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Agenda 03/10/2015 Item #16C1 3/10/2015 16.C.1 . EXECUTIVE SUMMARY Recommendation to approve selection committee rankings and to enter into contract negotiations with Stantec Consulting Services, Inc., AECOM Technical Services, Inc., and Hole Montes, Inc., under Request for Proposal Number 14-6345, "Construction, Engineering, and Inspection Services for the Wastewater Basin Program," Project Numbers 70043, 70044, 70046, 70050, and 70051 and direct staff to bring the three negotiated contracts to the Board for subsequent approval. OBJECTIVE: To obtain expert professional engineering services to ensure proper and sound construction engineering and inspection of wastewater collection, water distribution and stormwater systems. The intent is to provide end results that are high quality, best value projects to serve our customers reliably, sustainably, and in full regulatory compliance. CONSIDERATIONS: The proposed scope of work under Project Numbers 70043, "Gravity Transmission System Technical Support Program;" 70044, "Force Main Transmission System Technical Support Program;" 70046, "Pump Station Technical Support Program;"70050, "Master Pump Station Technical Support Program:" and 70051, "Collections Power Systems Technical Support Program," is consistent with the Capital Improvement Program (CIP) contained in the Water, Wastewater, Irrigation Quality Water, and Bulk Potable Water User Rate Study approved by the Board of County Commissioners (Board) on June 10, 2014, as Agenda Item 11C. Funding for Project Numbers 70043, 70044, 70046, 70050 and 70051 is available in, and consistent with,the FY2015 CIP Budget. On September 11, 2014, as agenda item 11E, the Board approved Contract 11-5782 for three design contracts for the Wastewater Basin Program. The design of several projects within the three wastewater basins is complete and is now ready to be bid for construction. As part of the scope of work, Construction, Engineering, and Inspection (CEI) services may be used for projects from other disciplines including, but not limited to,the Stormwater Management and Water Departments. Qualified consultants are required to provide construction phase engineering and inspection services during construction. Request for Proposal Number 14-6345, "Construction, Engineering, and Inspection(CEI) Services for the Wastewater Basin Program" was posted November 14, 2014, with 1,458 notices available to solicitation commodity subscribers. Thirty-eight firms downloaded full document packages. Nine responsive proposals were received December 5, 2014. The selection committee met on January 20, 2015, and as described in the solicitation document, and by consensus, the committee ranked each of the proposals submitted for the three basin projects. The rankings by basin appear below. MPS 101 Basin Name of Firm Rank Stantec Consulting Services,Inc. 1 Hole Montes, Inc. (Hole Montes) 2 AECOM Technical Services,Inc. (AECOM) 3 Johnson Engineering 4 Tetra Tech,Inc. 5 AMEC 6 KCCS 7 Fieldstone Project Management 8 Packet Page -795- 3/10/2015 16.C.1 . MPS 305 Basin Name of Firm Rank AECOM Technical Services,Inc. (AECOM) 1 Stantec Consulting Services, Inc. 2 Johnson Engineering 3 Tetra Tech,Inc. 4 AMEC 5 KCCS 6 MPS 306 Basin Name of Firm Rank Hole Montes,Inc. (Hole Montes) 1 Johnson Engineering 2 Tetra Tech,Inc. 3 TKW Consulting Engineers 4 AMEC 5 KCCS 6 Stantec Consulting Services,Inc. 7 Subsequent to the selection committee meeting, Procurement Services staff members reviewed each member's scoring sheet and discovered scoring deviations and, therefore, reconvened the selection committee on January 26, 2015. At that meeting, the selection committee members were given an opportunity to review their initial score sheets and rankings and, reaffirmed by consensus, the overall rankings for each basin. Based on the reconvened selection committee's rankings, staff recommends proceeding to negotiate three fair and reasonable contracts for the work. The resultant contracts will be presented to the Board for approval. The selection committee ranking for each basin is as follows: Ranking MPS 101 Basin MPS 305 Basin MPS 306 Basin 1 Stantec AECOM Hole Montes 2 Hole Montes Stantec Johnson Engineering 3 AECOM Johnson Engineering Tetra Tech The three top-ranked firms are qualified and have extensive experience analyzing, designing and inspecting wastewater collection systems. Staff recommends approval of the short lists and will bring the negotiated contracts back to the Board for approval at a subsequent meeting. FISCAL IMPACT: There is no fiscal impact at this time. Once negotiations are completed and approved, funding is available in, and is consistent with, the FY2015 Capital Budget approved by the Board on September 18, 2014. The sources of funding are the Wastewater User Fee Fund (414), Water User Fee Fund(412)and Stormwater Fund(325). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. Packet Page-796- 3/10/2015 16.C.1 . RECOMMENDATION: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, approve the selection committee rankings and authorize entering into negotiations with Stantec Consulting Services, Inc., AECOM Technical Services, Inc., and Hole Montes,Inc.,for Request for Proposal Number 14-6345,"Construction,Engineering, and Inspection Services for the Wastewater Basin Programs,"Project Numbers 70043, 70044, 70046, 70050, 70051, and 70064 and direct staff to bring the negotiated contracts to the Board for subsequent approval. Prepared By: Craig Pajer, P.E., Principal Project Manager, Public Utilities Planning and Project Management Division Attachments: 1.Final Rankings 2.RFP 14-6345 Packet Page-797- 3/10/2015 16.C.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.1. Item Summary: Recommendation to approve selection committee rankings and to enter into contract negotiations with Stantec Consulting Services, Inc., AECOM Technical Services, Inc., and Hole Montes, Inc., under Request for Proposal Number 14-6345, "Construction, Engineering, and Inspection Services for the Wastewater Basin Program," Project Numbers 70043, 70044, 70046, 70050, and 70051 and direct staff to bring the three negotiated contracts to the Board for subsequent approval. Meeting Date: 3/10/2015 Prepared By Name: JacobsSusan Title: Operations Analyst,Wastewater 2/3/2015 8:54:54 AM Submitted by Title:Project Manager,Principal,Public Utilities Engineering Name:PajerCraig 2/3/2015 8:54:56 AM Approved By Name: HapkeMargie Title: Recycling Coordinator, Solid&Hazardous Waste Management Date: 2/3/2015 9:37:45 AM Name: ChmelikTom Title: Director-Public Utilities Engineering,Public Utilities Engineering Date: 2/5/2015 11:30:56 AM Name: JohnssenBeth Title: Director-Wastewater,Wastewater Date: 2/9/2015 9:31:24 AM Packet Page-798- 3/10/2015 16.C.1 . Name: Joseph Bellone Title:Director-Operations Support,Utilities Finance Operations Date: 2/10/2015 5:26:33 PM Name: HallSwainson Title:Procurement Specialist,Purchasing&General Services Date: 2/10/2015 8:35:54 PM Name: JohnsonScott Title: Manager-Procurement, Purchasing&General Services Date: 2/11/2015 8:33:56 AM Name: MarkiewiczJoanne Title:Director-Purchasing/General Services,Purchasing&General Services Date: 2/12/2015 7:47:16 AM Name: KurtzGerald Title:Project Manager,Principal,Transportation Road Maintenance Date: 2/13/2015 4:51:38 PM Name: HerreraSandra Title: Manager-Procurement, Purchasing&General Services Date: 2/19/2015 8:59:19 AM Name: TeachScott Title:Deputy County Attorney, County Attorney Date: 2/25/2015 10:16:26 AM Name: YilmazGeorge Title: Administrator-Public Utilities,Public Utilities Department Date: 2/26/2015 8:17:50 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/26/2015 8:33:11 AM Name: UsherSusan Title:Management/Budget Analyst, Senior,Office of Management&Budget Date: 3/3/2015 12:31:53 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2015 4:08:05 PM Packet Page-799- 3/10/2015 16.C.1 . � Selection Committee C a ler CO7'45std Final Ranking Sheet AtlrrEntsmve Sennces oMSa, RFP#:14-6345 Title:CEI Services for the Wastewater Basin Programs BASIN 101 a g 4t "06 r r + 1 d J Anthony % n-. " 4i s"l b „, + _ , . * � Na me oi t . Crli B P j e Pamea eald G � ` 'IAla Arag .R+ ns , ',#410.7,4 A . .pr L . , x � ��id � .Lby Kturt b ' , cpn ',. eak ak.a .#-.r -,, ., 4.,,,, ' ..t0: i . n:,s iv-z, w..,e r „ t f,A4" " 6a s ztAA, ., A., ,. ...,: ,. ..n,A,t,.. Stantec 1 1 5 1 4 2 14 1.0000 Hole Montes 5 4 4 2 2 1 18 2.0000 AECOM 4 3 1 3 7 4 22 3.0000 Johnson Engineering 3 5 2 5 3 5 23 4.0000 Tetra Tech 2 2 3 6 5 6 24 5.0000 Amec 8 6 7 4 1 7 33 6.0000 KCCS 7 8 6 7 8 3 39 7.0000 Fieldstone Project Management 6 7 8 8 6 8 43 8.0000 BASIN 305 f# 4 , Y � w5r;, P, ti U4 y, ..a , x xi` t'A 3a, � ; 1,4-A � 6.140 $S 1y a W-: Ya' 't:1 ' WFw 7 , t ,s� rry Anthony Pmela. rald , Claude ' 14,941;: 'd a ,,w " ,/1 ,'��� xs smio n � � g 1 Y� T de Libby i,liw� eba �'"$� era 0 Rank ^ nti., u ar ..,r" ^i � ; .�„ � . z_t,„.A �r. �. . _ "°,- , . .•AECOM 1 2 1 1 5 3 13 1.0000 Stantec 2 1 5 2 3 1 14 2.0000 Johnson Engineering 4 4 2 4 2 4 20 3.0000 Tetra Tech 3 3 3 5 4 5 23 4.0000 Amec 6 5 6 3 1 6 27 5.0000 KCCS 5 6 4 6 6 2 29 6.0000 BASIN 306 £: 4d 4 t ,:. t 1 i 1 4 t ku -4 a4 i 'r,+5`"nk� "�/ k ,t S �' t ,,s,"s', t F,„ r >r#F t `ia•�.��? 34 ,. amela Gerald, " Claude -,4 Gary � , a Final{." e.. Anthony Y a l',.,4-4',',,,,,,,,,,,,,F,11 a Avera e :1t �zk 'k ,Name of Firm ,r Cra 4vg Milden k 'Libb t `'Kui vi 1 esbitt' j McAlpin, �, g Rh E x r t°�. ys yy .v &., .•.,"g. 4mi c.,.. .,. x.v,:.. , ; r ,.nr.2..,...a ,,.,6; ,. Hole Montes 2 2 5 1 4 1 15 1.0000 Johnson Engineering 5 3 3 2 2 3 18 2.0000 Tetra Tech 4 4 1 3 3 5 20 3.0000 TKW Consulting Engineers 3 1 2 4 5 6 21 4.0000 Amec 1 7 6 7 6 2 29 5.0000 KCCS 7 5 7 5 1 7 32 6.0000 Stantec 6 6 4 6 7 4 33 7.0000 Purchasing Representative f Swainson Hall I Date ( Monday,January 26,2015 I Packet Page-800- 3/10/2015 16.C.1 . REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Co ler County Adninistrative Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs Swainson Hall, Procurement Strategist (239) 252-8935 (Telephone) (239) 252-6334 (Fax) SwainsonHall @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. ii.Ws�r Purchasing Department•3327 Tamiami Trait East•Naples.Florida 34112.4991•www,colliergov.net/purchasing CCNA(Revision 0412014) Packet Page-801- 3/10/2015 16.C.1 . Table of Contents LEGAL NOTICE 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS 16 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP 24 ATTACHMENT 1: CONSULTANT'S NON-RESPONSE STATEMENT 32 ATTACHMENT 2: CONSULTANT CHECK LIST 33 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT 34 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT 35 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION 37 ATTACHMENT 6: CONSULTANT SUBSTITUTE W—9 38 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS 39 ATTACHMENT 8: REFERENCE QUESTIONNAIRE 41 RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 2 Packet Page-802- 3/10/2015 16.C.1 . ispk- Co ler Count; Administrative' Services Division Purchasing Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs will be received until 3:00PM, Naples local time, on Friday, December 5, 2014 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs Services to be provided may include, but not be limited to the following: Construction observation, daily construction documentation, photographic record, general coordination, construction progress meetings, construction inspections, resident engineering, substantial and final completion inspections, final construction certification, general project management, monitor project records, certifications, and manage as-constructed field drawings. A non-mandatory pre-proposal conference will be held on Thursday, November 13, 2014, commencing promptly at time 11:00 AM, and will be held in the Purchasing Department Conference Room, Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net/purchasing and in the Lobby of Purchasing Building "G", Collier County Government Center on November 4, 2014. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 3 Packet Page-803- 3/10/2015 16.C.1 . Exhibit I: Scope of Work, Specifications and Response Format As requested by the Collier County Public Utilities Planning and Project Management Department (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 The construction engineering inspection (CEI) services will include, but not be limited to, construction observation, daily log and construction documentation, resident engineering, customer service log including issues and special requests from home owners, coordination with Collier County project managers and project delivery teams, photographic and video records, general coordination, construction progress meetings, construction inspections, substantial and final completion inspections, substantial and final construction certifications, review and approval of contractor's pay applications, general project management, monitor project records, certifications, and manage as- constructed field drawings. Background The purpose of this solicitation is to provide CEI inspection services to coordinate with the Public Utilities Division staff, the Collier County Growth Management Division (GMD) when applicable, for the construction of Collier County Water-Sewer District (CCWSD)water and wastewater infrastructure and GMD storm water infrastructure within three (3) wastewater basins in Collier County. The proposing firm's designated inspectors (and their alternates) shall have experience providing water and wastewater CEI services, understand Collier County Utilities Standards Manual, and be familiar with the Florida Department of Environmental Protection (FDEP) requirements. This solicitation anticipates the selection of one (1), two (2), or three (3) professional engineering firms to conduct the referenced professional services for three (3) specific wastewater service basins, namely the following: 1) Naples Park Area: Master Pump Station (MPS) Basin 101 (Gulfshore Drive and Naples Park); 2) Bayshore Area: Master Pump Station (MPS) Basin 306, consisting of basins 303, 304 and 306 (Bayshore Drive and Thomasson Drive); and 3) The Glades Area: Master Pump Station (MPS) Basin 305, consisting of basins 308 (Gateway Triangle), 309 (Flamingo Estates), and 305 (The Glades). Assignment of each wastewater service basin will be determined in order of final ranking, each firm will be assigned a basin according to size and scope complexity. Should the County decide to hire multiple consulting firms, it is expected that the selected firms will work cooperatively with the other firms to provide best value services to the Public Utilities Division and will share "lessons learned" for the benefit of the County's rate payers. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 4 Packet Page-804- 3/10/2015 16.C.1 . Engineering firms currently performing wastewater planning and design under the PUD Basin Program in one (1) of the three (3) basins shall not be eligible to perform CEI services in the basin in which they are working. All three (3) basins include or may include various quantities of the following public utility components: • Gravity sewers (both wastewater and storm) • Pressure pipelines (potable, wastewater and irrigation quality) • Pump Stations • Electrical and SCADA • Drainage • Landscaping • Ancillary repair and replacement • Other construction projects within a basin designed by other professionals for other Collier County Departments • Other utility relocations At this time, the construction projects anticipated for this contract include the following which may occur concurrently, sequentially or as funding is available: 101 Basin • 110th Avenue Force Main • 111th Street Bridge Force Main • 8th Street Interceptor Sewer . • Creekside Boulevard Force Main Extension • Finger Street Sewer System Replacement • Gravity Sewer Interconnections • Gravity Sewer Interconnects • Master Pump Station Improvements • New PS 101.12 • Pavement Replacement • Pump Station Improvements RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 5 Packet Page -805- 3/10/2015 16.C.1. • Stormwater Improvements • Vitrified Clay (VC) Pipe and Laterals Replacement • Water Main Replacement 305 Basin • Duplex Pump Station Rehabilitation or Replacement • MPS 305 • MPS 308 • MPS 308 Force Main • MPS 309 • PS 309.09 • Subbasin Interconnections • Western Interconnect Force Main • Western Interconnect Pump Station • Wyndemere Pump Station 306 Basin • Duplex Stations Rehabilitation • MPS 302 Modifications • MPS 303 Rehabilitation • MPS 304 Rehabilitation • MPS 306 Reconstruction • Naples Manor FM (Phase 3) • US 41 Force Main (Phase 2) • Water Main Replacement Table 1 contains a list of construction projects anticipated under this contract. Additional construction projects may be added to this contract at the discretion of Collier County. Detailed Scope of Work Construction Engineering and Inspection Services RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 6 Packet Page-806- 3/10/2015 16.C.1 . Consultant's inspectors shall observe regular construction and testing activities related to the Program as directed by the Project Manager, including rehabilitation work. Construction/testing reports and pictures of construction will be prepared daily in the field with approved electronic devices (Laptop PC or tablets) on the day the construction activity takes place by the Construction inspector. All construction documentation will be provided no later than 7 PM of the day work took place via electronic E-mail to the project manager and designated recipients. A hard copy will be kept in the Consultant's project file. Travel time to or from the work site will not be compensated. Additional hours outside of the normal work day are to be compensated for at the standard hourly rate as included in the contract schedule. Once a project begins, all changes to staffing are to be approved by Collier County. Changes to personnel will not result in additional compensation to acclimate staff to the project. All staff will be required to undergo a County background check and maintain a County identification badge during the contract period at the firm's expense. Consultant's inspectors and their alternates should be certified for Class II Asbestos Work (8 hour OSHA course) and keep the certification current thru the entire construction project. The CEI services will include the following tasks: Task 1.0—Construction Observation and Documentation Task 2.0—Construction Inspector and Project Oversight Task 3.0—Additional Services Task 1.0— Construction Observation and Documentation The Consultant's construction inspector(or activity observer) will provide the services outlined below. 1.1 — Construction/Testing Observation —The construction inspector will conduct on-site observations and inspections of all construction/testing activities on the Project on a full or part time basis unless directed otherwise by the project manager to ensure that all work is completed in accordance with the Contract Documents. The Construction Inspector will inform the project manager and the on-site superintendent of the construction/testing 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 project manager in writing about the concern or issue within eight (8) business hours, but not more than one (1) 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 project manager 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 daily log with pictures recording activities and details related to the work on a form approved in advance by the project manager. 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, weather, temperature, site conditions, trench conditions, backfill material used, dewatering RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 7 Packet Page-807- 3/10/2015 16.C.1 . 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 fittings, name plate data for equipment and material installed, customer service field log, and other information requested by the project manager. Logs, photograph files and other construction documentation will be provided to the project manager by the Construction inspector on a daily basis in an electronic file via E-mail, on a digital CD only if requested by the project manager and a printed copy to be maintained on the project site in the inspector's trailer. All daily reports shall be prepared in the field. 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 via E-mail to the project manager on a daily basis, to a digital CD if requested by the project manager, and submitted on a daily basis along with the construction documentation. The photographs may be electronic sent via E-mail to the project manager on a daily basis. If requested by the project manager, pictures will be printed in high resolution color, two captioned photos per 8 'h" x 11" sheet, printed one side only. The prints if requested will be provided to the project manager when needed. If requested by the project manager, 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 Project between the construction contractor, the EOR and the project manager. 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. Coordination may also include, at the project manager's direction, coordination with the County Utilities Department for testing and construction of required connections to existing facilities. The Construction Inspector will also coordinate, as directed by the project manager, with residents, business owners, and the general public. The County reserves the right to remove any Construction Inspectors from a project at any time for failure to adhere to County policies and procedures. 1.5 - Observe Regulatory Agency Inspections — The Construction Inspector 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. The Construction Inspector will always notify the project manager prior to any such inspections. 1.6 - Construction Progress Meetings —The Construction Inspector will coordinate bi-weekly progress meetings chaired by the project manager, attended by the construction contractor to review project status and identify issues that may affect the Project. The Construction Inspector will prepare a DRAFT Agenda at least two (2) 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 (2) days after the meeting to the project manager, EOR, 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 project manager. The Construction RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 8 Packet Page-808- 3/10/2015 16.C.1 . 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 project manager. All services related to the Substantial Completion Inspection shall be provided in writing and pictures to the project manager for the Project. 1.8 — Final Completion Inspection - Upon the request of the construction contractor and concurrence of the EOR and the project manager, 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 EOR, project manager, and 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". All services related to the Final Completion Inspection shall be provided to the project manager of the Project. 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 of the EOR 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". All services related to the Final Construction Certification shall be provided to the project manager of the Project. 1.10 — Public Information Web Site —The county may elect the selected consultant to provide weekly project update on a project specific web site in order to advise the public of a project's progress and upcoming construction activities. TASK 2.0— Construction Inspector and Project Oversight 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 the following: a. Participate in a pre-construction meeting with the project manager, EOR, and the general contractor. b. Participate in other meetings as described or implied herein. c. Review and verify correctness of 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 project manager 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 reflect the progress of the work and that the work is constructed in accordance with the Contract Documents. The Construction inspector will RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 9 Packet Page-809- 3/10/2015 16.C.1 . 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 and provide written comments to the project manager and EOR. 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 project manager that the Work on the Project 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 (EOR) regarding the issuance of interpretations and clarifications of Contract Documents during construction. The Design Engineer (EOR) shall be responsible for technical review and decisions regarding interpretation and clarification of Contract Documents. The Construction inspector shall coordinate the Design Engineer's (EOR) 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 project manager, 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 project manager, the EOR, and the construction contractor during start-up of each segment designated for Beneficial Use by the EOR and project manager, including but not limited to signing off on regulatory permits and general coordination between the EOR, project manager, and construction contractor. 2.6 Asset Management Information — Provide asset management information of the constructed infrastructure in a format specified by Collier County. Task 3.0—Additional Services 3.1 —Additional Services (only as authorized in writing) —In accordance with the contract or purchase order, 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; Engineer 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 RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 10 Packet Page -810- 3/10/2015 16.C.1 . services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the project manager in writing in advance of performance of said Additional Services. Failure to notify the project manager in writing of Additional Services shall be deemed a waiver of any claim by the Engineer that such services were Additional Services. Written authorization from the project manager will be required for any charges that exceed the predetermined upper limit. Term of Contract The contract term, if an award(s) is/are made is intended to be for the duration of the project and any close out related activities. The prices quoted on the Consultant's Proposal shall remain in effect for a period of four (4) years from the date of award by the Board of County Commissioners. Subsequently, at the discretion of the County and upon the written request of the Consultant at least thirty (30) days in advance, all prices may be adjusted on the anniversary date of the Agreement, based on the Consumer Price Index-South Region. 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 November 4, 2014 Last Date for Receipt of Written Questions November 24, 2014, 5:00PM, Naples Local Time Pre Proposal Conference November 13, 2014, 11:00AM, Naples Local Time Addendum Issued Resulting from Written Questions December 1, 2014 Solicitation Deadline Date and Time December 5, 2014, 3:00PM, Naples Local Time Anticipated Evaluation of Submittals December 2014 Anticipated Completion of Contract Negotiations January 2015 Anticipated Board of County Commissioner's Contract Approval Date February 2015 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 RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 11 Packet Page-811- 3/10/2015 16.C.1. 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(Maximum Pages 2 / Maximum 0 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. In addition, provide the name of the firm's local registered professional engineer that will be the firm's project manager throughout the duration of this contract. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. The consultant will indicate which project(s) to be considered If services to be provided involve or are related to a physical site(s), including, but not limited to: design services for construction, physical monitoring, environmental studies, inspections or other similar activities, prior to submission of proposal, proposers may visit the site(s) to become familiar with local conditions that may in any manner affect performance of the Work. This site visit shall be documented in writing by the proposer; this documentation shall be submitted with the proposal. No plea of ignorance of conditions or difficulties that may exist or conditions or difficulties that may be encountered in the execution of the Work pursuant to this Agreement as a result of failure to make the necessary examinations and investigations shall be accepted as an excuse for any failure or omission on the part of the awarded proposer, nor shall they be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 2. Tab II, Project Approach (Maximum Pages 15/ Maximum Points 45) The vendor will review the projects, MPS 101 Basin, MPS 305 Basin, and MPS 306 Basin starting on page 5 of this RFP Document or the attached Table 1 document. A detailed project approach must be attached for each project since the vendors will be ranked within each project individually. In this tab, include: • Detailed plan of approach (including major tasks and sub-tasks). • Description of the proposed contract team and the role to be played by each member of the proposed team. Include the qualifications of sub consultants or subcontractors proposed to be used in this contract. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 12 Packet Page-812- 3/10/2015 16.C.1 . • Provide detailed qualifications of the firm's project manager and deputy project manager who will be permanently assigned to this contract. • Detailed plan of approach (including major tasks and sub-tasks). • Preliminary Project Management Plan • Describe how your team will minimize the professional services and construction costs of this program should you be awarded this contract 3. Tab Ill, Team's Technical Expertise, Experience, Capacity of Firm and Collier County Public Utility Experience(Maximum Pages 10 excluding appendix/ Maximum Points 35) In this tab, include • Provide information that documents Consultant's and subcontractors' qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required services. • Provide details of risks that may be associated with the project and how the firm may overcome those risks. • Provide details of unique benefits that the firm offers on this project. • Describe the proposed project team including the roles and expertise of the team members. Provide information illustrating the team member's local knowledge, experience and familiarity with Collier County PPMD design standards. • In an appendix, attach resumes of all proposed project team members who will be involved in the total package of services, as well as the delivery of specific services. The same should be done for any sub-consultants. If sub-consultants are being utilized, letters of intent from stated sub-consultants must be included with proposal submission. Include the qualifications of sub consultants or subcontractors proposed to be used in this contract. • Provide current list of potable water and wastewater projects in the format identified below: 1.Project Description 2.Start Date 3.End Date 4.Initial Contract Amount 5.Final Contract Amount 6.Number of Change Orders 7.Number of Owner-directed Change Orders 8.Number of Design-related Change Orders 4. Tab IV, Location (Maximum Pages 10 / Maximum Points 10) The selected consultant(s) will be required to interface with PUD staff on a daily basis. Collier County has concluded that selecting a local (Collier and Lee Counties) consultant is in its best interest to contain costs and to minimize task completion time frames. Firms having a local office will receive the maximum number of points (10). Firms having office their office located within 75 miles will receive 5 points. Firms having an office beyond 75 miles will not receive any points under this category. 5. Tab V, References— 5 Completed and Returned (Maximum Pages 5/ Maximum Points 10) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 13 Packet Page -813- 3/10/2015 16.C.1. similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the Consultant's points awarded. Each subsequent Consultant's point score will be calculated in the same manner. • Points awarded will be extended to the whole number per Microsoft Excel. For illustrative purposes only, see chart for an example of how these points would be distributed among proposers. Consultant Name Consultant Total Points Awarded Reference Score Consultant ABC 445 10 Consultant DEF 435 8.9 Consultant GI-II 425 8.7 Consultant JKL 385 7.9 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 (0 Points) 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 (0 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 RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 14 Packet Page-814- 3/10/2015 16.C.1 . • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire • Other: License, Certifications, etc. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 15 Packet Page-815- 3/10/2015 16.C.1 . Exhibit II: General RFP Instructions 1. Questions Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collierciov.net/bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre-Proposal Conference The purpose of the pre-proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre- proposal conference for this solicitation. If this pre-proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and/or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals All proposals are to be delivered before 3:00PM, Naples local time, on or before December 5, 2014, to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Swainson Hall, Procurement Strategist RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 16 Packet Page-816- 3/10/2015 16.C.1 . 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 six(6) 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. 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. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 17 Packet Page-817- 3/10/2015 16.C.1 . 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, 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. 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. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 18 Packet Page-818- 3/10/2015 16.C.1 . Tab I, Cover Letter/ Management Summary 0 Tab II, Project Approach 45 Tab III, Team's Technical Expertise 35 Tab IV, Location 10 Tab V, References 10 Tab I, Cover Letter/ Management Summary 0 TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 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 14-6345 CEI Services for the Wastewater Basin Programs 19 Packet Page-819- 3/10/2015 16.C.1 . Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer sold hereunder shall transfer to the This offer is subject to cancellation by the COUNTY at the time and place of COUNTY without notice if not accepted by delivery; provided that risk of loss prior VENDOR within fourteen (14) days of to actual receipt of the goods by the issuance. COUNTY nonetheless remain with VENDOR. 2. Acceptance and Confirmation b) No charges will be paid by the COUNTY This Purchase Order (including all for packing, crating or cartage unless documents attached to or referenced otherwise specifically stated in this therein) constitutes the entire agreement Purchase Order. Unless otherwise between the parties, unless otherwise provided in Purchase Order, no invoices specifically noted by the COUNTY on the shall be issued nor payments made face of this Purchase Order. Each delivery prior to delivery. Unless freight and of goods and/or services received by the other charges are itemized, any COUNTY from VENDOR shall be deemed to discount will be taken on the full amount be upon the terms and conditions contained of invoice. in this Purchase Order. c) All shipments of goods scheduled on the same day via the same route must be No additional terms may be added and consolidated. Each shipping container Purchase Order may not be changed except must be consecutively numbered and by written instrument executed by the marked to show this Purchase Order COUNTY. VENDOR is deemed to be on number. The container and Purchase notice that the COUNTY objects to any Order numbers must be indicated on bill additional or different terms and conditions of lading. Packing slips must show contained in any acknowledgment, invoice Purchase Order number and must be or other communication from VENDOR, included on each package of less than notwithstanding the COUNTY'S acceptance container load (LCL) shipments and/or or payment for any delivery of goods and/or with each car load of equipment. The services, or any similar act by VENDOR. COUNTY reserves the right to refuse or return any shipment or equipment at 3. Inspection VENDOR'S expense that is not marked All goods and/or services delivered with Purchase Order numbers. hereunder shall be received subject to the VENDOR agrees to declare to the COUNTY'S inspection and approval and carrier the value of any shipment made payment therefore shall not constitute under this Purchase Order and the full acceptance. All payments are subject to invoice value of such shipment. adjustment for shortage or rejection. All d) All invoices must contain the Purchase defective or nonconforming goods will be Order number and any other specific returned pursuant to VENDOR'S instruction information as identified on the at VENDOR'S expense. Purchase Order. Discounts of prompt payment will be computed from the date To the extent that a purchase order requires of receipt of goods or from date of a series of performances by VENDOR, the receipt of invoices, whichever is later. COUNTY prospectively reserves the right to Payment will be made upon receipt of a cancel the entire remainder of the Purchase proper invoice and in compliance with Order if goods and/or services provided Chapter 218, Fla. Stats., otherwise early in the term of the Purchase Order are known as the "Local Government non-conforming or otherwise rejected by the Prompt Payment Act," and, pursuant to COUNTY. the Board of County Commissioners 4. Shipping and Invoices Purchasing Policy. a) All goods are FOB destination and must be suitably packed and prepared to 5. Time Is Of the Essence secure the lowest transportation rates Time for delivery of goods or performance of and to comply with all carrier services under this Purchase Order is of the regulations. Risk of loss of any goods essence. Failure of VENDOR to meet RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 20 Packet Page-820- 3/10/2015 16.C.1 . delivery schedules or deliver within a regulation noted on the face of the Purchase reasonable time, as interpreted by the Order. COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available 9. Advertising to it at law or in equity. VENDOR agrees to No VENDOR providing goods and services reimburse the COUNTY for any expenses to the COUNTY shall advertise the fact that incurred in enforcing its rights. VENDOR it has contracted with the COUNTY for • further agrees that undiscovered delivery of goods and/or services, or appropriate or nonconforming goods and/or services is not make use of the COUNTY'S name or other a waiver of the COUNTY'S right to insist identifying marks or property without the upon further compliance with all prior written consent of the COUNTY'S specifications. Purchasing Department. 6. Changes 10. Indemnification The COUNTY may at any time and by VENDOR shall indemnify and hold harmless written notice make changes to drawings the COUNTY from any and all claims, and specifications, shipping instructions, including claims of negligence, costs and quantities and delivery schedules within the expenses, including but not limited to general scope of this Purchase Order. attorneys' fees, arising from, caused by or Should any such change increase or related to the injury or death of any person decrease the cost of, or the time required for (including but not limited to employees and performance of the Purchase Order, an agents of VENDOR in the performance of equitable adjustment in the price and/or their duties or otherwise), or damage to delivery schedule will be negotiated by the property (including property of the COUNTY COUNTY and VENDOR. Notwithstanding or other persons), which arise out of or are the foregoing, VENDOR has an affirmative incident to the goods and/or services to be obligation to give notice if the changes will provided hereunder. decrease costs. Any claims for adjustment by VENDOR must be made within thirty(30) 11. Warranty of Non-Infringement days from the date the change is ordered or VENDOR represents and warrants that all within such additional period of time as may goods sold or services performed under this be agreed upon by the parties. Purchase Order are: a) in compliance with applicable laws; b) do not infringe any 7. Warranties patent, trademark, copyright or trade secret; VENDOR expressly warrants that the goods and c)do not constitute unfair competition. and/or services covered by this Purchase Order will conform to the specifications, VENDOR shall indemnify and hold harmless drawings, samples or other descriptions the COUNTY from and against any and all furnished or specified by the COUNTY, and claims, including claims of negligence, costs will be of satisfactory material and quality and expense, including but not limited to production, free from defects and sufficient attorneys' fees, which arise from any claim, for the purpose intended. Goods shall be suit or proceeding alleging that the delivered free from any security interest or COUNTY'S use of the goods and/or other lien, encumbrance or claim of any third services provided under this Purchase Order party. These warranties shall survive are inconsistent with VENDOR'S inspection, acceptance, passage of title and representations and warranties in section 11 payment by the COUNTY. (a). 8. Statutory Conformity If any claim which arises from VENDOR'S Goods and services provided pursuant to breach of section 11 (a) has occurred, or is this Purchase Order, and their production likely to occur, VENDOR may, at the and transportation shall conform to all COUNTY'S option, procure for the COUNTY applicable laws, including but not limited to the right to continue using the goods or the Occupational Health and Safety Act, the services, or replace or modify the goods or Federal Transportation Act and the Fair services so that they become non-infringing, Labor Standards Act, as well as any law or (without any material degradation in RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 21 Packet Page-821- 3/10/2015 16.C.1 . performance, quality, functionality or steps VENDOR is taking to complete additional cost to the COUNTY). delivery of the goods and/or services to the COUNTY. 12. Insurance Requirements The VENDOR, at its sole expense, shall 15. Assignment provide commercial insurance of such type VENDOR may not assign this Purchase and with such terms and limits as may be Order, nor any money due or to become due reasonably associated with the Purchase without the prior written consent of the Order. Providing and maintaining adequate COUNTY. Any assignment made without insurance coverage is a material obligation such consent shall be deemed void. of the VENDOR. All insurance policies shall be executed through insurers authorized or 16. Taxes eligible to write policies in the State of Goods and services procured subject to this Florida. Purchase Order are exempt from Florida sales and use tax on real property, transient 13. Compliance with Laws rental property rented, tangible personal In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from federal, state, and local laws, rules, codes, federal excise tax. and ordinances that are applicable to the conduct of its business. By way of non- 17. Annual Appropriations exhaustive example, this shall include the The COUNTY'S performance and obligation American with Disabilities Act and all to pay under this Purchase Order shall be prohibitions against discrimination on the contingent upon an annual appropriation of basis of race, religion, sex creed, national funds. origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges 18. Termination and without exception or stipulation shall be This Purchase Order may be terminated at fully responsible for complying with the any time by the COUNTY upon 30 days provisions of the Immigration Reform and prior written notice to the VENDOR. This Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated 1324, et seq. and regulations relating immediately by the COUNTY for breach by thereto, as either may be amended. Failure VENDOR of the terms and conditions of this by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has laws referenced herein shall constitute a provided VENDOR with notice of such breach of the award agreement and the breach and VENDOR has failed to cure County shall have the discretion to within 10 days of receipt of such notice. unilaterally terminate said agreement immediately. Any breach of this provision 19. General may be regarded by the COUNTY as a a) This Purchase Order shall be governed material and substantial breach of the by the laws of the State of Florida. The contract arising from this Purchase Order. venue for any action brought to specifically enforce any of the terms and 14. Force Majeure conditions of this Purchase Order shall Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and responsible for any delay or failure in for Collier County, Florida performance resulting from any cause b) Failure of the COUNTY to act beyond their control, including, but without immediately in response to a breach of limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall and acts of nature. When VENDOR has not constitute a waiver of breach. knowledge of any actual or potential force Waiver of the COUNTY by any default majeure or other conditions which will delay by VENDOR hereunder shall not be or threatens to delay timely performance of deemed a waiver of any subsequent this Purchase Order, VENDOR shall default by VENDOR. immediately give notice thereof, including all c) All notices under this Purchase Order relevant information with respects to what shall be sent to the respective RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 22 Packet Page -822- 3/10/2015 16.C.1 . addresses on the face page by certified e) In the event of any conflict between or mail, return receipt requested, by among the terms of any Contract overnight courier service, or by personal Documents related to this Purchase delivery and will be deemed effective Order, the terms of the Contract upon receipt. Postage, delivery and Documents shall take precedence over other charges shall be paid by the the terms of the Purchase Order. To the sender. A party may change its address extent any terms and /or conditions of for notice by written notice complying this Purchase Order duplicate or overlap with the requirements of this section. the Terms and Conditions of the d) The Vendor agrees to reimbursement of Contract Documents, the provisions of any travel expenses that may be the Terms and/or Conditions that are associated with this Purchase Order in most favorable to the County and/or accordance with Florida Statute Chapter provide the greatest protection to the 112.061, Per Diem and Travel County shall govern. Expenses for Public Officers, employees and authorized persons. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 23 Packet Page-823- Exhibit IV: Additional Terms and Conditions for RFP 3/10/2015 16.0.1 . 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County.The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self-insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self-insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and/or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non-renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 24 Packet Page-824- 3/10/2015 16.C.1 . 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 100% 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 specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 25 Packet Page-825- 3/10/2015 16.C.1 . 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. 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." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 26 Packet Page-826- 3/10/2015 16.C.1. submitted after the close of the fiscal year will not be accepted (or processed f.,, N,.,....,,.., specifically authorized by the Project Manager. Payments will be made for articles and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 10. Environmental Health and Safety All Consultants and Sub Consultants performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Consultants and Sub Consultants shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. All firewall penetrations must be protected in order to meet Fire Codes. Collier County Government has authorized OSHA representatives to enter any Collier County facility, property and/or right-of-way for the purpose of inspection of any Consultant's work operations. This provision is non-negotiable by any department and/or Consultant. All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 11. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non-responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license/registration will need to be renewed thereafter to remain "active" in Collier County RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 27 Packet Page-827- 3/10/2015 16.C.1 . If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252-2477. 12. Survivability Work Orders: The Consultant/Contractor/Vendor agrees that any Work Order that extends beyond the expiration date of Solicitation 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of this Work Order. 13. Principals/Collusion By submission of this Proposal the undersigned, as Consultant, does declare that the only person or persons interested in this Proposal as principal or principals is/are named therein and that no person other than therein mentioned has any interest in this Proposal or in the contract to be entered into; that this Proposal is made without connection with any person, company or parties making a Proposal, and that it is in all respects fair and in good faith without collusion or fraud. 14. Relation of County It is the intent of the parties hereto that the Consultant shall be legally considered an independent Consultant, and that neither the Consultant nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Consultant, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 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) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 28 Packet Page-828- 3/10/2015 16.C.1 . 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 prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the solicitation (including the form of the solicitation documents or procedures) shall file their protest with the Procurement Director prior to the time of the bid opening strictly in accordance with the County's then current purchasing ordinance and policies. 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 employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 29 Packet Page-829- 3/10/2015 16.C.1 . 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. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 30 Packet Page -830- referenced herein or the provisions of this affidavit shall constitute a breach of the ay. 3/10/2015 16.C.1 . the County shall have the discretion to unilaterally terminate said agreement immediately. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 31 Packet Page-831- 3/10/2015 16.C.1 . Cater County Administrate 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 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs 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 14-6345 CEI Services for the Wastewater Basin Programs 32 Packet Page-832- 3/10/2015 16.0.1. Coiner County Administrative Services Division Purchasing Attachment 2: Consultant Check List IMPORTANT: THIS SHEET MUST BE SIGNED. Please read carefully, sign in the spaces indicated and return with your Proposal. Consultant should check off each of the following items as the necessary action is completed: ❑ The Proposal has been signed. ❑ All applicable forms have been signed and included, along with licenses to complete the requirements of the project. ❑ 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: Swainson Hall, Procurement Strategist CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs ❑ 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 14-6345 CEI Services for the Wastewater Basin Programs 33 Packet Page-833- • 3/10/2015 16.C.1 . CAT County Administrative Services Divisbn 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 14-6345 CEI Services for the Wastewater Basin Programs 34 Packet Page-834- 3/10/2015 16.C.1 . Co ley Gounty Administrative Services Division Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs 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 14-6345 CEI Services for the Wastewater Basin Programs 35 Packet Page-835- Additional Contact Information 3/10/2015 16.C.1 . Send payments to: (required if different from above) Company name used as payee Contact name: Title: Address: City, State,ZIP Telephone: FAX: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State,ZIP Telephone: Email: RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 36 Packet Page-836- 3/10/2015 16.C.1 . Coer County Adrranetzative Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Consultants/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to include this Affidavit and acceptable evidence of enrollment in the E-Verify program may deem the Consultant/ Bidder's proposal as non-responsive. Collier County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e) Section 274A(e) of the Immigration and Nationality Act("INA"). Collier County may consider the employment by any Consultant of unauthorized aliens a violation of Section 274A(e) of the INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be grounds for unilateral termination of the contract by Collier County. Consultant attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the Consultant's/ Bidder's proposal. Company Name Print Name Title Signature Date State of, County of The foregoing instrument was signed and acknowledged before me this day of 20 , by who has produced as identification. (Print or Type Name) (Type of Identification and Number) Notary Public Signature Printed Name of Notary Public Notary Commission Number/Expiration The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of this affidavit to interrogatories hereinafter made. RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 37 Packet Page-837- 3/10/2015 16.C.1. ca' ier Cowity Administrative Services Division 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 14-6345 CEI Services for the Wastewater Basin Programs 38 Packet Page-838- 3/10/2015 16.C.1 . Co Tex County Adrnistrve 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 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 $ 1,000,000 Each Occurrence; Bodily Injury&Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ❑ Other insurance as ❑Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act)shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 39 Packet Page-839- 3/10/2015 16.C.1 . ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk,or proposal bond in a sum equal to 5%of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100%of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A-" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® 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 Agent Name Telephone Number Co er County Acirronstrative Services moon Purchasing RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 40 Packet Page-840- 3/10/2015 16.C.1 . Attachment 8: Reference Questionnaire Solicitation: 14-6345 Construction, Engineering, and Inspection (CEI) Services for the Wastewater Basin Programs 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 Please FAX this completed survey to: By RFP CCNA 14-6345 CEI Services for the Wastewater Basin Programs 41 Packet Page-841-