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Agenda 07/07/2015 Item #16A197/7/2015 16.A.19. EXECUTIVE SUMMARY Recommendation to approve the selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15 -6452 "Modeling Services for Surface Water and Groundwater Management" for protected public water supply wellfields that utilize the Surficial and Intermediate Aquifers. OBJECTIVE: To receive Board of County Commissioners (Board) approval of the selection committee ranking and authorize staff to enter into negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15 -6452 for use by the Engineering and Natural Resources Division (E &NRD), Growth Management Department (GMD) for "Modeling Services for Surface Water and Groundwater Management" (Project). CONSIDERATIONS: The Collier County Groundwater Protection Ordinance (Ord. No. 90- 103) provides for protection of existing wellfields and future groundwater resources through creation of wellfield risk management special treatment overlay zones (WPZs), within which specific development is prohibited or regulated. This Project will update the current WPZs, initially created with the 1989 & 2003 Voorhees & Mades model, by using a MIKE SHE/MIKE] 1 three- dimensional model with current hydrologic /geologic data, surface water vulnerability components, new /updated wellfield and other water supply data. The Project MIKE SHE/MIKE 11 model will produce defendable WPZs reflective of both surface water and groundwater relationships and vulnerabilities. County staff is recommending the MIKE SHE/MIKE 11 model to be consistent with the recent modeling effort of the Watershed Management Plan. On April 20, 2015, staff issued a Request for Proposal (RFP) No. 15 -6452 in accordance with Florida Statutes Section 287.055, the "Consultants Competitive Negotiation Act ". A total of 1,524 notices were sent and 75 vendors requested solicitation packets. Two (2) responsive proposals (HydroGeoLogic, Inc., and Lago Consulting & Services, LLC) were received by the due date of May 22, 2015. A publically noticed Selection Committee meeting was held on June 17, 2015 and after review and discussion, by consensus of the members, the responding firms were ranked as shown below: Name of Firm Final Rankin Lao Consulting & Services, LLC 1 HydroGeoLogic, Inc. 2 Upon Board's approval of the rankings, staff will enter into negotiations with the number one ranked firm. If contract negotiations are not successful with Lago Consulting & Services, LLC, then staff requests authorization to commence contract negotiations with HydroGeoLogic, Inc., with the objective of bringing an acceptable negotiated contract back to the Board for approval. FISCAL IMPACT: Funds for this project are available in Fund 114, Cost Center 178975 under Other Contractual Services. There is no incremental maintenance cost associated with this Packet Page -952- 7/7/2015 16.A.19. action. The exact fiscal impact will be identified when staff returns to the Board with the proposed contract. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. — CMG GROWTH MANAGEMENT IMPACT: This Project is consistent with Objective 1 and its attendant Policies of the Natural Groundwater Aquifer Recharge Sub - Element and Objective 3.3 and its attendant Policies of the Conservation and Coastal Management Element, both addressing the updating of computer models to characterize various ground water characteristics to ensure the protection of wellfields and potable water supplies. RECOMMENDATION: That the Board approves the selection committee ranking and authorizes staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15 -6452 "Modeling Services for Surface Water and Groundwater Management." Prepared By: Danette Kinaszczuk, Pollution Control Manager, Engineering and Natural ZD Resources Attachments: 1. Final Ranking; 2. Lago Consulting & Services, LLC, Proposal; Application Backup Information due to the size of the document it is accessible at: http: / /www.colliergov. net/ ftp /A2endaJulyO7l5 /GrowthMaMt /LAGO Master Proposal f nal.pdf 3. RFP No. 15 -6452 Solicitation with Project Scope Packet Page -953- 7/7/2015 16.A.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.19. Item Summary: Recommendation to approve the selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15 -6.452 "Modeling Services for Surface Water and Groundwater Management" for protected public water supply wellfields that utilize the Surficial and Intermediate Aquifers. Meeting Date: 7/7/2015 Prepared By Name: Danette Kinaszczuk Title: Manager - Pollution Control, Growth Management Department 6/12/2015 1:49:35 PM Submitted by Title: Manager - Pollution Control, Growth Management Department Name: Danette Kinaszczuk 6/12/2015 1:49:36 PM Approved By Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/17/2015 4:35:29 PM Name: PuigJudy Title: Operations Analyst, Growth Management Department Date: 6/17/2015 4:36:14 PM Name: Danette Kinaszczuk Title: Manager - Pollution Control, Growth Management Department Date: 6/17/2015 4:37:12 PM Name: EvelynColon Title: Purchasing - Procurement Specialist Packet Page -954- Date: 6/18/2015 8:30:36 AM 7/7/2015 16.A.19. Name: HerreraSandra Title: Manager - Procurement, Administrative Services Department Date: 6/18/2015 9:01:23 AM Name: MarkiewiczJoanne Title: Division Director - Purchasing & Gen Svc, Administrative Services Department Date: 6/18/2015 2:14:56 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 6/19/2015 10:02:08 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/21/2015 10:50:40 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/22/2015 8:53:06 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:57:08 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 1:35:34 PM Packet Page -955- d d w+ E E O U C O V d d Co d d t C Y C c4 C LL V �v w+ C d E d C � w d r E C t0 O L t6 c 3 L as � r+ rL^ V V � O L (n O C f/1 y .O V O � d N � LO C CG d r O a ai LL LO 0 N I- r CD U O O f0 c N N Q N ry 0) c m s a Packet Page -956- 7/7/2015 16.A.19. 0 v oa a 7/7/2015 16.A.19. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Coiner COU1 ty Administrative 5ervioes Deparbnent Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation 15 -6452, Modeling Services for Surface Water and Groundwater Management Evelyn Colon, Procurement Strategist (239) 252 -2667 (Telephone) (239) 252 -2810 (Fax) evelyncolon @colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format. Any alterations to this document made by the Consultant may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Fromaarent Ser,mms Dimm- 3327 Tamiami Trail East - Naples. Florida 3411,24904 •233252 -8:07 -wow miltergov retiproeurerrentsera es CCNA (Revision 01152015) Packet Page -957- 7/7/2015 16.A.19. Table of Contents LEGALNOTICE .......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .............................................. .............................15 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................19 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............. .............................23 ATTACHMENT 1: CONSULTANT'S NON - RESPONSE STATEMENT ......... .............................31 ATTACHMENT 2: CONSULTANT CHECK LIST .......................................... .............................32 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 15 -6452, Modeling Services for Surface Water and Groundwater Management 2 Packet Page -958- 7/7/2015 16.A.19. 001rier County Administrative Services Department Procurement Services Division Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide Modeling Services for Surface Water and Groundwater Management will be received until 3:OOPM, Naples local time, on May 22, 2015 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 15 -6452, Modeling Services for Surface Water and Groundwater Management Services to be provided may include, but not be limited to the following: Modeling Services. ® A pre - proposal conference is not applicable for this solicitation. All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov,net /bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Director, Procurement Services Division This Public Notice was posted on the Collier County Purchasing Department website: www.colliergov.net /purchasing and in the Lobby of Purchasing Building "G ", Collier County Government Center on April 20, 2015. 15 -6452, Modeling Services for Surface Water and Groundwater Management 3 Packet Page -959- 7/7/2015 16.A.19. Exhibit I: Scope of Work, Specifications and Response Format As requested by the Growth Management Division (hereinafter, the "Division "), the Collier County Board of County Commissioners Procurement Services Division (hereinafter, "County ") has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Purchase The Collier County Groundwater Protection Ordinance (GWPO) was adopted to safeguard groundwater aquifers, which are the major sources of potable water in Collier County. That ordinance was incorporated into the County's Land Development Code in Sections 3.06, 10.02, and 10.04. In order to protect these critical groundwater resources, Collier County (County) established groundwater protection zones through a series of wellfield risk management special treatment overlay zones around public water supply (PWS) wellfields. These zones are the basis of land use management regulations as it pertains to activities that may impact ground water within a specified zone. The wellfield risk management special treatment overlay zones were derived from a three - dimensional computer model analysis of groundwater and solute transport within the County's underlying freshwater aquifer. This Voorhees & Mades (V & M) model was initially created in 1989 and updated in 2003. The County Growth Management Division, Engineering and Natural Resources Department (E &NRD) seeks to update the model. In addition to managing risks to groundwater resources associated with certain land uses, is recognition of the potential risk factors to water supplies associated with the network of surface water storage, drainage, and conveyance canals located throughout the County. To this end, E &NRD would like to re- evaluate the risk areas and update the three dimensional modeling to include a surface water vulnerability component, new wellfields, other water supplies, and other areas of concern in the modeling analysis. A MIKE SHE /MIKE11 integrated ground and surface water model was developed for use by Collier County Watershed Management Plan (WMP), Collier County Watershed Management Model, Atkins 2012. In 2014 the E &NRD retained Stantec to assist with the evaluation of the MIKE SHE /MIKE11 model as a replacement for the V & M model in updating the County's assessment of risk areas to include surface water and groundwater components. A 2014 report titled Collier County Wellhead Vulnerability Assessment was prepared detailing the steps taken to evaluate the MIKE SHE /MIKE11 model. The report concluded that the MIKE SHE /MIKE11 model is a viable tool for the surface water and groundwater vulnerability assessment. The E &NRD proposes to adapt the Collier County MIKE SHE /MIKE11 model for use in developing a surface water and groundwater vulnerability assessment for each of the 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -960- 7/7/2015 16.A.19. potable water supply wellfields that utilize the surficial, Tamiami and Sandstone aquifers, potable surface water source(s) and other areas of concern. This project scope of work provides for: • Updating the Collier County MIKE SHE /MIKE11 WMP Model (based on the recent improvements to the Big Cypress Basin FloodWatch model and to the Lower West Coast Water Supply Plan model). • Evaluation of potential contributions to groundwater from the surface water features. • Development of local scale models for identified areas. • Delineation of protection zones for the identified water sources. • Evaluation and estimation of contribution areas and flow paths around areas of concern and identified groundwater monitoring wells. The estimated budget is approximately $217,000.00. Scope of Work A MIKE SHE /MIKE11 model will be developed to define areas of vulnerability based on both surface water and groundwater contributions. The model will be developed using the 2014 version of the MIKE SHE software. The model will be based on the existing Collier County WMP, and it will be updated to include the most recent land use and hydrologic data improvements to the Big Cypress Basin (BCB) Floodwatch Model and the updated hydrogeological inputs to the South Florida Water Management District (SFWMD) Lower West Coast Water Supply Model (LWCWSM). The Consultant will compile data from the sources identified above as well as, information pertaining to the permitted utility infrastructure to be included in the model of each public supply wellfield /source listed below, and other sources as needed. The Consultant will meet with the utility owners and other information providers to confirm that the information to be used in the modeling effort is the best and most recent information available. Reference Number Area of Modeling Interest Responsible Party /Utility Stakeholder 1 East Golden Gate Wellfield City of Naples 2 Coastal Ridge Wellfield City of Naples 3 Orange Tree Wellfield Orange Tree Utility 4 Ave Maria Wellfield Barron Collier Companies Water Utilities 5 Collier County Golden Gate Wellfield Collier County Water -Sewer District 6 Collier County Northeast Wellfield Collier County Water -Sewer District 7 Everglades City Wellfield City of Everglades. 8 Golden Gate City Wellfield Florida Governmental Utility Authority 9 Immokalee Wellfield Immokalee Water & Sewer District 10 Marco Lakes Water Supply Lake Marco Island Utilities 11 Port of the Islands Wellfield Port of the Islands Community Improvement District 12 Pine Ridge Industrial Park 13 Up to 5 areas identified in Task 7.0 14 Ten (10) identified monitoring wells: Well Name Latitude Longitud e CCN4 26.28364 81.77129 CCN5 26.28293 81.77914 CCN6 26.27924 81.77534 CCN8 26.29266 81.77720 CCN11 26.26758 81.78540 15 -6452, Modeling Services for Surface Water and Groundwater Management 5 Packet Page -961- 7/7/2015 16.A.19. The updated countywide model will be run to verify the calibration of the model is equal to or better than the current County WMP model. The updated MIKE SHE /MIKE11 model will be run at a grid size of 1500 feet or smaller for purposes of confirming adequate calibration and to identify locations within the model domain where surface water features may be contributing to groundwater supplies. Additional areas of concern will include the Marco Lakes Water Supply system and the Pine Ridge Industrial Park. This scope also covers up to five other areas and work associated with groundwater monitoring wells. During execution of this project, a total of 10 finer grid "telescoped" models will be developed for areas 1 -10. These will be sized so that the Pine Ridge Industrial Park and the five (5) contamination sites to be evaluated in Task 7 are included within the domain of at least one of the telescoped models. These telescoped models will utilized a maximum grid size of 400 feet. Key hydrologic elements such as well locations and potentially contributing surface water features will be identified and added to the higher resolution models. Particle tracking methodologies will be used to delineate the area of groundwater contribution for each wellfield within the improved telescoped models for each of the protection zone travel time areas. In addition to identifying the updated protection zones per LDC 3.06.03, for areas 1 -11 in Table 1, the Consultant will provide graphic output of flow patterns and intensities from the telescoped models for the Pine Ridge Industrial Park and the five contamination sites identified in item 13. Results from the coarse regional model, or the telescoped models may /will be used to provide graphic output of flow patterns and intensities for Item 14 in Table 1. The principal technical tasks necessary to meet these objectives are as follows: • Meetings and Coordination • Data Compilation • Update Existing Collier County MIKE SHE /MIKE11 WMP Model • Extract Telescoped Models • Define Protection Zones • Evaluate Known Contamination Zone Contributing Areas At the conclusion of each task a technical memorandum (TM) or appropriate deliverables will be prepared, documenting the efforts and results of each task. All electronic data associated with the modeling will be made available to the County at their request throughout the duration of the project. A final submittal of all electronic data and geospatial maps will be provided at the end of the project, in a format acceptable to the County. Upon request, all of the developed models must be available to the County for six years after the conclusion of the project. Detailed Scope of Work Task 1.0 Meetings and Coordination Task 1.1 Project Meetings The Consultant will coordinate with the County and subconsultants through regularly scheduled meetings, letters, transmittals, e- mails, memoranda and other forms of formal and informal communication, as appropriate. The Consultant will attend up to six project 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -962- CCS2 26.14554 81.74750 CCS15 26.08477 81.71614 CCS17 26.07173 81.71172 CCS20 26.10321 81.74303 MW -11 26.17733 81.80264 The updated countywide model will be run to verify the calibration of the model is equal to or better than the current County WMP model. The updated MIKE SHE /MIKE11 model will be run at a grid size of 1500 feet or smaller for purposes of confirming adequate calibration and to identify locations within the model domain where surface water features may be contributing to groundwater supplies. Additional areas of concern will include the Marco Lakes Water Supply system and the Pine Ridge Industrial Park. This scope also covers up to five other areas and work associated with groundwater monitoring wells. During execution of this project, a total of 10 finer grid "telescoped" models will be developed for areas 1 -10. These will be sized so that the Pine Ridge Industrial Park and the five (5) contamination sites to be evaluated in Task 7 are included within the domain of at least one of the telescoped models. These telescoped models will utilized a maximum grid size of 400 feet. Key hydrologic elements such as well locations and potentially contributing surface water features will be identified and added to the higher resolution models. Particle tracking methodologies will be used to delineate the area of groundwater contribution for each wellfield within the improved telescoped models for each of the protection zone travel time areas. In addition to identifying the updated protection zones per LDC 3.06.03, for areas 1 -11 in Table 1, the Consultant will provide graphic output of flow patterns and intensities from the telescoped models for the Pine Ridge Industrial Park and the five contamination sites identified in item 13. Results from the coarse regional model, or the telescoped models may /will be used to provide graphic output of flow patterns and intensities for Item 14 in Table 1. The principal technical tasks necessary to meet these objectives are as follows: • Meetings and Coordination • Data Compilation • Update Existing Collier County MIKE SHE /MIKE11 WMP Model • Extract Telescoped Models • Define Protection Zones • Evaluate Known Contamination Zone Contributing Areas At the conclusion of each task a technical memorandum (TM) or appropriate deliverables will be prepared, documenting the efforts and results of each task. All electronic data associated with the modeling will be made available to the County at their request throughout the duration of the project. A final submittal of all electronic data and geospatial maps will be provided at the end of the project, in a format acceptable to the County. Upon request, all of the developed models must be available to the County for six years after the conclusion of the project. Detailed Scope of Work Task 1.0 Meetings and Coordination Task 1.1 Project Meetings The Consultant will coordinate with the County and subconsultants through regularly scheduled meetings, letters, transmittals, e- mails, memoranda and other forms of formal and informal communication, as appropriate. The Consultant will attend up to six project 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -962- 7/7/2015 16.A.19. coordination /progress meetings with County staff throughout the duration of the project as follows: 1. Project Team Kick -Off and Project Implementation Meeting 2. TM 1: Data Compilation Review Meeting 3. TM 2: Update Existing County Model 4. TM 3: Extract Telescoped Scale Models and Define Groundwater Wellhead Protection Areas 5. TM 4: Evaluate Contributions from Canal Networks and definite Surface Water Protection Zones 6. TM 5: Evaluate Contamination Zones for Known Contributing Area and Existing Monitoring Well Network Task 1.2 Additional Meetings and Coordination Additional meetings will be necessary to coordinate with stakeholders such as the Collier County Water Department, SFWMD, or other permitted utility stakeholders as necessary. The Consultant will attend additional coordination meetings not delineated under Task 1.1. as necessary. Deliverables: 1. Meeting agendas and meeting notes will be prepared and provided by the Consultant for all meetings associated with the Tasks. Maps, tables, diagrams, and other illustrative materials will be prepared for the purpose of discussion and information sharing, as necessary. Task 2.0 Data Compilation Extensive data enhancements have been identified and generated stemming from the previous 1989 and 2003 efforts. Additionally there are new data sources that the County wishes to include in the modeling efforts. Data compilation will include collection and evaluation of the data as to its applicability in meeting the County's modeling objectives. The Consultant will work with County staff and others as needed, to develop a detailed list of potential data sources and targeted stakeholders. Sources for the data will include the County, SFWMD, BCB, USGS, NOAA, and FDEP. Data sources to be evaluated include the following types of information: 1. Hydrogeologic 2. Hydrometerologic 3. Well withdraw zones 4. Known contamination sites 5. Surface water features 6. Geologic and land use reports /documents 7. Population and demand growth rates from the 2012 LWC Water Supply Plan Update 8. Well construction data 9. Consumptive Use Permits for allocations greater than 100,000 gpd 10. Permitted infrastructure 11. Lower West Coast Public Supply Plan 12. Collier County water level data 13. Geomorphology related to groundwater and surface water movement 14. Surface water and groundwater monitoring data for stage, flow, and head. 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -963- 7/7/2015 16.A.19. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 2.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 3.0 Update Existing Collier County MIKE SHE /MIKE11 WMP Model Update the existing model to include features and improvements included in the BCB Floodwatch and the Lower West Coast Water Supply Plan models that are currently under development by the SFWMD. The simulation period will cover the years 2008 through 2014. This task contains the following subtasks: Task 3.1 Perform a Run -time analysis to evaluate the potential of grid cell size reduction from 1500 ft. Task 3.2 Update climate data. Task 3.3 Update land use and associated files. Task 3.4 Modify the MIKE11 network to include new structures and features included in the BCB Floodwatch model. Task 3.5 Modify the hydrogeologic data from Lower West Coast Water Supply Plan model. Task 3.6 Update soil setup as in the BCB model. Task 3.7 Verify model calibration. The Project team will perform the tasks identified within Task 3.0 and then meet with the County (Task 1.0) to discuss the efforts and results associated with the run -time analysis and the potential grid size reduction, model updates, and verification of the calibration. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 3.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. 4. All model input and output files. Task 4.0 Extract Telescoped Scale Models and Define Groundwater Wellhead Protection Areas Individual, high resolution models will be developed for areas 1 -10 in Table 1 and will be used to define groundwater travel times. This task includes several subtasks. 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -964- 7/7/2015 16.A.19. Task 4.1 Run -time analysis — This task will define the appropriate model area and grid size for each telescoped model. It is assumed that each telescoped model will have a grid cell size of 400 feet or less. Task 4.2 Extract Local Scale Models for individual areas 1 -10 as identified in Table 1. This task includes the rediscretization of model inputs at the higher resolution. Task 4.3 Add details to surface water features in the higher resolution. This would include the explicit definition of appropriate secondary or tertiary drainage features, as wells, lakes, canals, and other water storage features and controls in each model area. Task 4.4 Verify telescoped model calibration. Task 4.5 Forward and Reverse Particle tracking methods will be completed using the telescoped models for areas 1 -10 as described in Table 1 to delineate groundwater contributions to each of these wellfields. Protection zones corresponding with 3.06.03 of the LDC will be developed for areas 1 -10 in Table 1 using the telescoped models and the coarse model for area 11 in Table 1. Average -year conditions will be assumed for delineation of the wellfield protection zones. The wellfield protection zone for Area 11, the Port of the Islands Wellfield, defined in Table 1 will be developed using the coarse model. It is acknowledged that the 1 -, 2 -, and 5 -year travel time zones defined for Area 11 may be affected by the grid cell size of the coarse model. Task 4.6 Prepare a water budget analysis. As part of this task, an initial assessment will be completed for areas 1 -11 defined in Table 1 to evaluate the interaction between the canal network and groundwater system. This will be completed using the updated coarse scale model. Monthly average water budgets will be calculated in order to account for the seasonal variations. The results will indicate which areas may be at risk of groundwater contamination associated with predicted losses from the canal network into the groundwater. Deliverables: 1. One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 4.0 in Word and PDF via email. The project team will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical report. 2. One (1) electronic copy of the technical memorandum in PDF via email. 3. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 5.0 Evaluate Contributions from Canal Network and Define Surface Water Protection Zones Based on the results of Task 4.6, it may be necessary to complete a more detailed analysis of surface water contributions to groundwater. This task would be completed using the telescoped models for wellfields that may be affected by surface water contributions. For budgetary purposes it is assumed that no more than six (6) wellfields will require a detailed evaluation and no more than three (3) wellfields will delineation of surface water contributing areas. 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -965- 7/7/2015 16.A.19. Task 5.1 Prepare a detailed evaluation of areas where losses occur from the canal network into groundwater by using the local scale models. This is expected to improve the accuracy of the results produced by the initial assessment using the coarse model and to provide information about new drainage features added during development of the telescoped model. This assessment may differentiate if losses from the canal network are due to the presence of structures (and the seepage around structures), pumping from potable water supply wellfields, or other reasons. Task 5.2 Based on the results of Tasks 4.6 and 5.2, an evaluation of the surface water contributing area for areas 1 -10, 12, and 13 in Table 1 may be required. The surface water drainage basins associated with canal or stream segments that were identified as having the potential to contribute surface water to the groundwater system will be defined using GIS tools that consider the permitted drainage features and topography. Task 5.3 Prepare a memorandum identifying the available information and recommendation of source information to utilize in the development of the final report. Deliverables: One (1) electronic copy of the draft technical memorandum detailing methods, efforts and results of Task 5.0 in Word and PDF via email. The report will provide estimates of surface water contributions (if they exist) for areas 1 -10, 12, and 13 in Table 1. The Consultant will meet with County staff to present the draft memorandum and solicit input from County staff prior to preparing the final technical memorandum. 2. One (1) electronic copy of the technical memorandum in Word and PDF via email. Geospatial maps, tables, diagrams, and other illustrative materials will be prepared and provided to the County for the purpose of discussion and information sharing, as necessary. Task 6.0 Evaluation of Contamination Zones for Known Contributing Areas and Existing Monitoring Well Network This task will better define groundwater flow patterns around other areas of concern including the Pine Ridge Industrial Park, up to five (5) known contamination sites, and ten (10) identified monitoring wells. These areas are identified as items 12, 13, and 14 of Table 1, respectively. Generally speaking, this task can be completed using either the coarse or telescoped models. It is noted that Item 12, the Pine Ridge Industrial Park falls within the expected area of the telescoped model that will be developed for the Coastal Ridge Wellfield and that many of the contamination sites that would be considered from Item 13 also are located within the domain of one of the telescoped models. For budgetary purposes, it is assumed that no additional models will be required to complete this task. Task 6.1 Pine Ridge Industrial Park (Item 12 in Table 1) The location of the Pine Ridge Industrial Park falls within the expected area of the telescoped model that will be developed for the Coastal Ridge Wellfield. Maps that represent groundwater flowfields for the area will be prepared from the Coastal Ridge Wellfield telescoped model. 15 -6452, Modeling Services for Surface Water and Groundwater Management 10 Packet Page -966- 7/7/2015 16.A.19. Task 6.2 Five (5) Known Contamination Sites (Item 13 in Table 1) A maximum of five (5) contamination sites, similar to examples listed in Table 2 below, which will be identified by the County prior to the Consultant beginning Task 7.2. Table 2 - Examples of Contaminated Sites to be Evaluated No. Site Name Cleanup Score Latitude Longitude 1 Hess # 09462 60 26.171228 - 81.791004 2 Sunshine Shell 56 26.186533 - 81.186533 3 US Postal Service 26 26.163246 - 81.790271 4 7- Eleven # 34148 27 26.203443 - 81.799548 5 Courtesy Chevron 26 126.169293 1 - 81.799887 If the five (5) areas identified are within the telescoped models developed during Task 4, graphic outputs of flow patterns and intensities will be extracted directly from the telescoped models. In the event, that one or more contaminated sites are located outside of the telescoped models, graphic outputs of flow patterns and intensities will be extracted from the coarse regional model. Task 6.3 Ten (10) Monitoring Well Sites (Item 14 in Table 1) In this task, graphic outputs of groundwater flow patterns and intensities will be produced for the 10 monitoring well sites identified in Item 14 of Table 1. The results will be extracted from either the coarse regional model, or the telescoped models depending upon the location of each specific well. Deliverables: 1. Geospatial maps and other illustrative materials will be prepared illustrating the graphic flow patterns and intensities for evaluated areas under this task. Term of Contract The contract term, if an award is made will begin upon Board Approval and is intended to be for a one year period, with the option to renew. 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 Aril 20, 2015 Last Date for Receipt of Written Questions May 1, 2015 @ 3:OOPM 15 -6452, Modeling Services for Surface Water and Groundwater Management fill Packet Page -967- 7/7/2015 16.A.19. Addendum Issued Resulting from Written Questions May 15, 2015 Solicitation Deadline Date and Time May 22, 2015 @ 3:OOPM Anticipated Evaluation of Submittals June 2015 Anticipated Completion of Contract Negotiations August 2015 Anticipated Board of County Commissioner's Contract Approval Date September 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 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 In this tab, include: • Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. • Include the name(s), telephone number(s) and email(s) of the authorized contact person(s) concerning proposal. Submission of a signed Proposal is Consultant's certification that the Consultant will accept any awards as a result of this RFP. 2. Tab II, Project Schedule (20 Points) In this tab, include: • Detailed timeline for the project include an estimate timeframe for the completion of each task. 3. Tab III, Modeling Experience and Capacity of Firm (45 Points) In this tab, include: 15 -6452, Modeling Services for Surface Water and Groundwater Management 12 Packet Page -968- 7/7/2015 16.A.19. • Provide information that documents Consultant's qualifications to produce the required deliverables, including abilities, capacity, skill, and financial strength, and number of years of experience in providing the required modeling services. • Provide details of risks that may be associated with the project and how the firm may overcome those risks. • Provide details of unique benefits that the firm offers on this project. • Provide a list of modeling projects your firm has performed on in the format identified below: Project Original Final Project Number of Start Date End Date Change Description Budget Cost Ostlers 4. Tab IV, Specialized Expertise of Team Members (25 Points) In this tab, include: • Description of the proposed contract team and the role to be played by each member of the proposed team. • Describe the various team members' successful experience in working with one another on previous projects. • Attach resumes of all proposed project team members who will be involved in the management of the total package of services, as well as the delivery of specific services. • Attach resumes of any sub - consultants. If sub - consultants are being utilized, letters of intent from stated sub - consultants must be included with proposal submission. 5. Tab V, References — 5 Completed and Returned (10 Points) In order for the Consultant to be awarded any points for this tab, the County requests that the Consultant submits five (5) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal. The County will only use the methodology calculations for the first five (5) references (only) submitted by the Consultant in their proposal. Prior to the Selection Committee reviewing proposals, the following methodology will be applied to each Consultant's information provided in this area: • The County will total each of the Consultant's five reference questionnaires and create a ranking from highest number of points to lowest number of points. References marked with an N/A (or similar notation will be given the score of zero (0)). Consultants who do not turn in reference forms will be counted as zero (0). • The greatest number of points allowed in this criterion will be awarded to the Consultant who has the highest score. • The next highest Consultant's number of points will be divided by the highest Consultant's points which will then be multiplied by criteria points to determine the 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 13 Packet Page -969- 7/7/2015 16.A.19. For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name Consultant Total " Reference Score Points Awarded Consultant ABC 445 20 Consultant DEF 435 19.6 Consultant GHI 425 19.1 Consultant JKL 385 17.3 Consultant MNO 385 17.3 Consultant PQR 250 11.2 Note: Sample chart reflects a 20 point reference criterion. The points awarded by Consultant will be distributed to the Selection Committee prior to their evaluation of the proposals. The Selection Committee will review the Consultant's proposal to ensure consistency and completion of all tasks in the RFP, and review the Points Awarded per Consultant. The Selection Committee may, at their sole discretion, contact references, and /or modify the reference points assigned after a thorough review of the proposal and prior to final ranking by the final Selection Committee. 6. Tab VI, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and /or exclusion of proposal for Selection Committee consideration, depending on the extent of the exception(s). Such determination shall be at the sole discretion of the County and Selection Committee. 7. Tab VII, Required Form Submittals • Attachment 2: Consultant Checklist • Attachment 3: Conflict of Interest Affidavit • Attachment 4: Consultant Declaration Form' • Attachment 5: Immigration Affidavit and company's E- Verify profile page and memorandum of understanding • Attachment 6: Consultant Substitute W9 • Attachment 7: Insurance Requirements • Attachment 8: Reference Questionnaire 15 -6452, Modeling Services for Surface Water and Groundwater Management 14 Packet Page -970- Exhibit II: General RFP Instructions 1. Questions 7/7/2015 16.A.19. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.colliergov.net /bid. Consultants must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Purchasing Department Online Bidding System website. For general questions, please call the referenced Procurement Strategist noted on the cover page. 2. Pre - Proposal Conference The purpose of the pre - proposal conference is to allow an open forum for discussion and questioning with County staff regarding the RFP with all prospective Consultants having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFP. Only written responses to written questions will be considered official, and will be included as part of the RFP as an addendum. All prospective Consultants are strongly encouraged to attend, as, this will usually be the only pre - proposal conference for this solicitation. If this pre - proposal conference is denoted as "mandatory", prospective Consultants must be present in order to submit a proposal response. 3. Compliance with the RFP Proposals must be in strict compliance with this RFP. Failure to comply with all provisions of the RFP may result in disqualification. 4. Ambiguity, Conflict, or Other Errors in the RFP It is the sole responsibility of the Consultant if the Consultant discovers any ambiguity, conflict, discrepancy, omission or other error in the RFP, to immediately notify the Procurement Strategist, noted herein, of such error in writing and request modification or clarification of the document prior to submitting the proposal. The Procurement Strategist will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the Purchasing Department. 5. Proposal, Presentation, and Protest Costs The County will not be liable in any way for any costs incurred by any Consultant in the preparation of its proposal in response to this RFP, nor for the presentation of its proposal and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. 6. Delivery of Proposals 15 -6452, Modeling Services for Surface Water and Groundwater Management 15 Packet Page -971- 7/7/2015 16.A.19. All proposals are to be delivered before 3:OOPM, Naples local time, on or before May 22, 2015 @ 3:OOPM to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colon, Procurement Strategist The County does not bear the responsibility for proposals delivered to the Purchasing Department past the stated date and /or time indicated, or to an incorrect address by Consultant's personnel or by the Consultant's outside carrier. However, the Procurement Director, or designee, reserves the right to accept proposals received after the posted close time under the following conditions: • The tardy submission of the proposal is due to the following circumstances, which may include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS or courier where delivery was scheduled before the deadline. • The acceptance of said proposal does not afford any competing firm an unfair advantage in the selection process. Consultants must submit one (1) paper copy clearly labeled "Master," and 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 16 Packet Page -972- 7/7/2015 16.A.19. The County's procedure for selecting is as follows: 1. The County Manager or designee shall appoint a Selection Committee to review all proposals submitted. 2. Request for Proposals issued. 3. Subsequent to the closing of proposals, the Procurement Strategist will review the proposals received and verify whether each proposal appears to be minimally responsive to the requirements of the published RFP. 4. Meetings will be open to the public and the Procurement Strategist will publicly post prior notice of such meeting in the lobby of the Purchasing Building. 5. The committee members will review each Proposal individually and score each proposal based on the evaluation criteria stated herein. 6. Prior to the first meeting of the selection committee, the Procurement Strategist will post a notice announcing the date, time and place of the first committee meeting. Said notice will be posted in the lobby of the Purchasing Building not less than three (3) working days prior to the meeting. The Procurement Strategist will also post prior notice of all subsequent committee meetings and will endeavor to post such notices at least one (1) day in advance of all subsequent meetings. 7. Collier County will consider all the material submitted by the Proposer and other information Collier County may obtain to determine whether the Proposer is capable of and has a history of successfully completing projects of this type, including, without limitation, additional information Collier County may request, 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 17 Packet Page -973- 7/7/2015 16.A.19. Acceptance of the proposal does not guarantee issuance of any other governmental approvals. Proposals which include provisions requiring the granting of zoning variances may not be considered. 10. References The County reserves the right to contact any and all references submitted as a result of this solicitation. 11. Proposal Selection Committee and Evaluation Factors The County Manager or designee will appoint a Selection Committee to review all proposals submitted. The factors to be considered in the evaluation of proposal responses are listed below. Tab II, Project Schedule 20 Points Tab III, Modeling Experience and Capacity of the Firm 45 Points Tab IV, Specialized Expertise of Team Members 25 Points Tab V, References 10 Points TOTAL 100 Points Tie Breaker: In the event of a tie, both in individual scoring and in final ranking, the firm with the lowest paid dollars by Collier County to the Consultant (as obtained from the County's financial system) within the last five (5) years will receive the higher individual ranking. This information will be based on information provided by the Consultant, subject to verification at the County's option. If there is a multiple firm tie in either individual scoring or final ranking, the firm with the lowest volume of work shall receive the higher ranking, the firm with the next lowest volume of work shall receive the next highest ranking and so on. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 18 Packet Page -974- 4 Exhibit III: Collier County Purchase Order Terms and Conditions Offer This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. Acceptance and Confirmation This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and /or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and /or services, or any similar act by VENDOR. Inspection All goods and /or services delivered hereunder shall be received subject to the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and /or services provided early in the term of the Purchase Order are non - conforming or otherwise rejected by the COUNTY. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier 7/7/2015 16.A.19. regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and /or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -975- 19 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and /or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and /or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. Warranties VENDOR expressly warrants that the goods and /or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to 7/7/2015 16.A.19. the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and /or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and /or services to be provided hereunder. 11. Warranty of Non - Infringement VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and /or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or 15 -6452, Modeling Services for Surface Water and Groundwater Management 20 Packet Page -976- services, or replace or modify the goods or services so that they become non - infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non - exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of 7/7/2015 16.A.19. this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and /or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be 15 -6452, Modeling Services for Surface Water and Groundwater Management 21 Packet Page -977- C) a deemed a waiver of any subsequent default by VENDOR. All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel 7/7/2015 16.A.19. Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and /or Conditions that are most favorable to the County and /or provide the greatest protection to the County shall govern. 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -978- 22 Exhibit IV: Additional Terms and Conditions for RFP 1. Insurance and Bonding Requirements 7/7/2015 16.A.19. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 23 Packet Page -979- 7/7/2015 16.A.19. 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 65% or more of the solicitation amount for said work. 5. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities /project site during and after each work assignment the Consultant is performing. 6. Vendor Performance Evaluation The County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, vendors will be evaluated on their performance upon completion /termination of this Agreement. 7. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 24 Packet Page -980- 7/7/2015 16.A.19. The County's project manager, shall coordinate with the Vendor / Contractor the return of any surplus assets, including materials, supplies, and equipment associated with the scope or work. 8. 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. 9. 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. 10. 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: bccapcierk(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 15 -6452, Modeling Services for Surface Water and Groundwater Management 25 Packet Page -981- d, 7/7/2015 16.A. 19. clearly stating pricing for standard payment methods. An additional separate N......� traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the Finance Division for payment. Payment will be made upon receipt of proper invoice and in compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Collier County reserves the right to withhold and /or reduce an appropriate amount of any payment for work not performed or for unsatisfactory performance of Contractual requirements. 11. 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. 12. 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 15 -6452, Modeling Services for Surface Water and Groundwater Management 26 Packet Page -982- indicating that the entity proposing, as well as the team assigned to the C 7�7/2015 16;A.19. properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non - responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 13. Survivability Bids (ITBs /RFPs): The Consultant agrees that any Purchase Order that extends beyond the expiration date of Solicitation 15 -6452, Modeling Services for Surface Water and Groundwater Management resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Purchase Order. 14. 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. 15. 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. 16. 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. 17. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 27 Packet Page -983- 18. Certificate of Authority to Conduct Business in the State of Florida (Florida Stat,.7/7/2015 16.A.19. In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.org /search.htmi) 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. 19. 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. 20. 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. 21. 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. 22. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 28 Packet Page -984- Contractor shall be required to maintain records on each employee and make the 7/7/2015 16.A. 19. County for at least four (4) years. 23. 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. 24. 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. 25. 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 29 Packet Page -985- Consultant acknowledges, and without exception or stipulation, any firms receiving 7/7/2015 16.A.19. 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 se g. and regulations relating thereto, as either may be amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. 15 -6452, Modeling Services for Surface Water and Groundwater Management 30 Packet Page -986- 7/7/2015 16.A.19. Goer county Administrative Services Department Procurement Services Division Attachment 1: Consultant's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation 15 -6452, Modeling Services for Surface Water and Groundwater Management 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 15 -6452, Modeling Services for Surface Water and Groundwater Management 31 Packet Page -987- 7/7/2015 16.A.19. Co ier County Administrative Services Department Procurern2en; Services Division 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: Evelyn Colon, Procurement Strategist CCNA Solicitation: 15 -6452, Modeling Services for Surface Water and Groundwater Management ❑ 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.) ❑ If submitting a manual bid, include any addenda (initialed and dated noting understanding and receipt). If submitting bid electronically, bidder will need to download all related documents on www.colliergov.net /bid. The system will date and time stamp when the addendum files were downloaded. ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: 15 -6452, Modeling Services for Surface Water and Groundwater Management 32 Packet Page -988- Representative Signature: Representative Name: 7/7/2015 16.A.19. Date 15 -6452, Modeling Services for Surface Water and Groundwater Management 33 Packet Page -989- Copier County Administrative Services Department Procurement Services Division Attachment 3: Conflict of Interest Affidavit 7/7/2015 16.A.19. 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 20 by Notary Public day of , , who is personally known to me to be the for the Firm, OR who produced the following identification My Commission Expires 15 -6452, Modeling Services for Surface Water and Groundwater Management Packet Page -990- 34 7/7/2015 16.A.19. Coiner County Administrative Services Department Procurement Services Division Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: 15 -6452, Modeling Services for Surface Water and Groundwater Management 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: 15 -6452, Modeling Services for Surface Water and Groundwater Management 35 Packet Page -991- Additional Contact Information 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: 7/7/2015 16.A.19. 15 -6452, Modeling Services for Surface Water and Groundwater Management 36 Packet Page -992- 7/7/2015 16.A.19. co ear county Administrative Services Department Procurement 5ervices Division Attachment 5: Immigration Affidavit Certification CCNA Solicitation: 15 -6452, Modeling Services for Surface Water and Groundwater Management 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 Signature State of County of Title Date The foregoing instrument was signed and acknowledged before me this day of , 20_, by who has produced (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration as identification. (Type of Identification and Number) 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. 15 -6452, Modeling Services for Surface Water and Groundwater Management 37 Packet Page -993- caVer county 7/7/2015 16.A.19. Admnistmbve Services Dep=nerd Pra fenwm Se!vloes r,,as on 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 _Corporation (as shown on income tax return) _Tax Exempt (Federal income tax - exempt entity Business Name under Internal Revenue Service guidelines IRC (if different from taxpayer name) 501 (c) 3) Address City State Zip Telephone FAX Email Order Information Remit / Payment Information Address Address City State Zip City State Zip FAX FAX Email Email 2. Company Status (check only one) _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification (D = Disregarded Entity, C = Corporation, P = Partnership 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Consultants who do not have a TIN, will be required to provide a social security number prior to an award). 4. Sign and Date Form: Certification: Under penalties of perjury, I certify that the information shown on this form is correct to MY r7owled e. Signature Date Title Phone Number 15 -6452, Modeling Services for Surface Water and Groundwater Management 38 Packet Page -994- 7/7/2015 16.A.19. CQer Coti mty Administrative Services Department Procurement Services Division Attachment 7: Insurance and Bonding Requirements Insurance'/ Bond Type Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability $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. 4. ® Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $1,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance $ Per Occurrence 15 -6452, Modeling Services for Surface Water and Groundwater Management 39 Packet Page -995- 7/7/2015 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funas, 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. 16.A.19. 8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Ijb 4/13/2015 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 15 -6452, Modeling Services for Surface Water and Groundwater Management 40 Packet Page -996- 7/7/2015 16.A.19. C,01 er County Administrative Services Department Procurement Services Division Attachment 8: Reference Questionnaire Solicitation: 15 -6452, Modeling Services for Surface Water and Groundwater Management 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 Crteria 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 15 -6452, Modeling Services for Surface Water and Groundwater Management 41 Packet Page -997-