA through CRA Grant Fund 715, specifically grant Agreement #12DB-P5-09-21-01-K39 #14.228 (project#33214)as amended by the BCC on October 22, 2013 Item#16D8. Packet Page-706- 1/13/2015 16.B.2. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a tTh majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: This action furthers the programs and projects within the budgetary and policy guidance and directives of the Community Redevelopment Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." This action is also in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. Furthermore, according to the 2008 Annual Conference publication from the Florida Redevelopment Association(FRA): "One of the primary tenants of a Community Redevelopment Agency is to provide clean and safe environments through the redevelopment of stormwater management systems. CRA's should promote clean environments through stormwater system improvements including watershed planning, land conservation, erosion and sediment control, stream restoration, and pollution prevention, Stormwater management reduces the amount of pollutants in runoff to reduce the threat to drinking water supplies, recreation and wildlife. Redevelopment implements stormwater safety by improving site designs, preserving natural drainage systems, enhancing water quality and preventing future flood damages. CRA's should support clean water goals that allow residents to be proud of their communities". RECOMMENDATION: That the Board approve and award RFP #14-6237 for Construction Engineering Inspection (CEO Services to AMEC Environmental & Infrastructure, Inc. for the Immokalee Stormwater Improvements — Phase II (Immokalee Drive) Project and authorize the Board Chair to execute the Agreement valued at$43,442. Prepared by: Bradley Muckel,Immokalee CRA Attachments: 1)Draft Agreement 2)DEO Approval Letter Packet Page-707- 1/13/2015 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.6.16.6.2. Item Summary: Recommendation that the Collier County Board of County Commissioners (BCC) as the Community Redevelopment Agency (CRA) (Board) approve and award RFP #14- 6237 for Construction Engineering Inspection (CEI) Services to AMEC Environmental & Infrastructure, Inc. for the Immokalee Stormwater Improvements—Phase II (Immokalee Drive) Project and authorize the Board Chair to execute the Agreement. Meeting Date: 1/13/2015 Prepared By Name: MuckelBradley Title: CRA Operations Manager,Immokalee County Redevelopment Agency 1/5/2015 4:34:35 PM Submitted by Title: CRA Operations Manager,Immokalee County Redevelopment Agency Name: MuckelBradley 1/5/2015 4:34:36 PM Approved By Name: MarkiewiczJoanne Title: Director-Purchasing/General Services,Purchasing&General Services Date: 1/6/2015 8:12:38 AM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 1/6/2015 8:28:59 AM Name: HerreraSandra Title: Manager-Procurement,Purchasing&General Services Date: 1/6/2015 9:03:49 AM Name: Joshua Thomas Title: Grants Support Specialist,Grants Management Office Packet Page -708- 1/13/2015 16.B.2. Date: 1/6/2015 12:02:49 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/6/2015 1:20:45 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/6/2015 2:18:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/6/2015 3:38:39 PM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 1/7/2015 9:09:31 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 1/7/2015 9:40:31 AM Packet Page-709- 1/13/2015 16.B.2. Contract# 14-6237 "CEI Services for the Immokalee Stormwater Improvements - Phase (I Immokalee Drive and North 16th Street" GRANT FUNDED PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 20_ 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 Environment & Infrastructure, Inc., authorized to do business in the State of Florida, whose business address is 3400 Radio Road, Suite 281, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional Construction, Engineering, and Inspection (CEI) services of the CONSULTANT concerning Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY Packet Page -710- 1/13/2015 16.B.2. 1.1. CONSULTANT shall provide to OWNER professional 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 Jose R. Perez, AIA, CGC, LEED AP, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by 2 Packet Page -711- 1/13/2015 16.B.2. 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 the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. 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. 3 Packet Page -712- 0 1/13/2015 16.B.2. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state and/or federal requirements and/or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and/or items necessary to correct the deficiencies directly related to the Consultant's non-performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCAD DWG or MicroStation DGN format on a CD or DVD, drawn in the Florida State 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. a Packet Page -713- 1/13/2015 16.B.2. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order 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 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 Purchasing 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 an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty-eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of 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. s Packet Page-714- 1/13/201516.8.2. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 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). 6 Packet Page -715- 0 1/13/2015 16.B.2. 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager"). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; Packet Page -716- 1/13/2015 16.B.2. (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the — execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 8 Packet Page -717- 1/13/2015 16.B.2. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANTS services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. ARTICLE FIVE COMPENSATION 9 Packet Page -718- 1/13/2015 16.B.2. 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. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, MicroStation or AutoCAD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ("Project Documents"). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use, 6.2. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may 10 Packet Page -719- L 1/13/2015 16.B.2. be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier ti Packet Page -720- 1/13/2015 16.B.2. 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. 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 CONSULTANTS 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, 12 Packet Page -721- 1/13/2015 16.B.2. 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 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. 13 Packet Page -722- 1/13/2015 16.B.2. 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 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 CONSULTANTS 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. 14 Packet Page -723- ,' 1/13/2015 16.B.2. 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. 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 1s Packet Page -724- 1/13/2015 16.B.2. extension of time to its schedule in accordance with the procedures set forth in Article Four herein. 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty-five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act 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 I6 r -} Packet Page -725- ��J 1/13/2015 16.B.2. CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other 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 17 Packet Page-726- 1/13/2015 16.B.2. 16.1. AD notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Procurement Services Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 Fax: 239-252-6480 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 Environment & Infrastructure, Inc. 3400 Radio Road, Suite 281 Naples, Florida 34104 Phone: 239-643-4747; Fax: 239-643-4750 Attn: Jose R. Perez, AIA, LEED AP jose.r.perez amec.corn 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. -� 18 Packet Page -727- � ^ 1/13/2015 16.B.2. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 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 19 Packet Page -728- 1/13/2015 16.B.2. Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Schedule G RFP # 14-6237 "CEI Services for the Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street" Terms and Conditions, Exhibit IB Clauses for all Contracts and Required Forms CBDG Schedule H Consultants Grant Documents ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be - brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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. 20 Packet Page -729- ti's' 1/13/2015 16.B.2. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ARTICLETWENTY 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 21 Packet Page -730- 1/13/2015 16.B.2. courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. ********** 22 � Packet Page -731- = 1/13/2015 16.B.2. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "CEI Services for the Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street" on the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, Dwight E. Brock, Clerk By: Date: By: , Chairman Approved as to Form and Legality: Assistant County Attorney Name AMEC Environment & Infrastructure, Inc. By: Witness Name and Title Name and Title Witness Name and Title 23 Packet Page -732- 1/13/2015 16.B.2. SCHEDULE A— SCOPE OF WORK Contract# 14-6237 "CEI Services for the Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street" Background The Immokalee CRA will be securing the services of a construction firm to install a stormwater conveyance system, sidewalks and asphalt overlay to Immokalee Drive and North 16th Street in Immokalee. Since this construction project is grant-funded through USHUD and the Florida DEO, there are strict reporting requirements related to observational reports, personnel monitoring, certified payroll reporting, meeting documentation and field inspection services. The Consultant will be responsible for assisting the Owner with all facets of project controls. Detailed Scope of Work TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION One Construction Inspector shall observe regular construction and testing activities related to the Project on a weekly basis, including removal and re-installation of the existing pipe or appurtenances, and video and testing of existing mains. Construction documentation will be prepared on the day the construction activity takes place by the Construction Inspector. All construction documentation will be provided to the Immokalee CRA Office ("CRA") not later than the first working day of the second and fourth week of each month or more frequently if so requested by the CRA. The Construction Inspector will provide the following services. 1.1 - Construction Observation — The Construction Inspector will conduct on-site observations and inspections of all construction activities on the Project to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will be obligated on a part-time basis in general, with the expectation of being on-site for an average of 16 hours a week. The Construction Inspector will inform an on-site representative of the construction contractor of any concerns related to conformance of the 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 Construction Inspector shall inform the Engineer of Record ("EOR") and the CRA 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. The FOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the CRA and the Construction Inspector in writing. This protocol will be initiated any time the Construction 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 Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. -1 Packet Page -733- 1/13/2015 16.B.2. 1.2 - Log and Construction Documentation — The Construction Inspector will prepare a log recording activities and details related to the work on a form approved in advance by the CRA. �., Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site including, but not limited to: daily construction crew (labor) details including the names and company of every individual performing work on the site, 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 other details related to the Work. The 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 CRA. Logs, photograph files and other construction documentation will be provided to the CRA by the Construction Inspector on a bi-weekly basis in an electronic file on a digital CD and a printed copy on the first day of the second and fourth week of each month. 1.3 — Photographic and Video Record — The Construction Inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the 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 transferred to a digital CD and submitted bi-weekly to the CRA along with the construction documentation. The photographs will be printed in high resolution color, two captioned photos per 8 '/2" x 11" sheet, printed one side only. The prints will be provided to the CRA bi-weekly with the construction documentation. Video will be provided in digital format on DVD bi-weekly. 1.4 - General Coordination — The Construction Inspector will coordinate all activities related to the multiple-beneficial use of completed segments of the Project, between the construction contractor, the EOR and the CRA. The Construction Inspector 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 - Observe Regulatory Agency Inspections — The CI 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 logs. 1.6 - Construction Progress Meetings — The CI will coordinate bi-weekly progress meetings chaired by the CRA Project Manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The CI will prepare a DRAFT Agenda at least two business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the CRA and the construction contractor. 1.7 - Substantial Completion Inspections — The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the -2 Packet Page-734- 1/13/2015 16.B.2. CRA. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The Construction Inspector will coordinate and participate in the final walk-through to ensure that the punch-list items are completed to the satisfaction of the EOR and the CRA. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the EOR and the CRA, the Construction Inspector will conduct final 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 Construction Inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction Inspector 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 Construction Inspector can issue a "notice of final acceptance and recommendation for final payment". 1.9 — Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction Inspector will provide a signed and sealed certification by a professional engineer in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the ENGINEER OF RECORD". TASK 2 — CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES 2.1 - General Management and Oversight — The Construction Inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: a. Participate in two (2) pre-construction coordination meetings with the CRA and a pre-construction meeting with the CRA and the general contractor. b. Participate in other meetings as described or implied herein. c. Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction Inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction Inspector to the CRA as an experienced and qualified professional, that based on Construction Inspector'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 work is constructed in accordance with the Contract Documents. The Construction Inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction Inspector shall be mechanically stamped with the date received. d. The Construction Inspector will review the monthly updates to the construction schedule prepared by the construction contractor. e. The Construction Inspector will provide such field testing and verification that all materials, equipment and supplies installed or utilized on the Project are in full -3 Packet Page-735- 1/13/201516.8.2. accordance with the Contract Documents and approved Shop Drawings provided by the EOR. f. Within one week after the construction contractor notifies the EOR and the CRA that the Work on the Project (for each Phase) is substantially complete in accordance with the Contract Documents, the Construction Inspector 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. 2.2 — Coordination of Shop Drawings, Contract Interpretations and Clarifications — The Construction Inspector will coordinate with the design engineer regarding the issuance of interpretations and clarifications of Contract Documents during construction. The DESIGN ENGINEER shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction Inspector shall coordinate the DESIGN ENGINEER's decisions and responses with the construction contractor. 2.3 - Monitor Project Records — The Construction Inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 2.4 — As Constructed Field Drawings — The Construction Inspector shall maintain red pencil "mark-up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction Inspector to validate the "As Built" documentation provided by the construction contractor. The Construction Inspector will notify the EOR and the construction contractor of any differences in the documents maintained by the general contractor and the Construction Inspector on a weekly basis for resolution by the EOR. 2.5 — Start-up and Re-commissioning Support — The Construction Inspector will assist the CRA, the EOR and the construction contractor during start-up of each segment designated for Beneficial Use by the CRA, including but not limited to signing off on regulatory permits and general coordination between the EOR, CRA and construction contractor. TASK 3 — ADDITIONAL SERVICES 3.1 — Additional Services (as authorized in writing) —In accordance with Article 2 of the Agreement, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Construction Inspector shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the CRA's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the CRA in writing of Additional Services shall be deemed a waiver of any claim by the Construction Inspector that such services were Additional Services. Written authorization from the CRA will be required for any charges that exceed the predetermined upper limit. -4 Packet Page -736- 1/13/2015 16.B.2. 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. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of: Bradley Muckel, Principal Project Manager, Collier County Community Redevelopment Agency (CRA) — Immokalee, 750 South Fifth Street, Immokalee, FL 34142 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 TIME AND MATERIALS NOT TO EXCEED AMOUNT: 1 Detailed Observation and $31,046.00 Documentation 2 Construction Inspector Project $12,201.00 Management Services 3 Reim bursable $195.00 TOTAL FEE (Total Tasks 1-2 and $43,442.00 Reimbursable ) 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 B-5 Packet Page -737- 1/13/2015 16.B.2. 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.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.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-5 Packet Page -738- 1/13/2015 16.B.2. 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.3.4.1.6 Other items on request and approved in writing by the OWNER. B-5 Packet Page -739- 1/13/2015 16.B.2. SCHEDULE B Attachment 1 Title Standard Hourly Rate Principal $ 206.00 Senior Project Manager $ 172.00 Project Manager $ 147.00 Senior Engineer $ 157.00 Engineer $ 123.00 Senior Inspector $ 96.00 Inspector $ 76.00 Senior Planner $ 139.00 Planner $ 110.00 Senior Designer $ 114.00 Designer $ 94.00 Environmental Specialist $ 109.00 Senior Environmental Specialist $ 134.00 Scientist/Geologist $ 93.00 Senior Scientist/Geologist $ 118.00 Marine Biologist/Hydrogeologist $ 110.00 Senior Marine Brologist/Hydrogeologist $ 138.00 Senior GIS Specialist $ 139.00 GIS Specialist $ 102.00 Clerical/Administrative $ 62.00 Senior Technician $ 85.00 Technician $ 72.00 Surveyor and Mapper $ 120.00 CADD Technician $ 81.00 Survey Crew - 2 man $ 130.00 Survey Crew - 3 man $ 161.00 Survey Crew - 4 man $ 189.00 Senior Architect $ 154.00 Architect $ 121.00 This list is not intended to be all-inclusive. Hourly rate fees for other categories of professional, support and other services shall be mutually negotiated by the County and firm on a project by project basis as needed. END OF SCHEDULE B. B-5 Packet Page-740- 1/13/2015 16.B.2. SCHEDULE C PROJECT MILESTONE SCHEDULE Cumulative Number of Calendar Days For Completion Task Description from Date of ti Notice to Proceed for Services under this Agreement 1 Detailed Observation and Documentation 180 2 Construction Inspector Project 180 Management Services C-1 Packet Page -741- 1/13/2015 16.B.2. 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 shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D-1 Packet Page -742- 1/13/2015 16.B.2. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. — (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the — completion of the services required hereunder or termination of the Agreement, the D-2 Packet Page -743- 1/13/2015 16.B.2. 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 (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $500,000 Each Accident $500,000 Disease Aggregate $500,000 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. Applicable X Not Applicable D-3 Packet Page -744- 1/13/2015 16.B.2. (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: General Aggregate $300,000 Products/Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products/Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X_ General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $1,000,000 — Fire Damage $ 50,000 D-4 Packet Page -745- 1/13/2015 16.B.2. (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self-insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self-insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his/her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) 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 (7) 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 D-5 Packet Page -746- 1/13/2015 16.B.2. (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 - $ 500,000 Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. 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: $ 500,000 each claim and in the aggregate _x $1,000,000 each claim and in the aggregate D-6 Packet Page -747- 1/13/2015 16.B.2. $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20%) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. 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 D-7 Packet Page-748- 1/13/2015 16.B.2. (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project-specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self-insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: — a. The date the professional liability insurance renews. b. Current policy limits. c. Current deductibles/self-insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULE D D-8 Packet Page -749- 1/13/2015 16.B.2. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, AMEC 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 for the Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street" are accurate, complete and current as of the time of contracting. AMEC Environment & Infrastructure, Inc. BY: TITLE: DATE: E-1 Packet Page -750- 1/13/2015 16.B.2. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time Ramon Molina Senior Project Manager 12 Robert Russell Senior Inspector 60 Derek Levy Inspector (backup) 0 % F-1 Packet Page -751- 1/13/2015 16.B.2. SCHEDULE G RFP # 14-6237 "CEI Services for the Immokalee Stormwater Improvements - Phase II Immokalee Drive and North 16th Street" Terms and Conditions, Exhibit IB Clauses for all Contracts and Required Forms CBDG (following this page) Schedule G Packet Page -752- 1/13/2015 16.B.2. GRANT FUNDED REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Co fil et' County Administrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 14-6237 CEI Services for the Immokalee Stormwater Improvements — Phase II Immokalee Drive and North 16th Street GRANT FUNDED DREF GRANT #12DB-P5-09-21-01 K39 Scott D. Johnson, Interim Acquisition Manager (239) 252-8995 (Telephone) (239) 252-6588 (Fax) ScottJohnson @colliergov.net(Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. itt." Pur ng DepeR •2327 Taman Tra'Fast•Ntap'es.Ronda 341.2-4901•v,w.co!?tergov.netpurcnasing CCNA(Revision 01012014) Packet Page-753- 1/13/2015 16.B.2. Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT IA: GRANT PROVISIONS AND FORMS 13 EXHIBIT II: GENERAL RFP INSTRUCTIONS 13 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 17 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 21 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_01012014 RFP_CCNATemplate 2 Packet Page -754- 1/13/2015 16.B.2. County Adnrnislrative Services Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide CE/Services for Immokalee Stormwater Improvements-Phase II will be received until 3:00 PM, Naples local time, on May 2, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation #14-6237 CEI Services for the Immokalee Stormwater Improvements- Phase II Services to be provided may include, but not be limited to detailed observation and documentation and project management of construction services. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.collieroov.net/bid. .-. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on April 11, 2014. RFP CCNA Template_01012014 RFP_CCNATemplate 3 Packet Page-755- 1/13/2015 16.B.2. Exhibit I: Scope of Work, Specifications and Response Format As requested by the lmmokalee Community Redevelopment Agency(CRA) (hereinafter, the "Division or Department"), the Collier County Board of County Commissioners Purchasing Department (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 Purchasing Policy. Brief Description of Purchase Construction Engineering Inspection (CEI) Services for the construction of a stormwater conveyance system, sidewalk installations, and asphalt overlay. Historically, County departments have spent approximately $30,000 for this service on a construction project of this size. Background The Immokalee CRA will be securing the services of a construction firm to install a stormwater conveyance system, sidewalks and asphalt overlay to lmmokalee Drive and North 16th Street in Immokalee. Since this construction project is grant-funded through USHUD and the Florida DEO, there are strict reporting requirements related to observational reports, personnel monitoring, certified payroll reporting, meeting documentation and field inspection services. The selected CEI firm will be responsible for assisting the Owner with all facets of project controls. Detailed Scope of Work TASK 1 — DETAILED OBSERVATION AND DOCUMENTATION One Construction Inspector shall observe regular construction and testing activities related to the Project on a weekly basis, including removal and re-installation of the existing pipe or appurtenances, and video and testing of existing mains. Construction documentation will be prepared on the day the construction activity takes place by the Construction Inspector. All construction documentation will be provided to the Immokalee CRA Office ("CRA") not later than the first working day of the second and fourth week of each month or more frequently if so requested by the CRA. The Construction Inspector will provide the following services. 1.1 - Construction Observation —The Construction Inspector will conduct on-site observations and inspections of all construction activities on the Project to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will be obligated on a part-time basis in general, with the expectation of being on-site for an average of 16 hours a week. The Construction Inspector will inform an on-site RFP CCNA Template_01012014 RFP_CCNATemplate 4 Packet Page-756- 1/13/2015 16.B.2. representative of the construction contractor of any concerns related to conformance of the 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 Construction Inspector shall inform the Engineer of Record ("EOR") and the CRA 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. The EOR will be responsible for investigating the concern or issue and resolving the same through a written directive to the construction contractor and so inform the CRA and the Construction Inspector in writing. This protocol will be initiated any time the Construction 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 Construction Inspector will maintain a separate Issue Resolution Log documenting any issue or concern that is conveyed in writing to the EOR, including the written directive resolving the issue or concern. 1.2 - Log and Construction Documentation—The Construction Inspector will prepare a log recording activities and details related to the work on a form approved in advance by the CRA. Information will be recorded in the log when at the Project Site. Log entries will record all relevant aspects of the construction observed while on site 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 other details related to the Work. The 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 CRA. Logs, photograph files and other construction documentation will be provided to the CRA by the Construction Inspector on a bi-weekly basis in an electronic file on a digital CD and a printed copy on the first day of the second and fourth week of each month. 1.3— Photographic and Video Record —The Construction Inspector will provide a comprehensive digital photographic record of all construction activities related to the Project. The digital file names will be referenced in the 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 transferred to a digital CD and submitted bi-weekly to the CRA along with the construction documentation. The photographs will be printed in high resolution color, two captioned photos per 8 %" x 11" sheet, printed one side only. The prints will be provided to the CRA bi-weekly with the construction documentation. Video will be provided in digital format on DVD bi-weekly. 1.4- General Coordination —The Construction Inspector will coordinate all activities related to the multiple-Beneficial Use of completed segments of the Project during Phase 1, between the construction contractor, the EOR and the CRA. The Construction Inspector will oversee substantial and final completion inspections, and prepare and maintain the punch RFP CCNA Template_01012014 RFP_CCNATemplate 5 Packet Page-757- 1/13/2015 16.B.2. list, including follow-up inspections to ensure that punch list items are corrected and/or completed. 1.5 - Observe Regulatory Agency Inspections—The CI 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 logs. 1.6 - Construction Progress Meetings—The CI will coordinate bi-weekly progress meetings chaired by the CRA Project Manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The CI will prepare a DRAFT Agenda at least two business days in advance of the each meeting and issue written meeting notes identifying a summary of the discussion, conclusions and any risks that have been encountered or are expected within two days after the meeting to the CRA and the construction contractor. 1.7 - Substantial Completion Inspections —The Construction Inspector will conduct substantial completion inspections when requested by the construction contractor and the EOR recommends that the work is sufficiently complete to warrant a substantial completion inspection. During the substantial completion inspection the Construction Inspector will prepare a punch list of items requiring completion or correction to the satisfaction of the EOR and the CRA. The Construction Inspector will be responsible for maintaining the punch-list and issuing updates to the punch-list on a weekly basis. The Construction Inspector will coordinate and participate in the final walk-through to ensure that the punch- list items are completed to the satisfaction of the EOR and the CRA. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the EOR and the CRA, the Construction Inspector will conduct final 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 Construction Inspector will judge the work complete or not complete. If the work is judged complete, the Construction Inspector will issue a "notice of final acceptance and recommendation for final payment". If the work is judged not complete, the Construction Inspector 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 Construction Inspector can issue a "notice of final acceptance and recommendation for final payment". 1.9— Final Construction Certification — Upon issuance of a "notice of final acceptance and recommendation for final payment" the Construction Inspector will provide a signed and sealed certification by a professional engineer in responsible charge of the work provided by the Construction Inspectors stating that the "Project has been completed by the construction contractor in accordance with the Plans and Specifications of the Contract Documents as amended by the ENGINEER OF RECORD". TASK 2— CONSTRUCTION INSPECTOR PROJECT MANAGEMENT SERVICES RFP CCNA Template_01012014 RFP_CCNATemplate 6 Packet Page-758- 1/13/2015 16.B.2. 2.1 - General Management and Oversight—The Construction Inspector will provide support services customarily related to the construction observation and inspection of similar projects including, but not limited to: a. Participate in two (2) pre-construction coordination meetings with the CRA and a pre-construction meeting with the CRA and the general contractor. b. Participate in other meetings as described or implied herein. c. Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. The Construction Inspector's recommendation of any payment requested in an application for payment shall constitute a representation by the Construction Inspector to the CRA as an experienced and qualified professional, that based on Construction Inspector'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 work is constructed in accordance with the Contract Documents. The Construction Inspector will process pay requests in accordance with the Florida Prompt Payment Act. All incoming pay requests processed by the Construction Inspector shall be mechanically stamped with the date received. d. The Construction Inspector will review the monthly updates to the construction schedule prepared by the construction contractor. e. The Construction Inspector 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 EOR. f. Within one week after the construction contractor notifies the EOR and the CRA that the Work on the Project (for each Phase) is substantially complete in accordance with the Contract Documents, the Construction Inspector 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. 2.2—Coordination of Shop Drawings, Contract Interpretations and Clarifications —The Construction Inspector will coordinate with the design engineer regarding the issuance of interpretations and clarifications of Contract Documents during construction. The DESIGN ENGINEER shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction Inspector shall coordinate the DESIGN ENGINEER's decisions and responses with the construction contractor. 2.3 - Monitor Project Records —The Construction Inspector shall monitor all required Project records, including but not limited to delivery schedules, inventories and construction reports. 2.4—As Constructed Field Drawings—The Construction Inspector shall maintain red pencil "mark-up" notations and sketches on full size construction plans that reflect the actual details of constructed facilities. These Constructed Field Drawings will be used by the Construction Inspector to validate the "As Built" documentation provided by the construction contractor. The Construction Inspector will notify the EOR and the RFP CCNA Template_01012014 RFP_CCNATemplate 7 Packet Page-759- 1/13/2015 16.B.2. construction contractor of any differences in the documents maintained by the general contractor and the Construction Inspector on a weekly basis for resolution by the EOR. 2.5—Start-up and Re-commissioning Support—The Construction Inspector will assist the CRA, the EOR and the construction contractor during start-up of each segment designated for Beneficial Use by the CRA, including but not limited to signing off on regulatory permits and general coordination between the EOR, CRA and construction contractor. TASK 3—ADDITIONAL SERVICES 3.1 Additional Services (as authorized in writing)—In accordance with Article 2 of the Agreement, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work; Construction Inspector shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the CRA's Project Manager in writing in advance of performance of said Additional Services. Failure to notify the CRA in writing of Additional Services shall be deemed a waiver of any claim by the Construction Inspector that such services were Additional Services. Written authorization from the CRA will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award is made is intended to be for this project needs only. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. Projected Solicitation Timetable The following projected timetable should be used as a working guide for planning purposes only. The County reserves the right to adjust this timetable as required during the course of the RFP process. Event, Date Issue Solicitation Notice 4/11/2014 Last Date for Receipt of Written Questions 4/25/2014 Addendum Issued Resulting from Written Questions or Pre- 4/28/2014 Proposal Conference Solicitation Deadline Date and Time 5/2/2014 Anticipated Evaluation of Submittals June 2014 Anticipated Completion of Contract Negotiations July 2014 Anticipated Board of County Commissioner's Contract September 2014 Approval Date RFP CCNA Tempiate_01012014 RFP_CCNATemplate 8 Packet Page-760- 1/13/2015 16.B.2. Response Format The Consultant understands and agrees to abide by all of the RFP specifications, provisions, terms and conditions of same, and all ordinances and policies of Collier County. The Consultant further agrees that if the contract is awarded the work will be performed in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. However, any proposal that contains such variances may be considered non-responsive. Proposals should be prepared simply and economically, providing a straightforward concise description of the Consultant's approach and ability to meet the County's needs, as stated in the RFP. All proposals should be presented as described in the RFP in PDF or Microsoft Word format with Tabs clearly marked. If applicable, the utilization of recycled paper for proposal submission is strongly encouraged. The items listed below are to be submitted with each proposal and submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a Consultant to include all listed items may result in the rejection of its proposal. 1. Tab I, Cover Letter/ Management Summary(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. 2. Tab II, Business Plan (20 Points) In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Detailed time line for completion of the project. • Include with the Business Plan or as an attachment, a copy of a report as an example of work product. This should be for one of the projects listed as a reference. 3. Tab III, Experience and Capacity of Firm (20 Points) In this tab, include: RFP CCNA Template_01012014 RFP_CCNATemplate 9 Packet Page-761- 1/13/2015 16.B.2. • 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 (30 Points) In this tab, include: • Description of the proposed 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 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 (10 Points) in order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A(or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the RFP CCNA Template_01012014 RFP_CCNATemplate 10 Packet Page-762- 1/13/2015 16.B.2. Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Total Consultant Name Points Awarded Reference Score Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 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 (10 Points) • 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 • Attachment 9: Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations Exhibit IA: Granting Agency Required Forms RFP CCNA Template_01012014 RFP_CCNATemplate 11 Packet Page -763- 1/13/2015 16.B.2. Exhibit IA: Grant Provisions and Forms www.colliergov.net/ebidding RFP CCNA Template_01012014 RFP_CCNATemplate 12 Packet Page-764- 1/13/2015 16.B.2. Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as this will usually be the only pre-proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals RFP CCNA Template_01012014 RFP_CCNATemplate 13 Packet Page -765- 1/13/2015 16.B.2. All proposals are to be delivered before 3:00 PM, Naples local time, on or before May 2, 2014 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D Johnson, Interim Acquisition Manager The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and/or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master," and seven (7) compact disks (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. 7. Validity of Proposals No proposal can be withdrawn after it is filed unless the Consultant makes their request in writing to the County prior to the time set for the closing of Proposals. All proposals shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. 8. Method of Source Selection The County is using the Competitive Sealed Proposals methodology of source selection for this procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3)firms,the Procurement Director shall review all the facts and determine if it is in the best interest of the County to solicit additional proposals or request that the Selection Committee rank order the received proposals. The County may, as it deems necessary, conduct discussions with qualified Consultants determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. 9. Evaluation of Proposals Collier County will evaluate and select these Services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. RFP CCNA Template_01012014 RFP_CCNATemplate 14 Packet Page-766- 1/13/2015 16.B.2. 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. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3)working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will 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, including interviews, or oral presentations. 8. The Selection Committee, as approved by the County Manager or designee, will review, evaluate and rank all responsive proposals received from Proposers responding to this RFP. The committee members will score each Proposal in accordance with the rating criteria set forth below and may, at their discretion, schedule presentations from any firms submitting a proposal. Consultant(s) shall have an opportunity to discuss their qualifications, approach to the project and ability to furnish services for the scope of work outlined in this solicitation during the publicly announced Selection Committee Meeting prior to the final ranking. This discussion does not preclude the County from having additional presentations by ranked firms at the County's sole discretion. 9. The Selection Committee will rank qualified firms in order of preference and by consensus using all information presented to the Committee, choose the top ranked firm and will subsequently enter into negotiations with the top ranked firm. Award of the contract is dependent upon the successful and full execution of a mutually agreed contract. 10. Negotiations shall begin with the top-ranked firm(s) in accordance with Florida Statute 287.055. 11. Upon the successful completion of negotiations, contracts will be presented to the Board of County Commissioners for approval. The County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, addendums, and/or amendments as it may deem appropriate, including, but not limited, to requesting supplemental proposal information. Receipt of a proposal by the County or a submission of a proposal to the County offers no rights upon the Consultant nor obligates the County in any manner. RFP CCNA Template_01012014 RFP_CCNATemplate 15 Packet Page-767- 1/13/2015 16.B.2. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab I, Cover Letter/Management Summary 10 Tab II, Business Plan 20 Tab III, Experience and Capacity of the Firm 20 Tab IV, Specialized Expertise of Team Members 20 Tab V, References 10 Tab VI, Acceptance of Conditions 10 Tab VII Required Submittal Forms 10 TOTAL 100 Points 12. Acceptance or Rejection of Proposals The right is reserved by the County to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and Collier County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection. In the event of default of the successful Consultant, or their refusal to enter into the Collier County contract, the County reserves the right to accept the proposal of any other Consultant or to re-advertise using the same or revised documentation, at its sole discretion. RFP CCNA Template_01012014 RFP_CCNATemplate 16 Packet Page-768- 1/13/2015 16.B.2. 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_01012014 RFP_CCNATempiate 17 Packet Page-769- 1/13/2015 16.B.2. 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 I 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_01012014 RFP_CCNATemplate 18 Packet Page-770- 1/13/2015 16.B.2. 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_01012014 RFP_CCNATemplate 19 Packet Page-771- 1/13/2015 16.B.2. 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_01012014 RFP_CCNATemplate 20 Packet Page-772- Exhibit IV: Additional Terms and Conditions for RFP 1/13/2015 16.B.2. 1. Insurance and Bonding Requirements �1 The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant RFP CCNA Template_01012014 RFP_CCNATemplate 21 Packet Page-773- hereunder, Consultant shall immediately take steps to have the aggregate limit 1/13/2015 16.B 2 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 Purchasing Policy. 4. Use of Subcontractors Bidders on any service related project, including construction, must be qualified and directly responsible for 81% or more of the solicitation amount for said work. 5. 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. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts/agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Consultant. 7. Public Records Compliance The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119 (including RFP CCNA Template_01012014 RFP_CCNATemplate 22 Packet Page-774- q § ( ) (a)-(d) ( )) 1/13/201516.B.2. specifically those contractual requirements at F.S. 119.0701 2 and 3 rules, regulations and requirements of any governmental agencies. 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 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 and with a maximum yearly contract amount of$750,000 per firm. 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: bccapclerk(a�collierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and/or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." RFP CCNA Template_01012014 RFP_CCNATemplate 23 Packet Page-775- Upon execution of the Contract and completion of each month's work, paymen,1/13/2015 16.B.2. 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 "lathes" 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. 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 RFP CCNA Template_01012014 RFP_CCNATemplate 24 Packet Page-776- Consultant non-responsive. A Consultant, with an office within Collier County is al„1/13/2015 16.6.2. 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 Bids (ITBs/RFPs): The Consultant/Contractor/Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation #14-6237 resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 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. 15. Termination Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 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) RFP CCNA Template_01012014 RFP_CCNATemplate 25 Packet Page-777- In order to be considered for award, firms must be registered with the Florida D.,1/13/2015 16.B.2. Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 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 Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Procurement Director prior to the due date for acceptance of proposals. All such protests must be filed with the Procurement Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Procurement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as to the form and content requirements of the formal protest. A copy of the "Protest Policy" is available at the office of the Procurement Director. 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 If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing �-. background checks by the Collier County Facilities Management Department, and drug testing for all RFP CCNA Template_01012014 RFP_CCNATemplate 26 Packet Page-778- employees that shall provide services to the County under this Agreement. This ma 1/13/2015 16.8.2. 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. 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 Purchasing Department an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/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_01012014 RFP_CCNATemplate 27 Packet Page-779- 1/13/2015 16.6.2.For additional information regarding the Employment Eligibility Verification System ,- —..., r ..yw. 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_01012014 RFP_CCNATemplate 28 Packet Page -780- 1/13/2015 16.B.2. Co ler County Administrative Services Division Purchasing Attachment 1: Consultant's Non-Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation #14-6237 CEI Services for Immokalee Stormwater Improvements — Phase II 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_01012014 RFP_CCNATemplate 29 Packet Page-781- 1/13/2015 16.B.2. ;o e- County _ Adrr nistraiive Services Division Purchasing Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. n Any addenda have been signed and included. ❑ The mailing envelope has been addressed to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D. Johnson, Interim Acquisition Manager CCNA Solicitation: #14-6237 CEI Services for Immokalee Stormwater Improvements — Phase II n The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) 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_01012014 RFP_CCNATemplate 30 Packet Page -782- 1/13/2015 16.B.2. Cca ler County Adrninistrative Services Division Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: 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 My Commission Expires RFP CCNA Template_01012014 RFP_CCNATemplate 31 Packet Page -783- 1/13/2015 16.B.2. ier County Administrative Services Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: #14-6237 CEI Services for Immokalee Stormwater Improvements— Phase II Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of 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_01012014 RFP_CCNATemplate 32 Packet Page-784- Additional Contact Information 1/13/2015 16.B.2. 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_01012014 RFP_CCNATemplate 33 Packet Page-785- 1/13/2015 16.B.2. Coyer Co .nty Administrative Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: #14-6237 CEI Services for Immokalee Stormwater Improvements—Phase II 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-Verifv 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_01012014 RFP_CCNATemplate 34 Packet Page-786- 1/13/2015 16.B.2. Cotter County Purchasing ,^ 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 of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number RFP CCNA Template_01012014 RFP_CCNATemplate 35 Packet Page -787- 1/13/2015 16.B.2. Co it* County Administrative Services Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance%Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $500,000.00 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 ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $ 500,000.00 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage(Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence RFP CCNA Template_01012014 RFP_CCNATemplate 36 Packet Page-788- 1/13/2015 16.B.2. El Professional Liability $ per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence El Valuable Papers Insurance $ Per Occurrence 6. El 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. El 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. 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 RFP CCNA Template_01012014 RFP_CCNATemplate 37 Packet Page-789- 1/13/201516.8.2. Agent Name Telephone Number Coder Coro•cty Administrative Services Division Purchasing Attachment 8: Reference Questionnaire Solicitation: #14-6237 CEI Services for Immokalee Stormwater Improvements—Phase II Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) (Evaluator's Company completing reference) Email: FAX: Telephone: Collier County is implementing a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again)and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Completion Date: Project Budget: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on-time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final 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 RFP CCNA Template_01012014 RFP_CCNATemplate 38 Packet Page-790- 1/13/2015 16.B.2. Please FAX this completed survey to: By toterC y Administative services Division Purchasing Attachment 9 Section 3 Clause A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing andUrban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. RFP CCNA Template_01012014 RFP_CCNATemplate 39 Packet Page-791- 1/13/2015 16.B.2. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). RFP CCNA Template_01012014 RFP_CCNATemplate 40 Packet Page-792- • 1/13/2015 16.B.2. C.,Per County Administrative Services Division Purchasing Attachment 9 Continued Affidavit and Certification for Claiming Status as a Section 3 Business for Formal Solicitations Solicitation#12-5863—CEI Services for Immokalee Downtown Stormwater Improvements This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low- and very-low income persons. A Section 3 business concern is defined as follows: 1. That is 51% or more owned by Section 3 residents; or 2. Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents,or within three years of the date of first employment with the business concern were Section 3 residents; or 3. That provides evidence of a commitment to subcontract in excess of 25% of the dollar award of all subcontracts tobe awarded to business concerns that meet the qualifications set forth in section one or two above.ln conformance with Section 3 federal regulations (24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts, to the greatest extent feasible, to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern is aSection 3 business concern as described above. Vendor Name: Date: Address: Signature: Title: STATE OF FLORIDA COLLIER COUNTY LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of , 20 My Commission Expires: Notary Public (AFFIX OFFICIAL SEAL) RFP CCNA Template_01012014 RFP_CCNATemplate 41 Packet Page-793- 1/13/2015 16.B.2. Cortrer County Email: scottjohnson @colliergov.net Telephone: (239) 252-8995 Adninistraiue Services Division FAX: (239) 252-6588 Purchasing Addendum 1 Date: April 18, 2014 From: Scott D. Johnson Procurement Manager—Acquisition Section To: Interested Bidders Subject: Addendum # 1 Solicitation #and Title 14-6237 CEI Services Immokalee Ave The following change is made to the above mentioned Collier County solicitation: • New Proposal Closing Date May 9, 2014 If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brad Muckel Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) Packet Page-794- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG The supplemental conditions. contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be forwarded to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractors is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Check Box (If Applicable) ® 1. _ Termination (Cause and Convenience) 2. Access to Records 3. Retention of Records 4. Remedies • 5. Environmental Compliance (Clean Air Act and Clean Water Act) ® 6. Energy Efficiency ® 7. _ Special Equal Opportunity Provisions • 8. Section 3 • 9. Conflict of Interest ® 10. Utilization of Minority and Women's Businesses 12. Guidance to Contractor for Compliance With Labor Standard Provisions 13. Lobbying Prohibition • 14. Debarment (EPLS) 15. Historic Preservation • 16. Record Keeping and Documentation ▪ 17. Grantee Recognition (Advertisement) ® 18. Copyright and Patent Rights • 19. Religious Organizations 3/5/2013 Revision 2 1 Packet Page -795- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG .-. 1.TERMINIATION FOR CAUSE AND/OR CONVENIENCE A. This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. B. This contract may be terminated in whole or in part in writing by the local government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 1(a)above. C. If termination for default is effected by the local government, an equitable adjustment in the price for this contract shall be made,but (I) no amount shall be allowed for anticipated profit on unperformed services or other work,and (2) any payment due to the contractor at the time of termination may be adjusted to cover any additional costs to the local government because of the contractor's default. If termination for convenience is effected by the local government, the equitable adjustment shall include a reasonable profit for services or other work performed for which profit has not already been included in an invoice. For any termination, the equitable adjustment shall provide for payment to the contractor for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the contractor relating to commitments (e.g., suppliers, subcontractors)which had become firm prior to receipt of the notice of intent to terminate. D. Upon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the local government all data, drawings, reports specifications, summaries and other such information, as may have been accumulated by the contractor in performing this contract, whether completed or in process.The work and may award another party a contract to complete the work described in this contract. E. If, after termination for failure of the contractor to fulfill contractual obligations, it is determined that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the local government. In such event, adjustment of the contract price shall be made as provided in paragraph(c)above. 2. ACCESS TO RECORDS The local government, the Florida Department of Economic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. 3. RETENTION OF RECORDS The contractor shall retain all records relating to this contract for six years after the local government makes final payment and all other pending matters are closed. 4. REMEDIES Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. 10/1/2012-(2) 2 Packet Page-796- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG 5. ENVIRONMENTAL COMPLIANCE If t h i s contract exceeds $100,000, the contractor s ha I I comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The contractor shall include this clause in any subcontracts over$100,000. 6. ENERGY EFFICIENCY The contractor shall comply with any mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Public Law 94-163). 7. SPECIAL EQUAL OPPORTUNITY PROVISIONS A.Activities and Contracts Not Subject to Executive Order 11246, as Amended (Applicable to Federally assisted construction contracts and related subcontracts$10,000 and under.) During the performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be considered without regard to race, color, religion, sex or national origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts. ,..1 B. Executive Order 11246 (contracts/subcontracts above$10,000) (1) Section 202 Equal Opportunity Clause During the performance of this contract, the contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for em ployment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or worker's representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the Rules, Regulations, and Relevant Orders of the Secretary of Labor. 10/1/2012-(2) 3 Packet Page-797- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and other. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the Provisions of the sentence immediately preceding Paragraph (a) and the provisions of Paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sections of noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such States. (2) Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). (Applicable to contracts/subcontracts exceeding$10,000.) (a) The Offerer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications"set forth herein. (b) The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows: Female participation:6.9%(statewide) Minority participation(See Appendix Minority Participation Goals for goals for each county) These goals are applicable to all Contractor's construction work (whether or not it is federally- assisted) performed in the covered area. If the Contractor performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is actually performed.With regard to this second area, the Contractor also is subject to the goals for both its Federally involved and non-Federally involved construction. The Contractor's c o m p l i a n c e with Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3 (a), and its efforts to meet the goals established or the geographic area where the contract resulting from his solicitation is to be performed. The hours of minority and female employment or training must be substantially uniform throughout the length of the contract and in each trade the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 10/1/2012-(2) 4 Packet Page-798- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG (d) As used in this Notice, and in the contract resulting from the solicitation, the "covered area" is the county in which the contract work is being undertaken. (3)Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246). (a)As used in these specifications: 1. "Covered area" means the geographical area described in the solicitation from which this contract resulted; 2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; 3. "Employer identification number" means the Federal Social Security number used on the Employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. 4. "Minority"includes: (I) Black (all persons having origins in any of the Black African racial groups); (II) Asian and Pacific Islander(all persons having origins in any o f the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Island);and (III) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (4) Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. (5) If the Contractor is participating (pursuant to 41CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors toward a goal in an approved Plan does not execute any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. (6) The Contractor shall implement the specific affirmative action standards provided in paragraphs (9) (a) through (p). of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing contracts in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may b e obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (7) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated 10/1/201 2-(2) 5 Packet Page -799- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG pursuant thereto. (8) In order for the nonworking training hours of apprentices and trainees to be counted in meeting goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (9) The Contractor shall t a k e s p e c if i c affirm at i v e actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensively as the following: (a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites in such facilities. (b) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (c) Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union, or if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. (d) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. (e) Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading apprenticeship, trainee and other programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. (f) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (g) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with on- site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending,subject matter discussed, and disposition of the subject matter. 10/1/2012-(2) 6 Packet Page-800- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG (h) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, .-. specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. (i) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (j) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. (k) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR 60- 3. (I) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (m) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. (n) Ensure that all facilities and company activities are nonsegregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (o) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (p) Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (10) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (9) (a) through (p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (9) (a) through (p) of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (11) A single goal for minorities and separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). 10/1/2012-(2) 7 Packet Page -801- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG (12) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion,sex,or national origin. (13) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. (14) The Contractor shall carry out sections and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246,as amended. (15) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its effort to ensure equal employment opportunity. If the Contractor fails to comply with the requirement of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. (16) The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number where assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and location at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. (17) Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance and upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). C.Certification of Non-Segregated Facilities(over$10,000) By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/She certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is violation of the Equal Opportunity Clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work eating areas, time clocks, locker rooms, and other storage or dressing areas, transportation and housing facilities provided for employees which are in fact segregated on the basis of race, color, religion, or otherwise. He/She further agrees that (except where he/she has obtained identical certifications from proposed subcontractors prior to the award of subcontractors have submitted identical certifications for specific time periods). D.Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. �. E.Section 109 of the Housing and Community Development Act of 1974 10/1/2012-(2) 8 Packet Page-802- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG No person in the United States shall on the grounds of race, color,national original,or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. F.Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. (5) The Contractor will notify each labor union or representative of workers with which it has a collective ^ bargaining agreement or their contract understanding, that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. (6) The Contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance. G.Ace Discrimination Act of 1975 No person in the United States shall, on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program, or activity receiving Federal Financial assistance. 8. SECTION 3—COMPLIANCE IN THE PROVIISION OF TRAINING Employment and Business Opportunities (1) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. (2) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. 10/1/2012-(2) 9 Packet Page-803- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG (3) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (4) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (5) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. (6) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (7) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 9. CONFLICT OF INTEREST OF OFFICERS OR EMPLOYEES OF THE LOCAL JURISDICTION, MEMBERS OF THE LOCAL GOVERNING BODY,OR OTHER PUBLIC OFFICIALS No officer or employee of the local jurisdiction or its designees or agents, no member of the governing body, and no other public official of the locality who exercises any function or responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed. Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of interest. 10. UTILIZATION OF MINORITY AND WOMEN FIRMS(M/WBE) The contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as suppliers and/or subcontractors, as applicable. Prior to contract award, the contractor shall document efforts to utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors,as applicable. Information regarding certified M/WBE firms can be obtained from: • Florida Department of Management Services,Office of Supplier Diversity, • Florida Department of Transportation(construction services,particularly highway), • Minority Business Development Center in most major cities,and • Local government M/WBE programs in many large counties and cities. A firm recognized as an M/WBE by any of the above agencies is acceptable for the CDBG program. 10/1/2012-(2) 10 Packet Page-804- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG 11. LOBBY PROHIBITION (a) No funds or other resources received from the Department under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency," a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying." 1. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any per son who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 14. DEBARMENT Pursuant to 2 CFR 2424, all grantees are required to verify that any/all persons, contractors, consultants, businesses, sub-recipients, etc. that are conducting business with the grantee, including any city/county or the grantee itself, are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily 10/1/2012-(2) 11 Packet Page-805- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG excluded from participation in the covered transaction or in any proposal submitted in connection with the covered transaction. Verification will be checked through the ex c I u d e d p a r t i e s s y s t e m l i s t at www.sam.gov. 14. HISTORIC PRESERVATION The Contractor shall comply with the historic preservation requirements of 24 CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and with all other environmental regulatory requirements. D. Historic Preservation: The contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic reservation Procedures for Protection of Historical Properties. 15. RECORD KEEPING AND DOCUMENTATION The Recipient, its employees or agents, including all contractors, subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 1. The Contractor shall maintain all records required by the grantor. 2. All reports, plans, surveys, information, documents, maps and other data procedures developed, prepared, assembled, or completed by the Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at any time upon request by the County, HHVS or HUD. Upon completion of all work contemplated under this agreement copies of all documents and records relating to this agreement shall be surrendered to HHVS if requested. In any event the sub-recipient shall keep all documents for six (6) years after the expiration of this agreement. 17. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to the funding source. The subrecipient will include a reference to the financial support herein provided by HHVS in all publications and ^ publicity. In addition, the subrecipient will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The Contractor will mount a temporary construction sign for projects funded by HHVS. The design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The Construction sign shall comply with applicable County codes. 18. RIGHT AND PATENT RIGHTS No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The US Department of Housing and Urban Development and the grantee shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor's services. 19. RELIGIOUS OGANIZATIONS CDBG funds may not be used for religious activites or provided to primarily religions organizations. Section 24 CFR 570.200(j)specifies the limitations on CDBG funds. 10/1/2012-(2) 12 Packet Page-806- Exhibit IA Grant Provisions and Required Forms 1/13/2015 16.B.2. CBDG Appendix Minority Participation Goals These are the goals, by county, for meeting the minority participation portion of Section 7-B(2)(b) of the CDBG Supplemental Conditions.These are contractor workforce goals, not goals for subcontracting to minority and women firms. Solicitation of minority and women firms as subcontractors is a separate federal requirement which the contractor must document compliance with. Tampa-St. Petersburg Area Percentage Orlando-Daytona Beach Area Percentage Hillsborough,Pinellas, Pasco 17.9 Volusia 15.7 Charlotte,Citrus, Collier, 17.1 DeSoto, Hardee, Hernando, (all seven) Brevard 10.7 &Highlands Orange, Osceola,Seminole 15.5 Lee 15.3 Flagler, Lake, Sumter 14.9 Manatee 15.9 Miami-Fort Lauderdale Area Polk 18.0 Dade 39.5 Sarasota 10.5 Broward 15.5 Tallahassee Area Palm Beach 22.4 Leon,Wakulla 24.3 Glades, Hendry, Indian River 30.4 Calhoun, Franklin, Gadsden, 29.5 Martin, Monroe, (all seven) Jackson,Jefferson, Liberty, (all eight) &Okeechobee, &St. Lucie Madison,&Taylor Pensacola-Panama City Area Bay 14.1 Escambia,Santa Rosa 18.3 Gulf, Holmes,Okaloosa, 15.4 Walton,&Washington (all five) Jacksonville Area Alachua 20.6 Baker,Clay, Duval, 21.8 Nassau, &St. Johns (all five) Bradford, Columbia,Dixie, 22.2 Gilchrist, Hamilton, Lafayette (all 11) Levy, Marion, Putnam, Suwannee,&Union 1 0/1/201 2-(2) Packet Page-807- 20 Exhibit IA Grant Provisions and Required Forms 1/13/2015 16.B.2. CBDG State and Federal Statutes and Regulations By signature of this Agreement, the contractor hereby certifies that it will comply with the following (as applicable) federal and state requirements: 1. Community Development Block Grant Disaster 34. Flood Disaster Protection Act of 1973, P.L 92- 2. Recovery Emergency Rule 9BER09-2;The Solid Waste 234; Disposal Act,as amended by the Resource 35. Protection of Historic and Cultural Properties Conservation and Recovery Act of 1975(42 U.S.C.,s. under HUD Programs,24 C.F.R. Part 59; 6901 et.seq.); 36. Coastal Zone Management Act of 1972, P.L 3. Florida Small a n d Minority Business Act, s.288.702- 92-583; 288.714, F.S.; 37. Architectural and Construction Standards; 4. Florida Coastal Zone Protection Act,s. 161.52-161.58, 38. Architectural Barriers Act of 1968,42 U.S.C. F.S.; 4151; 5. Local Government Comprehensive Planning and Land 39. Executive Order 11296, relating to evaluation of Development Regulation Act,Ch. 163, F.S.; flood hazards; 6. Title I of the Housing and Community Development 40. Executive Order 11288. relating to prevention, 7. Act of 1974, as amended control and abatement of water pollution; 8. Treasury Circular 1075 regarding drawdown of 41. Cost-Effective Energy Conservation Standards, CDBG funds. 24 C.P.R. Part 39; 9. Sections 290.0401-290.049, F.S.; 42. Section 8 Existing Housing Quality Standards, 10. Rule Chapter 9B-43,Fla.Admin. Code.; 10. 24 C.F.R. Part 882; Department of Community Affairs Technical 43. Coastal Barrier Resource Act of 1982; Memorandums; 44. Federal Fair Labor Standards Act,29 U.S.C.,s. 11. HUD Circular Memorandums applicable to the Small 201 et.seq.; Cities CDBG Program; 45. Title VI of the Civil Rights Act of 1964 .---, 12. Single Audit Act of 1984; Non discrimination; 13. National Environmental Policy Act of 1969 and 46. Title VII of the Civil Rights Act of 1968 other provisions of law which further the purpose of this Non-discrimination in housing; Act; 47. Age Discrimination Act of 1975; 14. National Historic Preservation Act of 1966(Public 48. Executive Order 12892-Fair Housing Law89-665)as amended and Protection of Historic 49. Section 109 of the Housing and Community Properties(24C.F.R. Part 800); Development Act of 1974, Non-discrimination; 15. Preservation of Archaeological and Historical Data Act 50. Section 504 of the Rehabilitation Act of 1973 and of 1966; 24 C.F.R. Part 8; 16. Executive Order 11593-Protection and Enhancement 51. Executive Order 11063-Equal Opportunity in of Cultural Environment; Housing; 17. Reservoir Salvage Act; 52. Executive Order 11246-Non-discrimination; 18. Safe Drinking Water Act of 1974,as amended; 53. Section 3 of the Housing and Urban 19. Endangered Species Act of 1958, as amended; Development Act of 1968, as amended- 20. Executive Order 12898-Environmental Justice Employment Training of Lower Income Residents 21. Executive Order 11988 and 24 C.F.R. Part 55- and Local Business Contracting; Floodplain Management; 54. Uniform Relocation Assistance and 22. The Federal Water Pollution Control Act of 1972,as Real Property Acquisition Policies Act of amended(33 U.S.C.,s. 1251 et.seq.); 1970, P.L., 100-17, and 49 C.F.R.Part 24; 23. Executive Order 11990-Protection of Wetlands; 55. Copeland Anti-Kickback Act of 1934; Hatch Act; 24. Coastal Zone Management Act of 1968,as amended; 56. Title N Lead-Based Paint Poisoning Prevention 25. Wild and Scenic Rivers Act of 1968,as amended; Act(42 U.S.C.,s. 1251 et.seq.); 26. Clean Air Act of!977; 57. OMB Circulars A-87,A-!02,A-122,and A-!33,as 27. HUD Environmental Standards(24 C.F.R. Part 58); revised; 28. Farmland Protection Policy Act of 1981; 58. Administrative Requirements for Grants,24 29. Clean Water Act of 1977; C.F.R. Part 85; 30. Davis-Bacon W age Rate Act; 59. Section 02 of the Department of Housing and 31. Contract Work Hours and Safety Standards Act of Urban Development Reform Act of 1989 and 24 1962,40 U.S.C.s.327 et.seq.; C.F.R. Part 12. 32. The Wildlife Coordination Act of 1958,as amended; 33. Noise Abatement and Control: Departmental Policy Implementation,Responsibilities, and Standards,24 C.F.R. Part 51,Subpart B; 10/1/2012-(2) Packet Page-808- 21 Exhibit IA Grant Provisions and Required Forms 1/13/2015 16.B.2. CBDG Section 3 Clause A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic 10/1/2012-(2) Packet Page-809- 22 Exhibit IA Grant Provisions and Required Forms 1/13/2015 16.B.2. CBDG Enterprises. Parties to this contract that are subject to the provisions of Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). What is Section 3? Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that helps foster local economic development, neighborhood economic improvement, and individual self- sufficiency. The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very-low income residents in connection with projects and activities in their neighborhoods. How does Section 3 promote self-sufficiency? Section 3 is a starting point to obtain job training, employment and contracting opportunities. From this integral foundation coupled with other resources comes the opportunity for economic advancement and self-sufficiency. • Federal, state and local programs • Advocacy groups • Community and faith-based organizations How does Section 3 promote homeownership? Section 3 is a starting point to homeownership. Once a Section 3 resident has obtained employment or contracting opportunities they have begun the first step to self-sufficiency. Remember, "It doesn't have to be fields of dreams". Homeownership is achievable. For more information visit our HUD website. Who are Section 3 residents? Section 3 residents are: • Public housing residents or • Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD's income limits. Determining Income Levels • Low income is defined as 80% or below the median income of that area. • Very low income is defined as 50% or below the median income of that area. What is a Section 3 business concern? A business that: • Is 51 percent or more owned by Section 3 residents; • Employs Section 3 residents for at least 30 percent of its full-time, permanent staff; or 10/1/2012-(2) Packet Page-810- 23 Exhibit IA Grant Provisions and Required Forms 1/13/2015 16.B.2. CBDG • Provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. What programs are covered? Section 3 applies to HUD-funded Public and Indian Housing assistance for development, operating, and modernization expenditures. Section 3 also applies to certain HUD-funded Housing and Community Development projects that complete housing rehabilitation, housing construction, and other public construction. What types of economic opportunities are available under Section 3? • Job training • Employment • Contracts Any employment resulting from these expenditures, including administration, management, clerical support, and construction, is subject to compliance with Section 3. Examples of Opportunities include: • Accounting • Iron Works • Architecture • Janitorial • Appliance repair • Landscaping • Bookkeeping • Machine Operation • Bricklaying • Manufacturing • Carpentry • Marketing • Carpet Installation • Painting • Catering • Payroll Photography • Cement/Masonry • Plastering • Computer/Information • Plumbing • Demolition • Printing Purchasing • Drywall • Research • Elevator Construction • Surveying • Engineering • Tile setting • Fencing • Transportation • Florists •Word processing • Heating Who will award the economic opportunities? Recipients of HUD financial assistance will award the economic opportunities. They and their contractors and subcontractors are required to provide, to the greatest extent feasible, economic opportunities consistent with existing Federal, State, and local laws and regulations. Who receives priority under Section 3? For training and employment: • Persons in public and assisted housing • Persons in the area where the HUD financial assistance is spent • Participants in HUD Youthbuild programs • Homeless persons 10/1/2012-(2) Packet Page-811- 24 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG For contracting: Businesses that meet the definition of a Section 3 business concern How can businesses find Section 3 residents to work for them? Businesses can recruit Section 3 residents in public housing developments and in the neighborhoods where the HUD assistance is being spent. Effective ways of informing residents about available training and job opportunities are: • Contacting resident organizations, local community development and employment agencies • Distributing flyers • Posting signs • Placing ads in local newspapers Are recipients, contractors, and subcontractors required to provide long-term employment opportunities, not simply seasonal or temporary employment? Recipients are required, to the greatest extent feasible, to provide all types of employment opportunities to low and very low-income persons, including permanent employment and long-term jobs. Recipients and contractors are encouraged to have Section 3 residents make up at least 30 percent of their permanent, full-time staff. A Section 3 resident who has been employed for 3 years may no longer be counted towards meeting the 30 percent requirement. This encourages recipients to continue hiring Section 3 residents when employment opportunities are available. What if it appears an entity is not complying with Section 3? There is a complaint process. Section 3 residents, businesses, or a representative for either may file a complaint if it seems a recipient is violating Section 3 requirements are being on a HUD-funded project. Will HUD require compliance? Yes. HUD monitors the performance of contractors, reviews annual reports from recipients, and investigates complaints. HUD also examines employment and contract records for evidence that recipients are training and employing Section 3 residents and awarding contracts to Section 3 businesses. How can Section 3 residents or Section 3 business concerns allege Section 3 violations? You can file a written complaint with your local HUD Field Office. A written complaint should contain: • Name and address of the person filing the complaint • Name and address of subject of complaint (HUD recipient, contractor or subcontractor) • Description of acts or omissions in alleged violation of Section 3 • Statement of corrective action sought i.e. training, employment or contracts 10w2012-(2) 25 Packet Page-812- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG CERTIFICATIONS AND FORMS THE FOLLOWING DOCUMENTS NEED TO BE RETURNED WITH SOLICIATION DOCUMENTS BY DEADLINE TO BE CONSIDERED RESPONSIVE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions 2. Affidavit for and Certification for Claiming Status as a Section 3 Business 3. General Grant Clauses 4. Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) 5. Conflict of Interest Affidavit 6. Certification for a Drug Free Workplace 7. Disclosure of Lobbying Activities 8. Collier Bid Opportunity List 9. Collier Sublet List 10/1/2012-(2) 26 Packet Page-8;3- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Certification Regarding Debarment, Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Name Project Name Title Project Number Firm Tax ID Number Street Address DUNS Number City, State, Zip 10/1/2012-(2) • 27 Packet Page -814- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Affidavit for and Certification for Claiming Status as a Section 3 Business A Section 3 "Right to Match" preference shall be afforded to enhance the opportunities and ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance funding shall, to the greatest extent feasible, and consistent with existing Federal, State, and local law and regulations, be directed to low- and very-low income persons and to business concerns which provide economic opportunities to low- and very-low income persons of local businesses to receive awards of Collier County contracts. A "Section 3 Business" is defined as a business that provides evidence of their Section 3 certification at the time the bid is offered to the County; evidence shall not be provided after the bid closing time. When a qualified and responsive, non-Section 3 business submits the lowest price bid, and the bid submitted by one or more qualified and responsive Section 3 Business is within ten percent (10%) of the price submitted by the non-Section 3 business, then the Section 3 Business with the apparent lowest bid offer(i.e. the lowest Section 3 bidder)shall have the opportunity to submit, an offer to match the price(s) offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-Section 3 bidder and the lowest Section 3 bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest bidder meets the requirements of Section 287.087 F.S. If the lowest Section 3 bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest Section 3 bidder to submit a matching offer to the Purchasing Department which shall be submitted within five (5) business days thereafter. If the lowest Section 3 bidder submits an offer that fully matches the lowest bid from the lowest non-Section 3 bidder tendered previously, then award shall be made to the Section3 bidder. If the lowest Section 3 bidder declines or is unable to match the lowest non- Section 3 bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest Section 3 bidder does not meet the requirement of Section 287.87 F.S. and the lowest non-Section 3 bidder does, award will be made to the bidder that meets the requirements of the reference state law. Bidder must complete and submit with their bid response the Affidavit and Certification for Claiming Status as a Section 3 Business which is included as part of this solicitation and their current Section 3 certification. Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude said Bidder from being considered for Section 3 preference on this solicitation. A Bidder who misrepresents the Section 3 Preference status of its firm in a bid submitted to the County will lose the privilege to claim Section 3 Preference status for a period of up to one (1) year. If necessary, the contracting agency may conduct discussions with qualified and responsive bidders determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and verify qualifications and responsiveness to solicitation requirements. 10/1/2012-(2) 28 Packet Page-815- 1/13/201516.8.2. Exhibit IA Grant Provisions and Required Forms CBDG This project is subject to the provisions of Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701 u). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD Housing and/or Community Development Assistance shall,to the greatest extent feasible,and consistent with existing Federal,State,and local law and regulations,be directed to low-and very-low income persons and to business concerns which provide economic opportunities to low-and very-low income persons. A Section 3 business concerned is defined as follows: 1. That is 51 percent or more owned by Section 3 residents;or 2. Whose permanent,full-time employees include persons,at least 30 percent of whom are currently Section 3 residents,or within three years of the date of first employment with the business concern were Section 3 residents;or 3. That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in section one or two above. In conformance with Section 3 federal regulations(24 CFR Part 135), Collier County shall direct efforts to award Section 3 covered contracts,to the greatest extent feasible,to Section 3 business concerns in the order of priority listed below: 1. Category 1 businesses: Section 3 business concerns that provide economic opportunities for Section 3 residents in the service area or neighborhood in which the Section 3 covered project is located; 2. Category 2 businesses: Applicants(as this term is defined in 42 U.S.C. 12899)selected to carry out HUD HOUSING AND/OR COMMUNITY DEVELOPMENT ASSISTANCE Youthbuild programs; 3. Category 3 businesses: Other Section 3 business concerns. A business concern seeking to qualify for a Section 3 contracting preference shall certify that the business concern �-. is a Section 3 business concern as described above. Vendor Name Date Address Signature Title STATE OF FLORIDA 7 COLLIER COUNTY n LEE COUNTY Sworn to and Subscribed Before Me, a Notary Public, for the above State and County, on this Day of • 20 My Commission Expires: Notary Public (AFFIX SEAL) 10/1/2012-(2) 29 Packet Page-816- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name Date Authorized Signature Address Solicitation Contract# 10w2012-(2) 30 Packet Page-817- 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Acknowledgement of Religious Organization Requirements 24 CFR 570.200(j) In accordance with the First Amendment of the United States Constitution"church/state principles,"Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling,conduct no religious worship or services, engage in no religious proselytizing,and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations;and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms, only a minor portion of the CDBG/NSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. (Company) (Signature) (Date) (Print Name) 10/1/2012-(2) 31 Packet Page-818- 1/13/2015 1:6.8.2. Exhibit IA Grant Provisions and Required Forms CBDG Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Vendor Name Date Address Signature Title State of County of SUBSCRIBED AND SWORN to before me this day of 20 , by , who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires Notary Public (AFFIX SEAL) 10/1/2012-(2) 32 Packet Page-819- 1/13/2015 16.B.2. COLLIER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT DBE/MBE/WBE Status will be verified. Unverifable statuses will require the PRIME to either pron./de a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED DBE? Y N CONSTRUCTION? Y N BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? Y N ADMINISTRATION? WBE? Y N OTHER? Y N SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DBE/MBE, PRIME IS TO COMPLETE THIS NEXT SECTION SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT DBE M/WBE NAME SPECIALTY (See Below) DOLLARAMOUNT DOLLARS DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMITTER EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY" CODE BlackAmerican BA HispanicAmerican HA Native American NA Subcont.AsianAmerican SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFP or PO/REQ) FUNDING SOURCE ACCEPTED BY: 1 DATE Packet Page-820- 1/13/2015 16.B.2. CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: _ p Between $1 -$5 million 4. Address: _ p Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number:_ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: _ ❑ Between$1 -$5 million 4. Address: _ p Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number:_ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ El Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number:_ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: Packet Page-821- 1/13/2015 16.B.2. CONSTRUCTION CONTRACTORS BID OPPORTUNITY LIST 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: _ ❑ Between $1 -$5 million 4. Address: _ ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between $1 -$5 million 4. Address: _ ❑ Between$5-$10 million 7. ❑ Subcontractor ❑ Between $10-$15 million Subconsultant More than $15 million 5. Year Firm Established: 1. Federal Tax ID Number: _ 6. ❑ DBE 8. Annual Gross Receipts 2. Firm Name:_ Non-DBE Less than $1 million 3. Phone: ❑ Between$1 -$5 million 4. Address: _ ❑ Between $5-$10 million 7. ❑ Subcontractor ❑ Between$10-$15 million Subconsultant More than $15 million 5. Year Firm Established: Packet Page-822- 1/13/2015 16.8.2. §w§ =§ 2 § {Ill 2U CZ - o ( ) ƒ , 0 QT. ( \ E L §§ § § b L. E o cc ` - § It % » /\) LLI ) / \ } ) } —I E E 3 M L e / O LL \ 0 If Z 2 I o \ } ƒ - \ \ {\ \ U ) § - f .-a 73 / 1- / / j 73 S � � a)a) CC y /}c w 2 \\ \ — .0 _ \ \\ 3Ea Ef5 k z . - 0� � C � § ro £ ( / o ) j ■ 2 ) § ) : - : } ) / f f , u 3 / , \ \ 0_ \ eeq ƒ\ \ Page -8 23 U D - 1/13 2 015 16.8.2. e • < \ t I- s 0 0 \ .0 ` E \ 2 77 ƒ I � / 22 \ 2 V m t4 � _ - j & a \ 3 \ t [j \ \ / 7 / i . y } ) / < a. 0_ : : g e tB § a \ 0 \ \ ± u200 0 ro cc { / E e , 0 / \ / ) \ ¥ ( U / C, I- / 0 \ u \ \ cc 7 t . / [ \ \ 0.z 7 0 • \ � \ � L ® a } U 5 \ \ / \ 0 } \ \ u \ \ 3 q 3 0 oz co ® � # 2 w u , / � r - a In t 0 o E tt cm. E 7 / 3- / ) \ \ § _ L - / \ a) § - z 2 u z o ' \ b / [ & \ ) k L 2 7 2 ® + E CC \ a LU ° a \ \ } S 6 J k \ u / / ° O Z & > > - = ; � 2 U k e » © 20 2 q CU / - _ \ \ ° \ _ o t s _ 7 § ) I- 0 \ � 2a $ \ / \ / % a r\ E E E @ } ® £ CZ \ ) \ \ \? 0 / / \ <\ / ( 2 < / / /\ ) - - ° \ > < Si / ® « y : � 0 0 } \ /\ C1 Q f \ \ ! \ { ( \ / ryo < ® 6 � E < ± ± % c _ ` c \ o \ 0 \ $ % a / { CC LU 0 0 E - GO / < < < / , ) ® \ o \ / / \ / � \ \ U Z 2 0 0 ¥ : _ : E0 = B ° a ' C \ t0 \ \ ! / / ) • / _ \ �_ a ) \ / \ 0 G S • ® : ° • 2 E ' .s ¥ 0 co CV / // _ E ( O 0 00 \ 7 co 7 § \ 2 + { \ % Z \ / / E > a) = o } \ \ 3 § CO \ \ 2 / / f / — Packet Page -824- 1/13/2015 16.B.2. SCHEDULE H Consultant's Grant Documents (following this page) Schedule H Packet Page -825- 1/13/2015 16.B.2. a � � cort Adrnoistrative Services Drown purctlasina Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED.Please read carefully,sign in the spaces indicated and m■ return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: CD n The Proposal has been signed. Q All applicable forms have been signed and included,along with licenses to complete the requirements of the project. 0 ® Any addenda have been signed and included. d The mailing envelope has been addressed to: a Collier County Government (l) Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Scott D_Johnson, Interim Acquisition Manager CCNA Solicitation: #14-6237 CEI Services for Immokalee Stormwater improvements —Phase II p The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. p The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER-DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: AMEC Environment&Infrastructure,Inc. Address: 3400 Radio Road,Suite 281 _ City, State,Zip: Naples,Florida 34104 Telephone: 239,643.4747 Email: nestor.femandez a?amec.corn Representative Signature: ' Representative Name: Walter Reigner,PE,CPESC Date May 9,2014 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9. 2014 Stormwater Improvements - Phase II Packet Page-826- l ` 1/13/2015 16.B.2. Colter County Pu > Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents)certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise)which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents) agrees to immediately notify in writing the Procurement Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Firm: AMEC Environment&Infrastructure,Inc. 7 /: 2/ Signature and Date: /,‘'T Print Name Walter Reigner,PE,CPESC Title of Signatory Area Manager State of Florida County of Polk SUBSCRIBED AND SWORN to before me this 9 day of May 20 14 by Walter Reigner, PE,CPESC , who is personally known to me to be the Area Manager for the Firm, OR who produced the following identification Notary Public asaaa ., as i �r<f vr •� NATIIYR1A N RIVE RA My Commission Expires ')S 1 Qk 1 ='«` «"'. Notary Public-State of Florida My Comm.Expires May 1.2015 Commission# EE 89186 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-827- 1/13/2015 16.B.2. co*. Admen:statue Services Divisicri Purchastng Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation:#14-6237 CEI Services for lmmokalee Stormwater Improvements—Phase It Dear Commissioners: The undersigned, as Consultant declares that this proposal is made without connection or arrangement with any other person and this proposal is in every respect fair and made in good faith, without collusion or fraud. The Consultant agrees, if this proposal is accepted, to execute a Collier County document for the purpose of establishing a formal contractual relationship between the firm and Collier County, for the performance of all requirements to which the proposal pertains. The Consultant states that the proposal is based upon the proposal documents listed by the above referenced CCNA Solicitation. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 9 day of May 20014 in the County of Polk , in the State of Florida - Firm's Legal Name: Atv1EC Environment&Infrastructure.Inc. Address: 3400 Radio Road,Suite 281 City, State,Zip Code: Naples,Florida 34104 Florida Certificate of F00000004389 Authority Document Number 91-1641772 Federal Tax Identification Number CCR # or CAGE 1U1W9 Code Telephone. 239.643 4747 FAX: 239.643.4750 Signature by: `'( {jt' Walter Reigner, PE,CPESC (Typed and written) Title: Area Manager Collier County Required Forms RFQ No. 14-6237 CEI Services for the lmmokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-828- 1/13/2015 16.B.2. Additional Contact Information Send payments to: AMEC Environment&Infrastructure, Inc. (required if different from above) Company name used as payee Contact name: Luz Rodriguez • Title: Accounts Payable Address: 24376 Network Place City, State,ZIP Chicago,IL 60673-1376 Telephone: 212.552.5778 FAX: N/A Email: Ar.aee @amec.com Office servicing Collier Naples, Florida County to place orders (required if different from above) Contact name: Nestor Femandez Title: Naples Office Branch Manager Address: 3400 Radio Road, Suite 281 City, State,ZIP Naples, Florida 34104 Telephone: 239.643.4747 Email: nestor.fernandez @amec.com Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-829- 1/13/2015 16.B.2. 1 Coffer Carey Acirrritstrative S ervoin Attachment 5: tmmigration.Affidavit Certification CCNA Solicitation:#14-6237 CEI Services for lmmokalee Stormwater improvements—Phase II 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 I 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 AMEC Environment&Infrastructure,Inc. Print Name Walter Reigner, PE,CPESC Title Area Manager i j May 9,2014 Signaturet :.- Date State of Florida County of Polk The foregoing instrument was signed and acknowledged before me this 9 day of May 20 r4 , by Walter Reigner, PE,CPESC whe-i s-pr.-9444eeel .\L '-,rt „r-, Iberleas identification. (Print or Type Name (Type of Identification and Number) Note Publ Signature ttittl ll, KATHYRIA N RIVERA I/ — (Ca t Notary Public•Stale of Florida Printed Name of Notary Public ''` + - �� G- My Comm Expires May 1,2015 '�C C \ 05\01\ a01 ,; ,,;:' Commission #EE 99186 k 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. Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page -830- 1/13/2015 16.B.2. Company ID Number: 44372 THE E 'ERI.FY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration(SSA), the Department of Homeland Security (DHS) and AMEC Earth & Environmental, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E-Verify). E-Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form I-9)has been completed. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended(8 U.S.C. § 1324a note). ARTICLE II FUNCTIONS TO BE PERFORMED /-� A. RESPONSIBILITIES OF THE SSA 1 1. Upon completion of the Form I-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E-Verify process. 3. The SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E-Verify program or such other persons or entities who may be authorized by the SSA as governed by the Privacy Act(5 U.S.C. § 552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-831- 1/13/201516.B.2. n Company ID Number: 44372 5. SSA agrees to establish a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary.In such cases,SSA will provide additional verification instructions. B. RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY 1. Upon completion of the Form I-9 by the employee and the Employer and after SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct: • Automated verification checks on newly hired alien employees by electronic means,and • Photo verification checks(when available)on newly hired alien employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E-Verify program. DHS agrees to provide the Employer names,titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. /—*\ 3. DHS agrees to provide to the Employer a manual (the E-Verify Manual) containing instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E-Verify.. DHS agrees to provide training materials on E-Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E-Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices(OSC), Civil Rights Division,and U.S.Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act and federal criminal laws,and to ensure accurate wage reports to the SSA. 7. DHS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. t\ Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page -832- May 9, 2014 Stormwater Improvements - Phase II vii 1/13/2015 16.B.2. Company ID Number: 44372 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E-Verify. 3. The Employer agrees to become familiar with and comply with the E-Verify Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E-Verify Tutorial before that individual initiates any queries. A. The employer agrees that all employer representatives will take the refresher tutorials initiated by the E-Verify program as a condition of continued use of E- Verify. B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: • If an employee presents a "List B" identity document,the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2 (b) (1)(B))can be presented during the Form I-9 process to establish identity). • If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form 1-766 (Employment Authorization Document) to complete the Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non-matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form I-9. DHS may in the future designate other documents that activate the photo screening tool. 6. The Employer understands that participation in E-Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-833- May 9, 2014 a Stormwater Improvements - Phase II g viii 1/13/2015 16.B.2. /'■ Company ID Number: 44372 rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E-Verify ; (3)the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfinnation, and is subject to a civil money penalty between $500 and $1,000 for each failure to notify DHS of continued employment following a final nonconfirmation; (4)the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(l)(A) if the Employer continues to employ any employee after receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable under any law for any action taken in good faith on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E-Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E-Verify verification procedures within 3 Employer business days after each employee has been hired(but after both sections 1 and 2 of the Form 1-9 have been completed),and to complete as many(but only as many)steps of the E-Verify process as are necessary according to the E-Verify Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith,to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the the SSA verification response has been given. 8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E-Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E-Verify procedures for re- verification, or for employees hired before the date this MOU is in effect. The Employer understands that if the Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and the immediate termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is required to take affirmative steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1 (1))that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation,or the finding of /—\ Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page 834 ix 1/13/2015 16.B.2. Company ID Number: 44372 a photo non-match, does not mean, and should not be interpreted as, an indication that the employee is not work authorized.In any of the cases listed above,the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued.if the employee does not choose to contest a tentative nonconfirmation or a photo non-match, then the Employer can find the employee is not work authorized and take the appropriate action. 11. The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E-Verify, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration-related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and the termination of its participation in E- Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-7688 or 1-800-237-2515(TDD). 12. The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 13. The Employer agrees that it will use the information it receives from the SSA or DHS pursuant to E-Verify and this MOU only to confirm the employment eligibility of newly-hired employees after completion of the Form I-9. The Employer agrees that it will safeguard this information, and means of access to it(such as PINS and passwords)to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a (i) (1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E-Verify -related records, i.e., Forms I-9, SSA Transaction Records, and DHS verification records, which were created during the Employer's participation in the E-Verify Program. In addition, for the purpose of evaluating E-Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E-Verify,to interview employees hired during E-Verify use concerning their experience with the pilot, and to make employment and E-Verify related records available to DHS and the SSA,or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E-Verify. Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokaiee Packet Page 835- May 9, 2014 a Stormwater Improvements - Phase II g x 1/13/2015 16.B.2. Company ID Number: 44372 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO THE SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E-Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO THE DEPARTMENT OF HOMELAND SECURITY 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non-match for an alien who provides a document for which the automated system has transmitted a photo, the employer must print the photo non-match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page -836- xi 1/13/2015 16.B.2. Company ID Number: 44372 the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non-match,the Employer will send a copy of the employee's Form I-551 or Form I- 766 to DHS for review by: • Scanning and uploading the document,or • Sending a photocopy of the document by an express mail account(furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non-match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading,or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non-match. ARTICLE IV SERVICE PROVISIONS The SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E-Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E-Verify program by DHS or SSA, including but not limited to the E-Verify checking against additional data sources and instituting new verification. procedures,will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify manual. Even Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page 837 May 9, 2014 a - Stormwater Improvements - Phase II g xii 1/13/2015 16.B.2. n Company ID Number: 44372 without changes to E-Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or OHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies,officers,or employees,or against the Employer, its agents,officers, or employees. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. The employer understands that the fact of its participation in E-Verify is not confidential •"■, information and may be disclosed as authorized or required by law and OHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, and responses to inquiries under the Freedom of Information Act(FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. To be accepted as a participant in E-Verify,you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify Operations at 888-4b4- 4218. Employer AMEC Earth& Environmental, Inc. Walter Reigner,PE,CPESC Area Manager Name(Phase type or print) Title �j rI � Ma y9,g,2014 'Signature Date Department of Homeland Security Verification Division Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-838- May 9. 2014 xua Stormwater Improvements - Phase II 1/13/2015 16.B.2. 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 AMEC Environment&Infrastructure, Inc. (as shown on income tax return) Business Name (if different from taxpayer name) Address 1105 Lakewood Parkway,Suite 300 City Alpharetta State Georgia Zip 30009 Telephone 770.360.0600 FAX 770.360.0540 Email N/A Order Information Remit f Payment Information Address 3400 Radio Road,Suite 281 Address 24376 Network Place City Naples State Florida Zip 34104 City Chicago State Illinois Zip 60673-1376 FAX 239.643.4750 FAX N/A Email nestor.femandez @amec.com Email Ar.aee@amec.com 2. Company Status (check only one) _individual I Sole Proprietor X 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) 91-1641772 (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the I contract.) 4. Sign and Date Form: Certification: Under penalties of perjury. 1 certify that the information shown on this form is correct to my knowledge. ,, f} / - Signature — Walter Reigner,PE.CPESC Date May 9,2014 • Title Area Manager Phone Number 863.667.2345 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page -839- May 9, 2014 2 - - Stormwater Improvements - Phase II g xiv 1/13/2015 16.B.2. • yr it Doi* ty Adrninisiralivv Services Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $ single limit per occurrence 3. ® 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 ContractorNendor/Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees and paralegals'fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $500.000 Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence El Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ❑ Professional Liability $ per claim and in Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-840- May 9, 2014 xv Stormwater Improvements - Phase II 1/13/2015 16.B.2. the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability S Per Occurrence ❑Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal,All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however, the surety shall be rated as"A=or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders'surplus,all as reported in the most current Best Key Rating Guide, published by A.M.Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. I 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. El 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. 1.1. ® Thirty(30)Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this solicitation. Name of Firm AMEC nvironment,&Infrastructure,Inc. Date May 9.2014 f Consultant Signature ( Print Name Walter Reigner,PE,CPESC Insurance Agency Aon Risk Services Northeast, Inc, Agent Name Matthew Selander Telephone Number 973.463.6081 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-841- May 9, 2014 Stormwater Improvements - Phase II g xvi 1/13/2015 16.B.2. Co Ter County Email: scottjohnson @colliergov.net Telephone: (239) 252-8995 AdmiNstrabve Services Division FAX: (239) 252-6588 Purchasing Addendum 1 Date: April 18, 2014 From: Scott D. Johnson Procurement Manager—Acquisition Section To: Interested Bidders Subject: Addendum # 1 Solicitation # and Title 14-6237 CEI Services Immokalee Ave The following change is made to the above mentioned Collier County solicitation: • New Proposal Closing Date May 9, 2014 If you require additional information please post a question on the Online Bidding site or contact me at the information noted above. C: Brad Muckel Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. f /!// ,. ' _.___ Walter Reigner, PE,CPESC May 9,2014 (Signature) Date AMEC Environment&Infrastructure,Inc. (Name of Firm) Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-842- xvii 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Certification Regarding Debarment,Suspension, and Other Responsibility Matters Primary Covered Transactions (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. r ! r /., '' 1�'` --------- ` CEI Services for the Immokalee Stormwater Improvements-Phase II Walter Reig'ner,PE,CPESC Name Project Name Area Manager REP 14-6237 Title Project Number AMEC Environment&Infrastructure,Inc. 91-1641772 Firm Tax ID Number 3400 Radio Road,Suite 281 00-964-3354 Street Address DUNS Number Naples,Florida 34104 City, State, Zip Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-843- May 9, 2014" Stormwater Improvements - Phase II g 1/13/201516.8.2. Exhibit IA Grant Provisions and Required Forms CBDG General Grant Clauses On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name AMEG Environment&Infrastructure,Inc. Date May 9,2014 ' Walter Reiner,PE,CPESC Authorized Signature / ; /1 Reigner, 3400 Radio Road,Suite 281,Naples, Florida 34104 CEI Services for the Immokalee Stormwater Solicitation Improvements-Phase II Contract# RFP 14-6237 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page -$44- xix 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Acknowledgement of Religious Organization Requirements 24 CPR 570.200(j) In accordance with the First Amendment of the United States Constitution"church/state principles,"Community Development Block Grant CDBG/NSP assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG/NSP funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3. It will provide no religious instruction or counseling,conduct no religious worship or services, engage in no religious proselytizing,and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols or decorations:and 5. The funds received under this agreement shall be use to construct, rehabilitate or restore any facility, which is owned by the provider and in which the public services are to be provided, However, minor repairs may be made if such repairs are directly related to the public services located in a structure used exclusively for non-religious purposes and constitute in dollar terms,only a minor portion of the CDBGINSP expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. AMEC Environment&Infrastructure, Inc. (CompartY) t ,r ar May 9,2014 (Signature) (Date) Walter Reigner,PE.CPESC (Print Name) Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee Packet Page-845- May 9, 2014 xx Stormwater Improvements - Phase II g 1/13/2015 16.B.2. Exhibit IA Grant Provisions and Required Forms CBDG Conflict of Interest Affidavit By the signature below, the firm (employees, officers and/or agents)certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity(financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and/or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and/or agents)agrees to immediately notify in writing the Purchasing/General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and/or project duration. Vendor Name AMEC Environment&Infrastructure,Inc. Date May 9,2014 Address 3400 Radio Road,Suite 281, Naples, Florida 34104 Signature/ f'7,t',f 1 Walter Reigner,PE,CPESC Title Area Manager State of Florida County of Polk SUBSCRIBED AND SWORN to before me this 9 day of May 20 14 , byWalter Reigner, who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires o5\o !t5 k Notary Public ‘11--No-4,i1/4.14.-.-,a.' ,c� ,u 2x' - - as — a _ AIL +"" KATHYRIA N,RIVERA `.^ Notary Public-Slate of Florida (AFFIX SEAL) 'tr My Comm. Expires May 1,2015 • ,t7.'•.„ „y rx Cz� 0+4 Commission #EE$91$6 Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-846- xxi 1/13/2015 16.B.2. COLLIER COUNTY ANTICIPATED DBE OR M/WBE PARTICIPATION STATEMENT DBE/MBE/WBE Status will be verified. Unverifable statuses will require the PRIME to either proivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUNT AMEC Environment&Infrastructure, Inc. 91-1641772 Approximately$20,000 IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? (DBE/MBE/WBE) OR HAVE A SMALL DISADVANTAGED DBE? Y N CONSTRUCTION? O N BUSINESS 8A CERTIFICATION FROM THE SMALL BUSINESS MBE? Y N CONSULTATION? YO N ADMINISTRATION? WBE? Y N OTHER? Y NO SDB 8A? Y N IS THIS SUBMISSION A REVISION? Y N IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS DBE/MBE,PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITYCODE SUB/SUPPLIER PERCENT OF CONTRACT NAME SPECIALTY (See Below) DOLLARAMOUNT DOLLARS DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE DBE M/WBE TOTALS: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAMEOFSUBMITTER DATE TITLEOFSUBMITTER Jose R. Perez.AIA, LEED AP, CGC May 9, 2014 Miami Lakes Office Manager/Principal-in-Charge EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER jose.r.perez @amec.com 305.826.5588 ext 203 305.826.1799 NOTE:This information is used to track and report anticipated DBE or MBE participation in federally-funded contracts.The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms.This form must be submitted at time of response to a solicitation. If and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE BlackAmerican BA HispanicAmerican HA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not cf any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COLLIER CONTRACT#(IFB/RFPorPO/REQ) FUNDING SOURCE ACCEPTED BY: I DATE Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page 847 xxii 1/13/2015 16.6.2. State of Florida Department of State I certify from the records of this office that AMEC ENVIRONMENT& INFRASTRUCTURE,INC.is a Nevada corporation authorized to transact business in the State of Florida,qualified on August 3,2000. The document number of this corporation is F00000004389. I further certify that said corporation has paid all fees due this office through December 31,2014,that its most recent annual report/uniform business report was filed on January 16,2014,and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital.this the Sixteenth day of January,2014 p : : ..:-.;,-.14-,r;7}:.- 16ex atirr% : Secretary of State Authentication ID:CC4759816059 To authenticate this certiricate,visit the following site.enter this ID,and then follow the instructions displayed. https://eIlle.sunbig.orgkertauthver.html ,�4A,,� 'J,Lp'"t, }C i_r{� f i Yjry co .,yrt.Col a A-'t 7 0.* ,7#A,Gi$.i UM : "72.9b5o .,0Y d� , * '....*,r, 1 �.'l..coul aTii.}y 1- ';;29.okl�'I • .+ 4.1. t '.--it,� 2&-2477 IX -�v,� r' .s4J r - 4 .!VISIT "iAk' ti r 4 1 1 THIS'RECEIPT EXP1R .SEP1'E1AI3ER'3I r O14, r G ` _ } ."i ' :,i It t .; Y ATPLACE:O B NESSITDI ; ECTGON„ss u,�..At10t-�.Ilo h BLVD�s �"� - P FA1LV ETKYi]a l ry WS £>�NEO '`'N `t +i ,r�Fi of .' :=;}55 TAX IS1J0N-RI E NIMBI- a tRi't7 TNFl f �w-,, x r kt �."X .a 'v"*" 't, t ENV/. t N *—.114r - '.7`,-IRE t b ylke ,,A.. b"r, ;v- t i4 F-.,. J . ;le!.ri r f EEC `4hi .mM`MteAltospKTitIJCT �,"x,'.i 'i .m .. ..� - -dh-a" 34"[ r t :� � 1105 LPiISE"aVV6[317t}PA,ft3t1A/J1Y A190�F e �». � �.it t is A�P74�RE,t730�,7gY +r' + i- 1 ',•I! bl �; A,.lY ..r i4 . o, Mao �' ,� t�, ,' k'yv, t h iyS 1 C ,7 r ga O U✓'I, ALuAT431403;ticLTANt '' " �.'' ?�Vt•91143 •9' N 1-y 9 it a1 t2aot4A.,,,t .r p,' a..s f*z ,. - .M-- E� 4f ,'' ` T�iwt �l��'��buiarlessra>ernlryTrr,sisnkr$agtr��tltcenw.>i� . -- Itdt mutpe it*t*.litenoeet Niolf a ag ry, ifllZt ,4115 114411swtifltYdfc to r e r �naaagsltaSirnptthele�;sem.frrn ayo rp�n .. aybet a"imedby Rigiv, . •' , ..-, x�..'P' ,,$ �� .,'• ,ts .,. .,,.. , e. ';, , o ,.-, fit. .r .- ;,r..., . c . Collier County Required Forms RFQ No. 14-6237 CEI Services for the Immokalee May 9, 2014 Stormwater Improvements - Phase II Packet Page-848- xxiii 1/13/2015 16.B.2. Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENT•I ECONOMIC OPPORTUNITY December 9,2014 Ms. Lisa Oien,Grants Coordinator Collier County Department of Health, Human and Veteran Services Public Services Division 3339 East Tiamiami Train Suite#211 Naples, Florida 34142 Re: Florida Community Development Block Grant(CDBG) Program Disaster Recovery Initiative(DRI)Contract Number: 12DB-P5-09-21-01-K 39 Collier County Request for Basic and Additional Engineering/Inspection(CEI)Services Dear Ms.Oien: The Department has reviewed the basic and additional Engineering/Inspection(CEI)services request along with your additional supporting documentation received for the referenced contract. The following professional service is for AMEC Environment&Infrastructure,Inc.,for the City of Immokalee Storm water and Sidewalk Improvements/Repair project located in service area#1 in Collier County. After further review of your Engineering calculation spreadsheet,it appears to be an allowable cost and is approved up to the amount listed below. Services Estimated Cost Basic Engineering Services $ 131,769.14 Detailed Engineering Onsite Inspections(Additional) $ 43,443.15 Preliminary Engineering Services(Maximum-CDBG) $ 11,040.75 Total $ 186,253.04 Invoices from any subcontractors used must be available for review during monitoring. Only the actual costs invoiced by,and paid to,these subcontractors will be allowed. If you have questions regarding this matter, please feel free to contact me at the office at(850)717-8444 or via email at adriane.burgessPdeo.myflorida.com. Please make sure to maintain all relevant documentation regarding this request and your proposed project onsite with your contract files. Sincerely, Adriane Burgess, Government Operations Consultant II AB/mhk Florida Department of Economic Opportunity I Caldwell Building 1 107 E.Madison Street I Tallahassee,FL 32399 866.FLA.2345 1 850.245.7105 1 850.9213223 Fax www.floridaiobs.org I v,ii c cnoT ;I www.faceboob.com/FLD€O An equal opportunity employer/program.Auxiliary aids and services are available upon request to individuals with disabilities.All voice telephone numbers on this document.may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. • Packet Page-849-