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Agenda 03/11/2014 Item # 11C3/11/2014 11.C. EXECUTIVE SUMMARY Recommendation to approve a contract with TKW Consulting Engineers, Inc., in an amount not to exceed $1,429,676 under Request for Proposal No. 13 -6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project 73950. OBJECTIVE: Obtain professional engineering services to upgrade the most critical portions of the electrical and mechanical systems of the North County Water Reclamation Facility (NCWRF) that will result in a high- quality, best value project to serve our wastewater customers reliably and sustainably in full regulatory compliance. CONSIDERATIONS: On June 24, 2008, as Agenda Item IOG, the Board of County Commissioners (Board) adopted the 2008 Wastewater Master Plan Update that identified the requirement for upgrading plant facilities. This project is consistent with the 2008 Wastewater Master Plan Update, Project 73950, "NCWRF Bridge the Gap– User Fee" as shown in Section 8, Table 8 -2, Page 3 of 5, Line 91; and, with the 2013 Wastewater CIP Update, Page 2 of 4, line 77, as identified in the Internal Master Plan Review. On October 8, 2013, as Agenda Item 16(C)1, the Board approved the selection committee rankings that selected TKW Consulting Engineers, Inc., (TKW) to provide the required professional services for Request for Proposal No. 13-6020, and authorized staff to enter into contract negotiations. Staff and TKW successfully negotiated a time and materials contract in an amount not to exceed $1,429,676. TKW is qualified and has extensive experience both designing and inspecting wastewater plant work, specifically the NCWRF Deep Injection Well Pumping Station project. Staff recommends approval of this contract. FISCAL IMPACT: Funding is available in, and is consistent with, the FY2014 Capital Budget approved by the Board on September 19, 2013. The source of funding is Wastewater User Fees Fund (414). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATIONS: That the Board of County Commissioners, Ex -officio the Governing Board of the Collier County Water -Sewer District, approve a contract with TKW Consulting Engineers, Inc., in an amount not to exceed $1,429,676 under Request for Proposal No. 13 -6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project 73950. Prepared by: Peter Schalt, PMT, Senior Project Manager, Public Utilities Planning and Project Management Department Packet Page -324- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.C. 3/11/2014 11.C. Item Summary: Recommendation to approve a contract with TKW Consulting Engineers, Inc., in an amount not to exceed $1,429,676 under Request for Proposal No. 13 -6020, "North County Water Reclamation Facility Electric Reliability and Mechanical Operations Upgrades," Project 73950. Meeting Date: 3/11/2014 Prepared By Name: SchaltPeter Title: Project Manager, Senior, Public Utilities Engineering 2/12/2014 11:11:04 AM Approved By Name: HapkeMargie Title: Recycling Coordinator, Solid Waste Date: 2/12/2014 11:33:29 AM Name: JohnssenBeth Title: Director - Wastewater, Wastewater Date: 2/14/2014 9:07:46 AM Name: JohnsonScott Title: Procurement Specialist, Purchasing & General Services Date: 2/17/2014 4:07:25 PM Name: MarkiewiczJoanne Title: Manager - Procurement, Purchasing & General Services Date: 2/18/2014 12:10:07 PM Name: Evelyn Colon Title: Purchasing - Procurement Specialist Date: 2/18/2014 4:45:39 PM Name: PajerCraig n Title: Project Manager, Principal, Public Utilities Engineering Packet Page -325- Date: 2/19/2014 1:53:23 PM 3/11/2014 1 1.C. Name: ChmelikTom Title: Director - Public Utilities Engineering, Public Utilities Engineering Date: 2/19/2014 2:14:21 PM Name: WardKelsey Title: Manager - Procurement, Purchasing & General Services Date: 2/20/2014 9:46:24 AM Name: Joseph Bellone Title: Director - Operations Support, Utilities Finance Operations Date: 2/24/2014 7:55:11 AM Name: Jon Pratt Title: Plant Manager, Wastewater Date: 2/24/2014 10:57:33 AM Name: HapkeMargie Title: Recycling Coordinator, Solid Waste Date: 2/24/2014 11:03:02 AM Name: YilmazGeorge Title: Administrator - Public Utilities, Public Utilities Division Date: 2/24/2014 12:21:51 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 3/2/2014 10:02:38 AM Name: KlatzkowJeff Title: County Attorney, Date: 3/3/2014 9:16:57 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 3/3/2014 12:41:58 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/3/2014 2:05:45 PM Packet Page -326- 3/11/2014 1 1.C. Contract # 13 -6020 "NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY" or "OWNER ") and TKW Consulting Engineers, Inc., authorized to do business in the State of Florida, whose business address is 5621 Banner Drive, Fort Myers, Florida 33912 (hereinafter referred to as the "CONSULTANT "). WITNESSETH: WHEREAS, the OWNER desires to obtain professional Consulting services of the ^ CONSULTANT concerning Design Services for Electrical Reliability and Mechanical Operations Upgrades (hereinafter referred to as the "Project "), said services being more fully described in Schedule A, "Scope of Services ", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional Electrical and Mechanical Consulting services in all phases of the Project to which this Agreement applies. i Packet Page -327- 9 3/11/2014 11.C. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation ", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and /or retain only qualified personnel to provide such services to OWNER. 1.5. CONSULTANT designates Douglas Eckmann, P.E., BCEE, a qualified licensed professional to serve as the CONSULTANT'S project coordinator (hereinafter referred to as the "Project Coordinator"). The Project Coordinator is authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Further, the Project Coordinator has full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Coordinator shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The Project Coordinator shall not be removed by CONSULTANT from the Project without OWNER'S prior written approval, and if so removed must be immediately replaced with a person acceptable to OWNER. 2 � •;. Packet Page -328 - 3/11/2014 11.C. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request from Owner to promptly remove and replace the Project Coordinator, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, said request may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to OWNER. 1.7. The CONSULTANT represents to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement and has extensive experience with projects similar to the Project required hereunder. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER'S review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all �. applicable laws, statutes, including but not limited to the Local Government Prompt Payment Act (218.735 and 218.76 F.S.), as amended, the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a) -(d) and (3)), ordinances, codes, rules, regulations and requirements of any governmental agencies, and the Florida Building Code where applicable, which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. OWNER'S approval of the design documents in no way relieves CONSULTANT of its obligation to deliver complete and accurate documents necessary for successful construction of the Project. 1.7.1 The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for the following: Tasks not completed within the expressed time frame, including required deliverables, incomplete and/or deficient documents, failure to comply with local, state 3 Packet Page -329- 9 3/11/2014 11.C. and /or federal requirements and /or codes and ordinances applicable to Consultant's performance of the work as related to the project. This list is not deemed to be all- inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if the Consultant fails to correct the deficiency within the specified timeframe, these funds would be forfeited by the Consultant. The County may also deduct or charge the Consultant for services and /or items necessary to correct the deficiencies directly related to the Consultant's non - performance whether or not the County obtained substitute performance. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER'S prior written consent, or unless incident to the proper performance of the CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non - public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. CONSULTANT shall provide OWNER prompt written notice of any such subpoenas. 1.9 As directed by OWNER, all plans and drawings referencing a specific geographic area must be submitted in an AutoCad Digital Exchange File (DXF) format on a CD or DVD, drawn in the Florida State Plane East (US Feet) Coordinate System (NAD 83/90). The drawings should either reference specific established Survey Monumentation, such as Certified Section Corners (Half or Quarter Sections are also acceptable), or when implemented, derived from the RTK(Real -Time Kinematic) GPS Network as provided by OWNER. Information layers shall have common naming conventions (i.e. right -of -way - ROW, centerlines - CL, edge -of- pavement - EOP, etc), and adhere to industry standard CAD specifications. 4 Y Packet Page -330- 3/11/2014 11.C. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER through a Change Order to this Agreement, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. The agreed upon scope, compensation and schedule for Additional Services shall be set forth in the Amendment authorizing those Additional Services. With respect to the individuals with authority to authorize Additional Services under this Agreement, such authority will be as established in OWNER'S Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. These services will be paid for by OWNER as indicated in Article Five and Schedule B. Except in an emergency endangering life or property, any Additional Services must be approved in writing via an Amendment to this Agreement prior to starting such services. OWNER will not be responsible for the costs of Additional Services commenced without such express prior written approval. Failure to obtain such prior written approval for Additional Services will be deemed: (i) a waiver of any claim by CONSULTANT for such Additional Services and (ii) an admission by CONSULTANT that such Work is not additional but rather a part of the Basic Services required of CONSULTANT hereunder. If OWNER determines that a change in the Agreement is required because of the action taken by CONSULTANT in response to an emergency, an Amendment shall be issued to document the consequences of the changes or variations, provided that CONSULTANT has delivered written notice to OWNER of the emergency within forty -eight (48) hours from when CONSULTANT knew or should have known of its occurrence. Failure to provide the forty-eight (48) hour written notice noted above, waives CONSULTANT'S right it otherwise may have had to seek an adjustment to its compensation or time of performance under this Agreement. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be -"*, furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. s a Packet Page -331- 3/11/2014 1 1.C. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER'S schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT'S control and fault. 2.3 Providing renderings or models for OWNER'S use. 2.4 Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining such process licensing. 2.5. Furnishing services of independent professional associates and consultants for other than the Basic Services to be provided by CONSULTANT hereunder. 2.6. Services during travel outside of Collier and Lee Counties required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.7 Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.8. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 6 a Packet Page -332- 3/11/2014 1 1.C. 2.9 Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County as part of the Basic Services in accordance with generally accepted professional practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project manager to act as OWNER'S representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Manager'). The Project Manager shall have authority to transmit instructions, receive information, interpret and define OWNER'S policies and decisions with respect to CONSULTANT'S services for the Project. However, the Project Manager is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Project Manager shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; 7 a Packet Page -333- 3/11/2014 11.C. (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT'S disposal all available information in the OWNER'S ^ possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to the Project; (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Milestone Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the speck cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension for that specific delay. 8 a Packet Page -334- 3/11/2014 11.C. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or /0'� progress of CONSULTANT'S services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT'S sole remedy against OWNER will be the right to seek an extension of time to its schedule provided, however, the granting of any such time extension shall not be a condition precedent to the aforementioned "No Damage For Delay" provision. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of CONSULTANT, the services to be provided hereunder have been delayed for a total of 180 calendar days, CONSULTANT'S compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT, if any, as a result of such delays. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT'S performance is or will shortly be back on schedule. 4.5 In no event shall any approval by OWNER authorizing CONSULTANT to continue performing Work under this Agreement or any payment issued by OWNER to CONSULTANT be deemed a waiver of any right or claim OWNER may have against CONSULTANT for delay or any other damages hereunder. 9 a Packet Page -335- 3/11/2014 11.C. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation ", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon the completion or termination of this Agreement, as directed by OWNER, CONSULTANT shall deliver to OWNER copies or originals of all records, documents, drawings, notes, tracings, plans, Auto CADD files, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for CONSULTANT under this Agreement ( "Project Documents "). OWNER shall specify whether the originals or copies of such Project Documents are to be delivered by CONSULTANT. CONSULTANT shall be solely responsible for all costs associated with delivering to OWNER the Project Documents. CONSULTANT, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement to the contrary and without requiring OWNER to pay any additional compensation, CONSULTANT hereby grants to OWNER a nonexclusive, irrevocable license in all of the Project Documents for OWNER'S use on this Project. CONSULTANT warrants to OWNER that it has full right and authority to grant this license to OWNER. Further, CONSULTANT consents to OWNER'S use of the Project Documents to complete the Project following CONSULTANT'S termination for any reason or to perform additions to or remodeling, replacement or renovations of the Project. CONSULTANT also acknowledges OWNER may be making Project Documents available for review and information to various third parties and hereby consents to such use by OWNER. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by to Packet Page -336- TO n 3/11/2014 11.C. CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later, or such later date as may be required by law. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above, or such later date as may be required by law; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. To the maximum extent permitted by Florida law, CONSULTANT shall indemnify and hold harmless OWNER, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or anyone employed or utilized by the CONSULTANT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. (Remainder of page intentionally left blank) 11 Packet Page -337- 3/11/2014 1 1.C. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. 9.2 All insurance shall be from responsible companies duly authorized to do business in the State of Florida. 9.3 All insurance policies required by this Agreement shall include the following provisions and conditions by endorsement to the policies: 9.3.1. All insurance policies, other than the Business Automobile policy, Professional Liability policy, and the Workers Compensation policy, provided by CONSULTANT to meet the requirements of this Agreement shall name Collier County Government, Collier County, Florida, as an additional insured as to the operations of CONSULTANT under this Agreement and shall contain a severability of interests provisions. 9.3.2. Companies issuing the insurance policy or policies shall have no recourse against OWNER for payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk of CONSULTANT. 9.3.3. All insurance coverage of CONSULTANT shall be primary to any insurance or self - insurance program carried by OWNER applicable to this Project, and the "Other Insurance" provisions of any policies obtained by CONSULTANT shall not apply to any insurance or self - insurance program carried by OWNER applicable to this Project. 9.3.4. The Certificates of Insurance must read: For any and all work performed on behalf of Collier County, or reference this contract number. 9.3.5. All insurance policies shall be fully performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. 9.4. CONSULTANT, its subconsultants and OWNER shall waive all rights against each other for damages covered by insurance to the extent insurance proceeds are paid and received by 12 a Packet Page -338- ^ n. 3/11/2014 11.C. OWNER, except such rights as they may have to the proceeds of such insurance held by any of them. 9.5 All insurance companies from whom CONSULTANT obtains the insurance policies required hereunder must meet the following minimum requirements: 9.5.1. The insurance company must be duly licensed and authorized by the Department of Insurance of the State of Florida to transact the appropriate insurance business in the State of Florida. 9.5.2. The insurance company must have a current A. M. Best financial rating of "Class VI" or higher. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT'S own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. 10.2 Attached as Schedule F is a listing of all key personnel CONSULTANT intends to assign to the Project to perform the Services required hereunder. Such personnel shall be committed to this Project in accordance with the percentages noted in Schedule F. CONSULTANT also has identified each subconsultant and subcontractor it intends to utilize on the Project in Schedule F. All personnel, subconsultants and subcontractors identified in Schedule F shall not be removed or replaced without OWNER'S prior written consent. 13 Packet Page -339- a 3/11/2014 11.C. 10.3 CONSULTANT is liable for all the acts or omissions of its subconsultants or subcontractors. By appropriate written agreement, the CONSULTANT shall require each subconsultant or subcontractor, to the extent of the Services to be performed by the subconsultant or subcontractor, to be bound to the CONSULTANT by the terms of this Agreement, and to assume toward the CONSULTANT all the obligations and responsibilities which the CONSULTANT, by this Agreement, assumes toward the OWNER. Each subconsultant or subcontract agreement shall preserve and protect the rights of the OWNER under this Agreement with respect to the Services to be performed by the subconsultant or subcontractor so that the subconsulting or subcontracting thereof will not prejudice such rights. Where appropriate, the CONSULTANT shall require each subconsultant or subcontractor to enter into similar agreements with its sub- subconsultants or sub - subcontractors. 10.4 CONSULTANT acknowledges and agrees that OWNER is a third party beneficiary of each contract entered into between CONSULTANT and each subconsultant or subcontractor, however nothing in this Agreement shall be construed to create any contractual relationship between OWNER and any subconsultant or subcontractor. Further, all such contracts shall provide that, at Owner's discretion, they are assignable to OWNER upon any termination of this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT'S acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, and except those previously made in writing in accordance with the terms of this Agreement and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT'S services nor payment by OWNER shall be deemed to be a waiver of any of OWNER'S rights against CONSULTANT. 14 Packet Page -340- 3/11/2014 11. C. ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) CONSULTANT'S failure to begin services under the Agreement within the times specified under the Notice(s) to Proceed, or (b) CONSULTANT'S failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT'S principals, officers or directors, or (d) CONSULTANT'S failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) CONSULTANT'S failure to perform or abide by the terms and conditions of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against is a Packet Page -341- 3/11/2014 11.C. OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigate all such costs to the greatest extent reasonably ^ possible. 12.4. Upon termination and as directed by Owner, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including those described in Section 6, that are in CONSULTANT'S possession or under its control. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT'S sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein 12.6 In the event (i) OWNER fails to make any undisputed payment to CONSULTANT within forty -five (45) days after such payment is due or such other time as required by Florida's Prompt Payment Act or (ii) OWNER otherwise persistently fails to fulfill some material obligation owed by OWNER to CONSULTANT under this Agreement, and (ii) OWNER has failed to cure such default within fourteen (14) days of receiving written notice of same from CONSULTANT, then CONSULTANT may stop its performance under this Agreement until such default is cured, after giving OWNER a second fourteen (14) days written notice of CONSULTANT's intention to stop performance under the Agreement. If the Services are so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the CONSULTANT or its subconsultant or subcontractor or their agents or employees or any other persons performing portions of the Services under contract with the CONSULTANT, the CONSULTANT may terminate this Agreement by giving written notice to OWNER of CONSULTANT'S intent to terminate this Agreement. If OWNER does not cure its default within fourteen (14) days after 16 a Packet Page -342- n 3/11/2014 11.C. receipt of CONSULTANT'S written notice, CONSULTANT may, upon fourteen (14) additional days' written notice to the OWNER, terminate the Agreement and recover from the Owner payment for Services performed through the termination date, but in no event shall CONSULTANT be entitled to payment for Services not performed or any other damages from Owner. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth -In- Negotiation Certificate, attached hereto and incorporated herein as Schedule E, certifying that wage rates and other factual unit costs supporting the compensation for CONSULTANT'S services to be provided under this Agreement are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct ©r indirect, which would conflict in any manner with the performance of services 17 Packet Page -343- a 3/11/2014 1 1.C. required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand, by fax, or by United States Postal Service Department, first class mail service, postage prepaid, addressed to the following OWNER'S address of record: Board of County Commissioners Collier County Florida Purchasing Department 3327 Tamiami Trail East Naples, FL 34112 Attention: Joanne Markiewicz, Director, Procurement Services Telephone: 239 - 252 -8407 Fax: 239 - 252 -6480 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand, by fax or by the United States Postal Service Department, first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: TKW Consulting Engineers, Inc. 5621 Banner Drive Fort Myers, Florida Phone: 239 -278 -1992; Fax: 239 - 278 -0922 Attn: Douglas Eckmann, P.E., BCEE, Chief Operations Officer and Engineer Manager Email douglas .eckmann(c'-)tkwonline.com 18 Packet Page -344- C 3/11/2014 11.C. 16.3. Either party may change its address of record by written notice to the other party given in ^ accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interests of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. 19 Packet Page -345- 3/11/2014 1 1.C. 17.7 Unless otherwise expressly noted herein, all representations and covenants of the parties shall survive the expiration or termination of this Agreement. 17.8 This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 17.9 The terms and conditions of the following Schedules attached hereto are by this reference incorporated herein: Schedule A SCOPE OF SERVICES Schedule B BASIS OF COMPENSATION Schedule C PROJECT MILESTONE SCHEDULE Schedule D INSURANCE COVERAGE Schedule E TRUTH IN NEGOTIATION CERTIFICATE Schedule F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS RFP # 13 -6020 "NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades ", Terms and Conditions ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 20 _a Packet Page -346- 3/11/2014 1 1.C. ARTICLE NINETEEN SECURING AGREEMENT /PUBLIC ENTITY CRIMES 19.1 CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, CONSULTANT shall sign and deliver to OWNER the Truth -In- Negotiation Certificate identified in Article 13 and attached hereto and made a part hereof as Schedule E. CONSULTANT'S compensation shall be adjusted to exclude any sums by which OWNER determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 19.2 By its execution of this Agreement, CONSULTANT acknowledges that it has been informed by OWNER of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." 21 OF Packet Page -347- 3/11/2014 11.C. ARTICLE TWENTY DISPUTE RESOLUTION 20.1 Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of CONSULTANT with full decision- making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of CONSULTANT with full decision - making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 20.2 Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ARTICLE 21 IMMIGRATION LAW COMPLIANCE 21.1 By executing and entering into this agreement, the CONSULTANT is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seg. and regulations relating thereto, as either may be amended. Failure by the CONSULTANT to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 22 } Packet Page -348- 3/11/2014 11.C. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to Form and Legality: 04 Assistant County Attomey Name Witness Name and Title Witness Name and Title n BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, By: Tom Henning, Chairman TKW Consulting Engineers, Inc. By: Name and Title 23 Packet Page -349- D/ 3/11/2014 1 1.C. SCHEDULE A SCOPE OF SERVICES The general scope of this project is to provide electrical, civil, and mechanical design services to upgrade the existing electric service No. 1 at the North County Water Reclamation Facility to Class 1 reliability standards and to upgrade the irrigation quality water facilities to allow isolation of each pass of the effluent filters to facilitate routing of the resultant water to the desired end location. All facilities designed under this project shall be integrated into the treatment plants SCADA system. SCOPE OF WORK: This project may include professional engineering services for the pre- design, design, permitting, construction administration (partial), post- design, training; operational support and additional services for the NCWRF Class 1 Electrical Reliability and Multiple Compliance Points project. Task 1.0 Design 1.1 Project Management CONSULTANT will provide all necessary work effort to perform management and administration of its project tasks throughout the duration of the project. 1.1.1 Project Initiation Meeting CONSULTANT will prepare, conduct, and attend an initial project team meeting with COUNTY project staff and COUNTY's Project Manager. 1.2 Surveying CONSULTANT will provide the services of a Florida - licensed surveyor for existing conditions, survey of the treatment facility project area to establish baseline conditions for the Design Report and to establish control points for hydraulic profiles and construction staking. Task 1.3 Preliminary Desian 1.3.1 Prepare Technical Memoranda CONSULTANT will prepare a series of draft technical memoranda presenting evaluations of existing systems and alternatives. Each technical memorandum will discuss advantages and disadvantages of proposed alternatives, along with recommended improvements. Evaluations will consist of capital cost, present worth, operation and maintenance costs and functional analyses, as applicable. Draft technical memoranda will be prepared for each of the following topics: 1. Civil /Site Work/Paving, Grading and Drainage, and Yard Piping 2. Hydraulic Profile 3. Reclaimed Water Pumping/Transmission (and Reject Water Handling) 4. Electrical Systems 5. Control and Information Systems 6. Probable Opinion of Construction and Operation and Maintenance Cost 7. Construction Sequencing and Probable Construction Schedule A -1 Packet Page -350- 3/11/2014 11.C. In -House QA/QC Reviews Each draft technical memorandum will receive a CONSULTANT in -house QA/QC review prior to �., submittal to COUNTY. These reviews will consist of comments from senior level staff members and identify document compliance with applicable codes and standards. n Review with COUNTY Each draft technical memorandum will be distributed to COUNTY (eight copies) in hard copy, MSWord format and PDF format, approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input. It is anticipated that each draft technical memorandum will require one review meeting/workshop. Finalize Technical Memoranda Based on comments received from COUNTY, CONSULTANT will finalize each technical memorandum. Eight copies in hard copy, MSWord format and PDF format of each will be forwarded to COUNTY for final acceptance. 1.3.2 Prepare Draft Design Report CONSULTANT will prepare a draft design report containing a compilation of COUNTY accepted technical memoranda, along with additional information that may include, soil borings, subsurface explorations, and other investigations necessary for establishing a baseline from which to proceed with the final design of the project. The draft design report will also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly indicate the considerations involved, including applicable requirements of all governmental agencies having jurisdiction on the project, and setting forth CONSULTANT's recommendations for proceeding with the preliminary design of the project. The design report will include CONSULTANT's professional evaluation of COUNTY's project budget for this project based on the 30% design completion level cost estimate. Eight (8) copies in hard copy, MSWord format and PDF format of the draft design report will be submitted to COUNTY. Review with COUNTY Approximately two weeks after delivery of the draft design report to COUNTY, CONSULTANT will schedule up to two meetings with COUNTY to review and incorporate comments. 1.3.3 Prepare Final Design Report Based on results of the review meeting(s) with COUNTY, CONSULTANT will prepare a final design report. Eight (8) copies in hard copy, MSWord format and PDF format of the final design report will be submitted to COUNTY. Review and Final Acceptance by COUNTY CONSULTANT will meet once with COUNTY to establish agreement and acceptance of the recommendations made in the final design report. The accepted report will then serve as the basis of design, upon which the preliminary design documents will be based. An electronic copy will then be submitted to the COUNTY. A -2 r, Packet Page -351- 3/11/2014 1 1.C. 1.3.4 Prepare Electrical Contingency Plans CONSULTANT will evaluate remote MCC loads, develop a load contingency plan, prepare remote load contingency design, and review the remote MCC load contingency plan with COUNTY staff Task 1.4 Final Design 1.4.1 Preparation of 60% Documents Upon receiving final acceptance of the Design Report from COUNTY, CONSULTANT will commence with the preparation of preliminary design contract documents (drawings and technical specifications) for the NCWRF project. Documents will be prepared for the following proposed improvements and disciplines: 1. Civil /Site Work/Paving, Grading and Drainage 2. Yard Piping 3. IQ Pumping/Transmission (and Reject Water Handling) 4. Structural Design, if any 5. Architectural Design, if any 6. Electrical Design 7. Control and Instrumentation System Design 8. Plumbing Design Improvements to be designed per the recommended criteria as presented in the final design report developed under Task 1.3.3. Cost Estimate (60% Completion Level) CONSULTANT will prepare cost estimates intended to provide COUNTY with an up to date progress estimate of projected probable construction costs. Eight (8) hard copies, MSWord format and PDF format electronic copy of the estimates will be prepared and forwarded to COUNTY at the 60 percent design completion stage. Project Peer Review CONSULTANT will conduct a 60 percent completion stage project peer review to provide QA/QC of the contract documents and cost estimate prior to submittal to COUNTY. The review will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day -to -day activities of the project to ensure a "fresh eyes" review. Reviews with COUNTY CONSULTANT will schedule review meetings /workshops with COUNTY to receive input at the 60 percent design completion stage of each bid package. CONSULTANT, based on comments received from COUNTY, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended expansion criteria developed in the final design report. 1.4.2 Preparation of 90% Documents Based on input received from COUNTY at review meetings during the 60% design phase (Task 1.4.1) and associated design reviews CONSULTANT will prepare the proposed final (90 %) contract documents. A -3 Packet Page -352- y 3/11/2014 11.C. Project Peer Review CONSULTANT will conduct a 90 percent completion stage project peer review to provide QA/QC of the final contract documents and cost estimate prior to submittal to COUNTY. The review will include final interdisciplinary checks, general coordination, operational, and constructability issues, and will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day -to -day activities of the project to ensure a "fresh eyes" review. Delivery of Proposed Final Documents CONSULTANT will furnish COUNTY with eight (8) hard copies and an MSWord format and PDF format electronic copy of proposed final contract documents and the 90% completion level detailed opinion of probable construction cost. Review and Revisions to the 90% Contract Documents Approximately two (2) weeks after delivery of the proposed final contract documents to COUNTY, CONSULTANT will schedule a review meeting with COUNTY, so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. These reviews do not include scope changes to the recommended expansion criteria developed in the design report, but only reductions to the overall work effort as necessary to meet the project construction budget. 1.4.3 Site Development Permit CONSULTANT will prepare a Site Development Permit (SDP) for the anticipated expansions to the electrical buildings to accommodate the electrical reliability upgrades. CONSULTANT will prepare for, attend, and conduct a pre - application meeting with Collier County development review. CONSULTANT will perform a site survey in support of the development plan (see Task 1.2). CONSULTANT will prepare drawings in support of an application for site development, prepare the application, and will respond to a reasonable number of requests for additional information and respond to review questions. 1.4.4 Preparation of 100% Documents CONSULTANT will incorporate COUNTY comments and prepare one master set of originals and an MSWord format and PDF format electronic copy of the final (100% complete) contract documents, as revised per items addressed under Task 1.4.2. Final bid ready documents will be forwarded to COUNTY for final acceptance prior to bid. CONSULTANT will address any final minor comments on the bid ready documents. The COUNTY will reproduce all necessary copies of contract documents required during the bidding process. Task 1.5 Permittina Services CONSULTANT will prepare and submit construction permit applications pertaining to the NCWRF project. The scope of this project anticipates the following permitting: 1. Florida Department of Environmental Protection (FDEP) Environmental Resource Permit and the FDEP Permit to Construct. 2. Collier County Growth Management Division Site Development Plan (SDP) or Amendment, whichever is applicable (See Task 1.4.3). A4 Packet Page -353- CCD 3/11/2014 11.C. 3. Initial application for South Florida Water Management District (SFWMD) dewatering permits required for construction. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. 4. Initial application for Collier County Growth Management building permits, if required. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. 5. CONSULTANT will meet with the jurisdictional agencies noted in Task 1.5 to facilitate issuance of necessary permits. It is assumed that the COUNTY will pay all County permit fees by interdepartmental transfer; and COUNTY will pay all other fees through a separate line item on this task order. If additional permits are required, CONSULTANT shall notify COUNTY to establish schedule for additional fees, as necessary. Task 1.6 Construction Bid Services 1. CONSULTANT may assist COUNTY in developing criteria and documentation associated with the prequalification of acceptable construction contractors prior to issuing the contract documents for bidding. 2. CONSULTANT will assist COUNTY by: providing interpretation and clarification of Contract Documents during bidding; attending pre -bid meeting with prospective bidders; attending the bid opening; assist COUNTY in the preparation of the bid tabulation sheets and assist COUNTY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; assist COUNTY in evaluation bidder's previous experience, if necessary; preparation of technical information for addenda issued by COUNTY as appropriate to interpret or clarify contract documents. 3. CONSULTANT may provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents. 4. CONSULTANT may provide COUNTY with recommendations concerning the acceptability of substitute materials and equipment proposed by bidder (s) when substitution prior to the award of contracts is allowed by the Contract Documents. 5. CONSULTANT will provide COUNTY with a recommendation to make a contract award to lowest responsive bidder. 6. In the event that construction bids exceed the CONSULTANT'S final estimate of probable construction cost by more than fifteen (15) percent, CONSULTANT will, at its expense, analyze the cause or causes of the overrun and provide suggestions to correct the same. Task 2.0 Construction Contract Administration, Post Design and Services during Construction The CONSULTANT will provide an experienced, competent engineer(s) for the types of work in this section of the project. The following activities outline the post design and services during construction anticipated to be provided during the construction, start-up, and project close -out: A -5 d Packet Page -354- `�' 3/11 /2014 11.C. 1. Attendance at the pre - construction meeting. Schedule and attend all progress meetings and conferences with the COUNTY and contractors only as directed by the COUNTY. Prepare agenda and distribute meeting minutes for meetings conducted. Coordinate all subsequent start up, design resolution, differing field conditions, and punch list walk through meetings, prepare agenda and distribute meeting minutes for meetings conducted. Prepare a list of issues needing resolutions after every meeting and ensure that they are fulfilled. 2. Coordinate construction field activities with the operational staff at the NCWRF with adequate notice and coordination so as not to interfere with operations of the facility and the ability to provide wastewater and irrigation quality water services to our customers as directed by the COUNTY. 3. If requested by COUNTY review and evaluate the proposed construction schedule and the schedule of values used for progress payment purposes. Provide input and recommendations to the COUNTY project manager and operations staff. 4. If requested by COUNTY coordinate construction and design issues with the COUNTY, COUNTY's consultant for CEI services if used, and contractor. 5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations from the Contract Documents. Notify COUNTY of any such requested deviations or substitutions and when reasonably necessary, provide COUNTY with a recommendation concerning same. 6. Provide timely review, recommendations and approval of shop drawings, submittal information and O & M Manuals. Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data that Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. 7. Respond to Requests for Information from the contractor within seven working days. Coordinate requests with COUNTY's project manager and operational staff at NCWRF. 8. If requested by COUNTY provide construction contract administration consisting of: a. Review of payment applications, b. Review of construction schedule updates and field progress, c. Review of change order requests and preparation of work directives and change orders, d. Assistance in administration of additional work under the Contract Allowance Bid item. e. Review record drawings for completeness and accuracy on a daily basis. f. Review contractor's as- built/record drawing progress. g. Review final O &M manuals submitted by contractor. h. Certify project/contract completion. i. Attend start ups. j. Provide and /or coordinate training to plant personnel. k. Prepare, sign, and seal final record drawings. I. Certify to FDEP that the project and permit conditions have been finalized. 9. Provide operational coordination to assist the County to maintain continuous compliance with FDEP requirements and to maintain production of irrigation quality (IQ) water. A-6 Packet Page -355- 3/11/2014 11.C. 10. Conduct periodic site observation of construction as necessary and /or directed by COUNTY to achieve the tasks and scope of work in this RFP, and provide site visit reports with photographs to the COUNTY via electronic E- mails. 11. Attend project meetings in order to monitor progress, respond to field issues, communicate with the contractor, and coordinate communications with the contractor and COUNTY project manager and operational staff at NCWRF. 12. Record Drawings: Prepare and submit to COUNTY upon completion of construction of Project, five (5) sets of signed and sealed record drawings, and MSWord format and PDF format copies of the work constructed and electronically on AutoCAD disks (current COUNTY version), including those changes made during the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. Construction engineering and inspection (CEI) services will be provided to the COUNTY by others under a separate Contract. It is assumed that the CEI firm will update contract documents on a monthly basis and provide electronic and hard copies of contract document updates to the CONSULTANT throughout the construction period. It is further assumed that the CEI firm will provide a complete, signed and sealed set of as -built contract documents to the CONSULTANT for use in preparing reproducible and electronic record drawings. Task 3.0 Operations Support Services 3.1 Update Operations Manual CONSULTANT will update the Existing NCWRF Operations Manual As Follows: 1. Each section of the Operations Manual will contain single - colored process schematics and diagrams for Operator reference. Isometric diagrams may also be utilized when necessary to provide better understanding of the process. 2. Eight (8) draft hard copies, MSWord format and PDF format copies of the Operation Manual will be submitted to COUNTY for their review and comment. 3. Based upon review comments received, the Operations Manual will be updated. 4. Eight (8) hard copies, MSWord format and PDF copies of the final operations manual will be provided to COUNTY. The COUNTY has standardized on the ANTERO computerized maintenance management system (CMMS) for the scheduling of preventative and corrective maintenance tasks. The COUNTY will provide the CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. The CONSULTANT will populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed operation and maintenance manuals of all equipment furnished under this project. The CONSULTANT will provide the COUNTY with an electronic copy of the populated maintenance data table. The COUNTY will update the ANTERO Task Manager software with the populated maintenance data table. 3.2 Operator Training CONSULTANT will provide meetings with the facilities operational staff to review operational data, observe trends, and correlate system performance observations with collected operational data. This task will focus on optimizing system performance, and reduce operational costs. Training shall be furnished through verbal communications and through workshops held on site. Four workshops are assumed. The facility is a 24 hour, 7 day per week operations facility. The A -7 Packet Page -356- 3/11/2014 11.C. CONSULTANT will have to coordinate so that a majority of the shift worker can attend. Coordination with the Plant Manager is required. 3.3 Process Startup Assistance Provide one personnel experienced in plant startups to oversee the startup activities of the new facilities on an as- needed basis. The responsibilities of the startup personnel may include: 1. Review of Contractor's cleaning, testing, and startup procedures. 2. Review and approval of Contractor's component and system tests. 3. Review designed system for operability and maintenance. 4. Coordinate initial operations with COUNTY and the Resident Project Representative. 5. Recommend to the COUNTY the acceptance of equipment and /or systems. 6. Recommend and establish operating procedures for all systems and process. 7. Review, observe and accept startup procedures to verify that proposed protocol is in conformance with the intent of the Contract Documents. B. Assist COUNTY in data collection and trending during and following startup for process control and completion of monthly operating reports. 3.4 Operations Support CONSULTANT will provide technical support to COUNTY, training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season and IQ high). --, Allowance Items: Laboratory Testing and Geotechnical Services CONSULTANT will specify and coordinate laboratory testing and geotechnical work associated with the characterization of soils for structural design. CONSULTANT will specify the recommended laboratory testing of materials during construction. Geotechnical and related investigations for design are covered by allowances for these outside services. Allowances have been established for supporting technical and related services that may be required for completion of the project. Use of allowances will be based on determination of need by County Project Manager or his designee, and may include, but not be limited to the following: • Geotechnical Investigations for Foundation Design • Allowance for permit fees pay by CONSULTANT • Soft -digs and Exploratory Underground Investigation • Document Production • Underground Conduit Survey • MCC Load Testing • Allowance for services of Registered Landscape Architect in support of Site Development Permit requirements A -8 Packet Page -357- 3/11/2014 11.C. SCHEDULE B BASIS OF COMPENSATION TIME AND MATERIAL 1. MONTHLY STATUS REPORTS B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of its monthly invoice, a progress report reflecting the Project design and construction status, in terms of the total work effort estimated to be required for the completion of the Basic Services and any then - authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B1.1.1 All monthly status reports and invoices shall be mailed to the attention of Peter Schalt Senior Proiect Manager, Public Utilities Engineering, 3339 Tamiami Trail, East, Suite 301, Naples, Florida 34112 2. COMPENSATION TO CONSULTANT B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. TASK DESCRIPTION NOT TO EXCEED AMOUNT: 1. Design $770,935.00 2. Construction Contract, Post Design and $526,001.00 Services During Construction 3. Operations Support Services $61,740.00 Allowance Laboratory Testing and Geotechnical $71,000.00 Items Services TOTAL FEE (Total Tasks 1 -3 & $1.429,676.00 Allowance Items B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Schedule B. B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time records, and any other documentation reasonably required by OWNER, regarding CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved by OWNER. B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Schedule B and all Reimbursable Expenses shall comply with the s -t Packet Page -358- 3/11/2014 11.C. provisions of Section 3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without OWNER'S prior written approval. B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total and complete amount payable to CONSULTANT for the Basic Services to be performed under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out -of- pocket expenses incurred in the performance of all such services. B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, CONSULTANT shall continue to perform the Services required of it under this Agreement, as directed by OWNER, pending resolution of the dispute provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not dispute are due and payable. 3. SCHEDULE OF PAYMENTS B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and Reimbursable Expenses earned that month for both Basic Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by Owner. Additionally, the number of the purchase order granting approval for such services shall appear on all invoices. 8.3.1.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner has determined CONSULTANT has completed such task as of that particular monthly billing. B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.3.5 Unless specific rates have been established in Attachment 1, attached to this Schedule B, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be B -2 Packet Page -359- T 3/11/2014 11.C. utilized by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum markup of 5% on the fees and expenses associated with such subconsultants and subcontractors. 8.3.5.1 Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark -up by the CONSULTANT, and shall consist only of the following items: B.3.5.1.1. Cost for reproducing documents that exceed the number of documents described in this Agreement and postage and handling of Drawings and Specifications. B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by OWNER. Such expenses, if approved by OWNER, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may include mileage for trips that are from /to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.3.5.1.3. Permit Fees required by the Project. 8.3.5.1.4 Expense of overtime work requiring higher than regular rates approved in advance and in writing by OWNER. B.3.5.1.5 Expense of models for the County's use. B.3.4.1.6 Other items on request and approved in writing by the OWNER. B -3 Packet Page -360- 3/11/2014 11.C. SCHEDULE B — Attachment 1 CONSULTANT'S AND SUB - CONSULTANT'S HOURLY RATE SCHEDULE Title Hourly Rate Principal Engineer $195 Senior Project Manager /Senior Design Engineer $165 Senior Engineer $155 Project Engineer $119 Designer $100 CADD Technician $85 Professional Surveyor and Mapper $130 Survey Crew — 2 man $130 Clerical $60 Operations Specialist $115 BA Packet Page -361- 3/11/2014 11.C. SCHEDULE C PROJECT MILESTONE SCHEDULE c -i Packet Page -362- �� Cumulative Number of Number of Calendar Days Task No. Task Name/Title Calendar Da s For Completion For Completion of Each Task from Date of Notice to Proceed Design and Production of Construction Documents including Bid Phase Services Post Design and Services During 550 1,030 Construction Post Construction Services 90 Reimbursable Services On-going as approved during Task 1 c -i Packet Page -362- �� 3/11/2014 11.C. �-� SCHEDULE D INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If CONSULTANT has any self - insured retentions or deductibles under any of the below listed minimum required coverages, CONSULTANT must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self - insured retentions or deductibles will be CONSULTANT'S sole responsibility. (2) The insurance required by this Agreement shall be written for not less than the limits specked herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the services until the date of completion and acceptance of the Project by the OWNER or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the OWNER shall be filed with the OWNER within ten (10) calendar days after Notice of Award is received by CONSULTANT evidencing the fact that CONSULTANT has acquired and put in place the insurance coverages and limits required hereunder. In addition, certified, true and exact copies of all insurance polices required shall be provided to OWNER, on a timely basis, if requested by OWNER. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the OWNER. CONSULTANT shall also notify OWNER, in a like manner, within twenty -four (24) hours after receipt, of any notices of expiration, cancellation, non- renewal or material change in coverages or limits received by CONSULTANT from its insurer, and nothing contained herein shall relieve CONSULTANT of this requirement to provide notice. In the event of a reduction in D -1 Packet Page -363- 3/11/2014 11.C. the aggregate limit of any policy to be provided by CONSULTANT hereunder, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted ^ under such policy. (5) All insurance coverages of the CONSULTANT shall be primary to any insurance or self insurance program carried by the OWNER applicable to this Project. (6) The acceptance by OWNER of any Certificate of Insurance does not constitute approval or agreement by the OWNER that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) CONSULTANT shall require each of its subconsultants to procure and maintain, until the completion of the subconsultant's services, insurance of the types and to the limits specified in this Section except to the extent such insurance requirements for the subconsultant are expressly waived in writing by the OWNER. (8) Should at any time the CONSULTANT not maintain the insurance coverages required herein, the OWNER may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the CONSULTANT for such coverages purchased. If CONSULTANT fails to reimburse OWNER for such costs within thirty (30) days after demand, OWNER has the right to offset these costs from any amount due CONSULTANT under this Agreement or any other agreement between OWNER and CONSULTANT. The OWNER shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the OWNER to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the services required hereunder or termination of the Agreement, the D -2 Packet Page -364- ' 3/11/2014 1 1.C. CONSULTANT shall furnish to the OWNER, in triplicate, renewal or replacement Certificate(s) of Insurance not later than three (3) business days after the renewal of the policy(ies). Failure of the Contractor to provide the OWNER with such renewal certificate(s) shall be deemed a material breach by CONSULTANT and OWNER may terminate the Agreement for cause. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? _X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the CONSULTANT during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: /0-N1 a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one, if applicable) $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X_ $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive all claims rights against the OWNER and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. Applicable _X Not Applicable D -3 ti Packet Page - 365 - �'-'J 3/11/2014 11.C. (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? X_ Yes No (1) Commercial General Liability Insurance, written on an "occurrence" basis, shall be maintained by the CONSULTANT. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the OWNER of the work under this Agreement. Limits of Liability shall not be less than the following: General Aggregate $300,000 Products /Completed Operations Aggregate $300,000 Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate $500,000 Products /Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Each Occurrence $500,000 Fire Damage $ 50,000 X General Aggregate $2,000,000 Products /Completed Operations Aggregate $2,000,000 Personal and Advertising Injury $2,000,000 Each Occurrence $2,000,000 Fire Damage $ 50,000 D-4 Packet Page -366- �� 3/11/2014 11.C. 100,*N (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." Applicable deductibles or self- insured retentions shall be the sole responsibility of CONSULTANT. Deductibles or self- insured retentions carried by the CONSULTANT shall be subject to the approval of the Risk Management Director or his /her designee. (3) The OWNER, Collier County Government, shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the OWNER. claims. (4) Coverage shall be included for explosion, collapse or underground property damage (5) Watercraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than the Commercial General Liability limit shown in subparagraph (1) above if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried by the CONSULTANT or the SUBCONSULTANT in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. Applicable X Not Applicable AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? X_ Yes No D -5 Packet Page -367 -� 3/11/2014 11.C. (1) Automobile Liability Insurance shall be maintained by the CONSULTANT for the ^ ownership, maintenance or use of any owned, non -owned or hired vehicle with limits of not less than: Bodily Injury & Property Damage - $ 500,000 _X Bodily Injury & Property Damage - $1,000,000 UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the CONSULTANT and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability, and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? _X Yes NO (1) Professional Liability Insurance shall bel maintained by the CONSULTANT to insure its legal liability for claims arising out of the perf ormance of professional services under this Agreement. CONSULTANT waives its right of recover against OWNER as to any claims under this insurance. Such insurance shall have limits of not less than: $ 500,000 each claim and in the aggregate $1,000,000 each claim and in the aggregate I D -6 Packet Page -P68- 3/11/2014 11.C. _X $2,000,000 each claim and in the aggregate $5,000,000 each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the CONSULTANT. Deductible amounts are subject to the approval of the OWNER. (3) The CONSULTANT shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the OWNER. (4) The policy retroactive date will always be prior to the date services were first performed by CONSULTANT or OWNER, and the date will not be moved forward during the term of this Agreement and for five years thereafter. CONSULTANT shall promptly submit Certificates of Insurance providing for an unqualified written notice to OWNER of any cancellation of coverage or reduction in limits, other than the application of the aggregate limits provision. In addition, CONSULTANT shall also notify OWNER by certified mail, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverages or limits received by CONSULTANT from its insurer. In the event of more than a twenty percent (20 %) reduction in the aggregate limit of any policy, CONSULTANT shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. CONSULTANT shall promptly submit a certified, true copy of the policy and any endorsements issued or to be issued on the policy if requested by OWNER. VALUABLE PAPERS INSURANCE (1) In the sole discretion of the County, CONSULTANT may be required to purchase valuable papers and records coverage for plans, specifications, drawings, reports, maps, books, blueprints, and other printed documents in an amount sufficient to cover the cost of recreating or reconstructing valuable papers or records utilized during the term of this Agreement. D -7� Packet Page -369- 3/11/2014 11.C. PROJECT PROFESSIONAL LIABILITY (1) If OWNER notifies CONSULTANT that a project professional liability policy will be purchased, then CONSULTANT agrees to use its best efforts in cooperation with OWNER and OWNER'S insurance representative, to pursue the maximum credit available from the professional liability carrier for a reduction in the premium of CONSULTANT'S professional liability policy. If no credit is available from CONSULTANT'S current professional policy underwriter, then CONSULTANT agrees to pursue the maximum credit available on the next renewal policy, if a renewal occurs during the term of the project policy (and on any subsequent professional liability policies that renew during the term of the project policy). CONSULTANT agrees that any such credit will fully accrue to OWNER. Should no credit accrue to OWNER, OWNER and CONSULTANT, agree to negotiate in good faith a credit on behalf of OWNER for the provision of project - specific professional liability insurance policy in consideration for a reduction in CONSULTANT'S self- insured retention and the risk of uninsured or underinsured consultants. (2) CONSULTANT agrees to provide the following information when requested by OWNER or OWNER'S Project Manager: a. The date the professional liability insurance renews. b. Current policy limits. C. Current deductibles /self- insured retention. d. Current underwriter. e. Amount (in both dollars and percent) the underwriter will give as a credit if the policy is replaced by an individual project policy. f. Cost of professional insurance as a percent of revenue. g. Affirmation that the design firm will complete a timely project errors and omissions application. (3) If OWNER elects to purchase a project professional liability policy, CONSULTANT to be insured will be notified and OWNER will provide professional liability insurance, naming CONSULTANT and its professional subconsultants as named insureds. END OF SCHEDULED D -8 Packet Page -370- 3/11/2014 11.C. SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, TKW Consulting Engineers, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the CONSULTANT to be provided under the Professional Services Agreement, concerning NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades are accurate, complete and current as of the time of contracting. TKW Consulting Engineers, Inc. TITLE: DATE: E -1 Packet Page -371 - 3/11/2014 1 1.C. SCHEDULE F KEY PERSONNEL, SUBCONSULTANTS AND SUBCONTRACTORS Name Personnel Category % of time TKW Consulting Engineers, Inc. Doug Eckmann, P.E., BCEE 7% Patrick Day, P.E., BCEE 5% Mike McGee, P.E. 8% James Lange, P.E., S.E. S.I. 8% John Mahlbacher, P.E. 8% Subconsultant - RKS Consulting Engineers, Inc Don Williams, P.E. 16% Tracy Prokopetz, P.E. 14% Subconsultant - Hole, Montes, Inc. Ron Benson, Ph.D., P.E. 9% Jerry Taricska, Ph.D., P.E., BCEE 9% Harry Pepper, P.E. 6% W. Terry Cole, P.E. 2% Francis Feeney, P.E. 3% Dawn Barnard, Class A Operator 4% Tom Murphy, PSM 1 % F -1 Packet Page -372- ��� 3/11/2014 1 1.C. REQUEST FOR PROPOSALS In accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. 7�! coulity Adn* Services Division Purchasing COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CCNA Solicitation #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 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. Pu hasnq Depatrat- 3327 Tamiami Trail East - Naples. Florida 34112 -4901 - www.colliergovnettpurchasing CCNA (Revision 01/01/2013) Packet Page -373- 3/11/2014 11.C. Table of Contents LEGALNOTICE .......................................................................................... ............................... 3 EXHIBIT I: SCOPE OF WORK, SPECIFICATIONS AND RESPONSE FORMAT ...................... 4 EXHIBIT II: GENERAL RFP INSTRUCTIONS .............................................. .............................21 EXHIBIT III: COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS ................25 EXHIBIT IV: ADDITIONAL TERMS AND CONDITIONS FOR RFP .............. .............................29 ATTACHMENT 1: CONSULTANT'S NON - RESPONSE STATEMENT ......... .............................36 ATTACHMENT 2: CONSULTANT CHECK LIST .......................................... .............................37 ATTACHMENT 3: CONFLICT OF INTEREST AFFIDAVIT ........................... .............................38 ATTACHMENT 4: CONSULTANT DECLARATION STATEMENT ............... .............................39 ATTACHMENT 5: IMMIGRATION AFFIDAVIT CERTIFICATION ................. .............................41 ATTACHMENT 6: CONSULTANT SUBSTITUTE W — 9 ............................... .............................42 ATTACHMENT 7: INSURANCE AND BONDING REQUIREMENTS ........... .............................43 ATTACHMENT 8: REFERENCE QUESTIONNAIRE .................................... .............................45 #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 2 Packet Page -374- 3/11/2014 11.C. Cter County Adminislratiue Services Division Purchasing: Legal Notice Pursuant to approval by the County Manager, Sealed Proposals to provide consulting services for Public Utilities will be received until 3:00.12M, Naples local time, on July 22, 2013 at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. CCNA Solicitation 13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Services to be provided may include, but not be limited to the following: electrical, civil, and mechanical design services to upgrade the existing electric service number one (1) at the North County Water Reclamation Facility to class one reliability standards and to upgrade the irrigation quality water facilities to allow isolation of each pass of the effluent filters to facilitate routing of the resultant water to the desired end location. A non - mandatory pre - proposal conference will be held on July 8, 2013 commencing promptly at 3:OOPM., and will be held in the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 All statements should be made upon the official proposal form which must be obtained only on the Collier County Purchasing Department Online Bidding System website: www.colliergov.net/bid. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, BY: /S/ Joanne Markiewicz Interim Purchasing & General Services Director 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 June 21, 2013. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 3 Packet Page -375- 3/11/2014 1 1.C. Exhibit I: Scope of Work, Specifications and Response Format ^ As requested by the Collier County Public Utilities Planning and Project Management Department (hereinafter, the "Department "), the Collier County Board of County Commissioners Purchasing Department (hereinafter, "County') has issued this Request for Proposal (hereinafter, "RFP ") with the intent of obtaining proposals from interested and qualified Consultants in accordance with the terms, conditions and specifications stated or attached. The Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Purchasing Policy. Brief Description of Project The general scope of this RFP is to provide electrical, civil, and mechanical design services to upgrade the existing electric service number one (1) at the North County Water Reclamation Facility to class one reliability standards and to upgrade the irrigation quality water facilities to allow isolation of each pass of the effluent filters to facilitate routing of the resultant water to the desired end location. All facilities designed under this project shall be seamlessly integrated into the treatment plants SCADA system. Background The North County Water Reclamation Facility ( NCWRF) is rated for a Maximum Month Average Daily Flow (MMADF) of 24.1 MGD. The NCWRF contains two distinct biological treatment ^ processes. The older (northern) portion of the plant includes a series of three oxidation ditches. The newer (southern) portion of the plant contains conventional aeration basins each in the two - stage Modified Ludzack- Ettinger (MLE) process for nitrogen removal. Both the "Oxidation - Ditch" plant and the "MLE" plant discharge into their respective sets of traveling bridge filters and chlorine contact basins to meet high -level disinfection reuse requirements. Reuse irrigation quality (IQ) water is pumped by the Reuse Pumping Station to reclaimed water customers. "Reject" water not meeting reuse standards is stored in reject ponds and /or disposed of down one or two on -site deep injection wells. Solids removed from both portions of the plant are aerated, thickened, dewatered and hauled off -site to the Okeechobee landfill. NCWRF process facilities are summarized below: • Pretreatment Facility with four (4) mechanical screens and three (3) aerated grit chambers. • Three (3) Oxidation Ditches with mechanical surface aerators. • Twelve (12) MLE Aeration Basins, each containing jet aeration systems in the anoxic zones and fine - bubble diffused aeration systems in the aerobic zones. The Aeration Basins are served by a Blower Building containing three (3) 300 hp and two (2) 150 hp multi -stage centrifugal blowers. • Nine (9) Secondary Clarifiers. • Four (4) Sludge Pump Stations (for return activated and waste activated sludge). • Twenty (20) traveling bridge effluent filters. • Five (5) Chlorine Contact Basins. • Two (2) Hypochlorite Storage /Feed Facility. • Two (2) Aerated Sludge Holding Tanks. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -376- 3/11/2014 11.C. • Two (2) Aerated Sludge Feed Tanks. • A Dewatering Building with five (5) belt filter presses and ancillary equipment (polymer system, belt press feed pumps, wash water booster pumps). • Two (2) compliance points for Orbal and three for MLE • Four (4) chemical scrubbers and one biological unit for odor • No grease and septage side stream processing • Two (2) Equalization Tanks • Two (2) sludge feed tanks • Four (4) reclaimed ponds • One (1) reject pond • Two (2) Deep Injection Wells (DIW) • Reuse Pumping Station • DIW Pumping Station • North -South IQ Interconnect • Two (2) North -South Raw Wastewater Interconnects Detailed Scope of Work This project may include professional engineering services for the pre - design, design, permitting, construction administration (partial), training; operational support and additional services for the NCWRF Class 1 Electrical Reliability and Multiple Compliance Points project. The work will be designed as a single bid package to consolidate construction. Construction substantial completion is anticipated to be completed within one year from the issued n Construction Notice to Proceed. The selected CONSULTANT and sub - consultants shall have a minimum of ten (10) years of experience in the design and construction of wastewater facilities in Florida. Note that the work encompassed by each phase will be dependent upon recommendations developed in preceding phases and fully approved by County staff, as accepted by the Board of County Commissioners of Collier County (herein after referred to as COUNTY). A more detailed discussion on each phase of this Scope of Services is presented below: Assumptions 1. CONSULTANT will incorporate all PPMD Utilities Standards where applicable. 2. Engineering design will be performance based to ensure full compliance, treatment and IQ production for each compliance train beginning with associated influent piping and ending with IQ delivery. 3. Compliance with County performance measures, including: a. The ability of all flows to be directed automatically b. Stormwater management system, if any, to be designed with incremental containment areas for SSO's (including manholes) c. Off -site noise from designed facilities not to exceed County noise ordinance d. Design shall include provisions to prevent off -site spills e. Operational safety is non - negotiable. Design shall be in accordance with federal, state and local safety standards. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 5 Packet Page -377- 3/11/2014 11.C. f. Critical components to be designed in accordance with essential facility design criteria included in the wind - loading section of the Florida Building Code, or to higher wind - loading criteria as described in Section A.0.4.11 of this Agreement. g. Electrical power supply and distribution system design shall meet USEPA Class 1 Reliability standards consistent with those employed in the former design of the NCWRF Expansion to 24.1 MGD MMADF project. 4. Consulting engineer will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability 5. Consultant will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the construction phase and after construction, through all seasons (high season, rainy season and IQ high demand season) 6. O & M's to be completed, approved and delivered before substantial completion Performance Measures The COUNTY has identified the following performance measures that govern the design, construction and implementation of the project: 1. The plant will be designed to handle seasonal peak daily flows and maintain production of sustainable IQ water at the following compliance levels: a. Minimum of 75% of daily flows during 100% of calendar year providing water quality with no fecal coliform count; and b. Less than five fecal coliform counts for remaining 25% at each compliance point. 2. New and expanded facilities shall be designed to comply with the COUNTY's noise ^ ordinance. 3. Operational safety is non - negotiable. New and expanded facilities will be designed to comply with federal, state and local safety regulations. 4. Design all new facilities in accordance with current Florida Building Code and Facilities Management Department wind - loading criteria. The new facilities and components shall be designed to withstand Category 5 hurricane wind - loading. Wind - loading criteria in the Florida Building Code, and Facilities Management Department and other applicable standards are not identified by hurricane categories such as the Saphir- Simpson Scale (e.g., Categories 1 through 5). The CONSULTANT will review wind - loading criteria with the County during preliminary design, including those for "essential" facilities as defined by the Florida Building Code (e.g. — hospitals, water treatment facilities, etc.) and FEMA Design and Construction Guidance for Community Shelters (e.g., 200 mph wind gusts), in order to establish the required wind - loading design criteria to be used in final design of critical facilities. 5. Electrical power distribution systems for new and expanded facilities will be designed in accordance with USEPA Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability MCD -04 (Class 1 Reliability standards) and to be consistent with the electrical power distribution system reliability provided for the MLE Facility (Electrical Service No. 2) under the most recent plant expansion. The electrical power distribution system associated with Electrical Service No. 1 will be retrofitted to meet equivalent reliability standards. 6. CONSULTANT will be responsible for ensuring the design is fully aligned with operations and maintenance long term sustainability. 7. CONSULTANT will provide continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 6 Packet Page -378- 3/11/2014 11.C. �• warranty phase, through all seasons (high season, rainy season and IQ high demand season). 8. O & M manuals will be completed, approved and delivered before substantial completion of construction. 9. CONSULTANT will use electronic technology for delivering information to the County and successful contractor including design memoranda, drawings, specifications, shop drawings, record drawings, O & M manuals, etc. Compliance The Project Will Specifically Address The Following Issues: The North County Water Reclamation Facility (NCWRF) currently has five sets of filters, each with one or two chlorine contact tanks. At this time, the effluent from these groupings of filters /chlorine contact tanks is discharged such that all of the flow is divided into two 30 -inch and two 36 -inch pipelines that allow transportation of the final effluent from the chlorine contact tanks to the reuse storage ponds. One of the 30 -inch and one of the 36 -inch pipelines is used for transporting flow from the oxidation ditch portion of the plant and the other 30 -inch and other 36 -inch pipeline are used for the MLE portion of the plant. Currently these lines terminate in the vicinity of the wetwell feeding the Deep Injection Well Pump Station (DIWPS). At this.point, the two pipelines serving the oxidation ditch plant combine and can either flow through a 48 -inch pipeline to the reuse storage ponds or flow through a 48 -inch reject water line that flows into the DIWPS. ^ In a similar manner, the two pipelines serving the MLE portion of the plant combine and can either flow through a 48 -inch pipeline to the reuse storage ponds or flow through a 48 -inch reject water line that flows into the DIWPS. Once the effluent from either the oxidation ditch plant or the MLE plant enters the wetwell at the DIWPS it can either be diverted to the Reject Storage Pond or to the DIWPS (for injection). In this manner, currently 100% of the flow from either the oxidation ditch plant or MLE plant must either be diverted to reuse or to deep injection, or to reject storage ponds. Once these pipelines are used for reject quality water then they cannot be used for reuse again until after having been flushed with reuse quality water going to reject. In order to increase the reliability for production of IQ water it is necessary to modify the piping and automatic control valves such that if one portion of either the oxidation ditch plant or MLE plant is producing reject that the entire production from that plant is not having to go to reject. For a number of years, more than 100% of the reclaimed water produced from this facility is committed to irrigation water customers. During periods when a portion, if not all, of the effluent from the facility does not meet reuse standards there is an even greater shortfall in supply that does not meet customer demands. In addition, there have been concerns that the deep injection wells have the potential for migration of the injected water, if not immediately, then over time to adjacent aquifers. For this reason, it is much preferred for the deep injection wells to be used for disposal of excess reuse water during wet periods when demand is less than supply instead of relying on the deep injection wells for disposal of substandard water. For this reason, it is important to n consider that the available volume to store substandard /reject water at this facility is a minimum and that there is not sufficient land available to increase storage volume for substandard /reject #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 7 Packet Page -379- 3/11/2014 1 1.C. water. As a result, the most efficient method of dealing with reject water is to minimize the potential of reject water and to reduce the volume produced during periods when a portion of the facility may be producing reject water. The above project was conceived with this in mind as it not only would help provide a more reliable supply of irrigation water to the County's customers but it would also minimize the potential for production of reject water that may be in excess of the ability to economically store the reject water for eventual re- treatment. Reuse Currently the NCWRF monitors three effluent compliance points, which are located at the discharge of Chlorine Contact Basin No. 1, Chlorine Contact Basin No. 2, and at the combined discharge of Chlorine Contact Basins Nos. 3 through 5. The COUNTY seeks to consolidate sampling points to simplify effluent monitoring; thus if a single compliance point is not meeting reuse standards, the other points can remain in service and the COUNTY can maximize IQ water production to their reclaimed water customers. CONSULTANT shall identify a means to provide a total of six compliance points for the build -out condition. Separate compliance points would be established for each of Chlorine Contact Basins Nos. 1, 2, 3, 4, 5 and 6. Electrical Power System (Class1 Electrical Reliability Upgrades to existing Electrical FPL Service No. 1) These reliability upgrades are proposed so that Electrical FPL Service No. 1 is upgraded to the ^ same level of reliability as the existing FPL Electrical Service No. 2. While the existing Service No. 1 has tie - breakers and other features that meet the general intent of Class 1 Reliability, these upgrades are required to meet Collier County standards based on USEPA Class 1 electrical reliability, to match the reliability of Electrical Service No. 2 and electrical reliability in place at other County water and wastewater facilities. This increased reliability will help ensure full sustainability and operation of treatment processes to maintain full FDEP compliance and IQ production capabilities. The potential scope of these design services include, but are not limited to upgrading tie breakers, wiring, conduits, ductbanks, transformers, switchgear, disconnects, parallel transfer system, and generators. Electrical engineering services include, and may not be limited under this Work Order as follows: 1. New systems will be designed to meet USEPA Class 1 Electrical Reliability standards. 2. An upgrade of the Electrical Service No. 1 and its associated power distribution system to meet USEPA Class 1 Electrical Reliability standards. 3. Components that may or may not require upgrades, but will require electrical design engineering are: the existing Switchgear, Transfer system, Generators, Paralleling standby power system, transformers, wiring, ductbanks, and other affected components. Control and Information Systems #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 8 Packet Page -380- 3/11/2014 1 1.C. n Instrumentation and controls services include, and may not be limited to: 1. Automation and integration of new facilities required to tie into the existing SCADA system. 2. Upgrading the existing SCADA communication system from Data Highway to Ethernet. Reliability Criteria On past expansions of the NCWRF, designs have been based on providing Class 1 Reliability Requirements set by the Florida Department of Environmental Protection (1989). As the NCWRF has become, in practice, an Irrigation Quality (IQ) Production Facility, the COUNTY has determined that the minimum USEPA Class 1 Reliability standards may not be adequate to provide the level of service expected by the COUNTY's reclaimed water customers. During the Preliminary Design phase of this project, the CONSULTANT will provide a matrix of reliability criteria from the following sources in order to help the COUNTY establish new reliability criteria for the entire expanded facility: 1. FDEP Class 1 Reliability Requirements: USEPA Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability 2. Ten States Standards 3. Water Environment Federation Manual of Practice No. 8 4. Applicable reliability standards for drinking water treatment plants The new reliability criteria will be applied to all new facilities to identify that the overall upgraded facility provides for a "reliable" total capacity of 24.1 MGD MMADF. n Design Report Prepare Technical Memoranda: CONSULTANT is to prepare a series of draft technical memoranda presenting evaluations of existing systems and alternatives. Each memorandum will discuss advantages and disadvantages of proposed alternatives, along with recommended improvements. Evaluations will consist of capital cost, present worth, operation and maintenance costs and functional analyses, as applicable. Draft technical memoranda will be prepared for each of the following topics: 1. Civil /Site Work/Paving, Grading and Drainage, and Yard Piping 2. Hydraulic Profile 3. Reclaimed Water Pumping/Transmission (and Reject Water Handling) 4. Electrical Systems 5. Control and Information Systems 6. Probable Opinion of Construction and Operation and Maintenance Cost 7. Construction Sequencing and Probable Construction Schedule In -House QA/QC Reviews Each draft technical memorandum will receive a CONSULTANT in -house QA/QC review prior to submittal to COUNTY. These reviews will consist of comments from senior level staff members and identify document compliance with applicable codes and standards. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -381- 3/11/2014 1 1.C. Review with Owner Each draft technical memorandum will be distributed to COUNTY (eight copies) in hard copy, MSWord format and PDF format, approximately two weeks prior to the scheduling of a review meeting. This review meeting will serve as a forum for receiving and reviewing COUNTY input. It is anticipated that each draft technical memorandum will require one review meeting /workshop. Finalize Technical Memoranda Based on comments received from COUNTY, CONSULTANT will finalize each technical memorandum. Eight copies in hard copy, MSWord format and PDF format of each will be forwarded to OWNER for final acceptance. Prepare Draft Design Report CONSULTANT will prepare a draft design report containing a compilation of COUNTY accepted technical memoranda, along with additional information including, but not limited to, soil borings, subsurface explorations, and any other similar investigations necessary for establishing a baseline from which to proceed with the final design of the project. The draft design report will also include schematic layouts, sketches and design criteria with appropriate exhibits to clearly indicate the considerations involved, including applicable requirements of all governmental agencies having jurisdiction on the project, and setting forth CONSULTANT's recommendations for proceeding with the preliminary design of the project. Said report to include CONSULTANT's professional evaluation of COUNTY's project budget for this project based on the 30% level cost estimate. Eight (8) copies in hard copy, MSWord format and PDF format of the draft design report will be submitted to COUNTY. Review with Owner Approximately two weeks after delivery of the draft design report to COUNTY, CONSULTANT will schedule up to two meetings with COUNTY to review and incorporate comments. Prepare Final Design Report Based on results of the review meeting(s) with COUNTY, CONSULTANT will prepare a final design report. Eight (8) copies in hard copy, MSWord format and PDF format of the final design report will be submitted to COUNTY. Review and Final Acceptance by Owner CONSULTANT will meet once with COUNTY to establish agreement and acceptance of the recommendations made in the final design report. The accepted report will then serve as the basis of design, upon which the preliminary design documents will be based. An electronic copy will then be submitted to the COUNTY. Project Management CONSULTANT will provide all necessary work effort to perform management and administration of its project tasks throughout the duration of the project. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 10 Packet Page -382- 3/11/2014 11.C. Preliminary Designs Prepare 60% Documents Upon receiving final acceptance of the Design Report from COUNTY, CONSULTANT will commence with the preparation of preliminary design contract documents (drawings and technical specifications) for the NCWRF project. Documents will be prepared for the following proposed improvements and disciplines: 1. Civil /Site Work/Paving, Grading and Drainage 2. Yard Piping 3. IQ Pumping/Transmission (and Reject Water Handling) 4. Structural Design, if any 5. Architectural Design, if any 6. Electrical Design 7. Control and Instrumentation System Design 8. Plumbing Design Improvements to be designed per the recommended criteria as presented in the final design report developed under Phase A.1. Cost Estimate (60% Completion Level) CONSULTANT will prepare cost estimates intended to provide COUNTY with an up to date n progress estimate of projected probable construction costs. Eight (8) hard copies, MSWord format and PDF format electronic copy of the estimates will be prepared and forwarded to COUNTY at the 60 percent design completion stage. Project Peer Review CONSULTANT will conduct a 60 percent completion stage project peer review to provide QA/QC of the contract documents and cost estimate prior to submittal to COUNTY. The review will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day - to-day activities of the project to ensure a "fresh eyes" review. Reviews with Owner CONSULTANT will schedule review meetings /workshops with COUNTY to receive input at the 60 percent design completion stage of each bid package. CONSULTANT, based on comments received from COUNTY, will make subsequent revisions to the documents. This task does not include out of scope changes outside of the recommended expansion criteria developed in the final design report. Final Design Preparation of Proposed Final Documents Based on input received from COUNTY at review meetings during the preliminary design phase (Task A.2) and associated design reviews CONSULTANT will prepare the proposed final (90 %) contract documents. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 11 Packet Page -383- 3/11/2014 11.C. Project Peer Review CONSULTANT will conduct a 90 percent completion stage project peer review to provide QA/QC of the final contract documents and cost estimate prior to submittal to COUNTY. The review will include final interdisciplinary checks, general coordination, manprint, and constructability issues, and will be conducted by senior level personnel (internal Technical Review Committee) not involved in the day - to-day activities of the project to ensure a "fresh eyes" review. Delivery of Proposed Final Documents CONSULTANT will furnish COUNTY with eight (8) hard copies and an MSWord format and PDF format electronic copy of proposed final contract documents and the 90% completion level detailed opinion of probable construction cost. Review and Revisions to the Proposed Final Contract Documents Approximately two (2) weeks after delivery of the proposed final contract documents to COUNTY, CONSULTANT will schedule a review meeting with COUNTY, so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. These reviews do not include scope changes to the recommended expansion criteria developed in the design report, but only reductions to the overall work effort as necessary to meet the project construction budget. Acceptance of Final Contract Documents One master set of originals and an MSWord format and PDF format electronic copy of the final (100% complete) contract documents, revised per items addressed under Phase A.3.4, will be forwarded to COUNTY for final acceptance prior to bid. The COUNTY will reproduce all necessary copies of contract documents required during the bidding process. Construction Contract Administration Pre - construction Conference and Progress Meetings Consult with COUNTY and Contractors as reasonably required and necessary with regard to construction of the Project. Consultation will include attendance at the pre - construction conference and monthly coordination meetings with COUNTY, the Resident Project Representative and the Contractor. Contract Interpretation and Clarifications Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations from the Contract Documents. Notify COUNTY of any such requested deviations or substitutions and when reasonably necessary, provide COUNTY with a recommendation concerning same. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 12 Packet Page -384- 3/11/2014 11.C. 11—N, Shop Drawings Review shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data that Contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. Record Drawings Prepare and submit to COUNTY upon completion of construction of Project, five (5) sets of signed and sealed record drawings, one (1) set of reproducible record drawing mylars and MSWord format and PDF format copies of the work constructed and electronically on AutoCAD disks (current COUNTY version), including those changes made during the construction process, using information supplied by the Contractors and other data which can reasonably be verified by CONSULTANT's personnel. Construction engineering and inspection (CEI) services will be provided to the COUNTY by others under a separate Work Order. It is assumed that the CEI firm will update contract documents on a monthly basis and provide electronic and hard copies of contract document updates to the CONSULTANT throughout the construction period. It is further assumed that the CEI firm will provide a complete, signed and sealed set of as -built contract documents to the CONSULTANT for use in preparing reproducible and electronic record drawings. Post Design and Services during Construction n The CONSULTANT is expected to provide an experienced, competent engineer(s) for the types of work in this section of the project. The following activities outline the post design and services during construction to be provided during the construction and project close -out phase of the project: 1. Schedule and attend all progress meetings and conferences with the County and contractors only as directed by the Owner. Prepare agenda and distribute meeting minutes. Coordinate all subsequent start up, design resolution, differing field conditions, and punch list walk through meetings, prepare agenda and distribute meeting minutes. Prepare a list of issues needing resolutions after every meeting and ensure that they are fulfilled. 2. Coordinate all construction field activities with the operational staff at the NCWRF with adequate notice and coordination so as not to interfere with operations of the facility and the ability to provide wastewater and irrigation quality water services to our customers as directed by the Owner. 3. Review and evaluation the proposed construction schedule and the schedule of values used for progress payment purposes. Provide input and recommendations to the Public Utilities project manager and operations staff. 4. Coordinate all construction and design issues with the Owner, engineer of record, and contractor as directed by the Owner. 5. Provide timely review, recommendations and approval of shop drawings, submittal information and O & M Manuals. 6. Respond to Requests for Information from the contractor within three working days. Coordinate requests with Public Utilities project manager and operational staff at NCWRF. 7. Provide construction contract administration consisting of: a. Review of payment applications, b. Review of construction schedule updates and field progress, #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 13 Packet Page -385- 3/11/2014 11.C. c. Review of change order requests and preparation of work directives and change orders, d. Assistance in administration of additional work under the Contract Allowance Bid item. e. Review record drawings for completeness and accuracy on a daily basis. f. Review contractor's as built/record drawing progress. g. Prepare final O &M manuals. h. Certify project/contract completion. i. Attend start ups. j. Provide and /or coordinate training to plant personnel. k. Prepare, sign, and seal final record drawings. I. Certify to FDEP that the project and permit conditions have been finalized. 8. Provide operational coordination to assist the County to maintain continuous compliance with FDEP requirements and to maintain production of irrigation quality (IQ) water. 9. Conduct periodic site observation of construction as necessary and /or directed by Owner to achieve the tasks and scope of work in this RFP, and provide reports with photographs to the County via electronic E- mails. 10. Provide engineering professional(s) experienced in wastewater to perform the tasks in this RFP and to professionally respond to questions. 11. Attend project meetings in order to monitor progress, respond to field issues, communicate with the contractor, and coordinate communications with the contractor and Public Utilities project manager and operational staff at NCWRF. 12. Coordinate with Owner and contractor during the transition period upon commencement of responsibilities for these services. Additional Services Construction Bid Services 1. CONSULTANT may assist COUNTY in developing criteria and documentation associated with the prequalification of acceptable construction contractors prior to issuing the contract documents for bidding. 2. CONSULTANT may assist COUNTY in securing bid and: 3. Provide interpretation and clarification of Contract Documents during bidding; 4. Attend pre -bid meeting with prospective bidders; 5. Attend the bid opening, assist COUNTY in the preparation of the bid tabulation sheets and assist COUNTY in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipment and services; 6. Assist COUNTY in evaluation bidder's previous experience, if necessary; 7. Prepare and issue addenda as appropriate to interpret or clarify contract documents. 8. Provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents. 9. Provide COUNTY with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder (s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, 10. Provide COUNTY with a recommendation to make a contract award, as necessary. 11. In the case that construction bids exceed the final CONSULTANT'S estimate of probable construction cost by more than fifteen (15) percent, CONSULTANT will, at #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 14 Packet Page -386- 3/11/2014 1 1.C. its expense, analyze the cause or causes of the overrun and provide suggestions to correct the same. Operations Manual Update Update the Existing NCWRF Operations Manual As Follows: 1. Each section of the Operations Manual will contain single - colored process schematics and diagrams for Operator reference. Isometric diagrams may also be utilized when necessary to provide better understanding of the process. 2. Eight (8) draft hard copies, MSWord format and PDF format copies of the Operation Manual will be submitted to COUNTY for their review and comment. 3. Based upon review comments received, the Operations Manual will be updated. 4. Eight (8) hard copies, MSWord format and PDF copies of the final operations manual will be provided to COUNTY. The COUNTY has standardized on the ANTERO computerized maintenance management system (CMMS) for the scheduling of preventative and corrective maintenance tasks. The COUNTY will provide the CONSULTANT with an electronic copy (in Microsoft Excel format) of the maintenance database table. The CONSULTANT will populate this template table with maintenance schedule and maintenance procedure data supplied in the detailed operation and maintenance manuals of all equipment furnished under this project. The CONSULTANT will provide the COUNTY with an electronic copy of the populated maintenance data table. The COUNTY will update the ANTERO Task Manager software with the populated maintenance data table. Operator Training CONSULTANT will provide meetings with the facilities operational staff to review operational data, observe trends, and correlate system performance observations with collected operational data. This task will focus on optimizing system performance, and reduce operational costs. Training shall be furnished through verbal communications and through workshops held on site. Four workshops are assumed. The facility is a 24 hour, 7 day per week operations facility. The CONSULTANT will have to coordinate so that a majority of the shift worker can attend. Coordination with the Plant Manager is required. Process Startup Assistance Provide one personnel experienced in plant startups to oversee the startup activities of the new facilities on an as- needed basis. The responsibilities of the startup personnel may include: 1. Review of Contractor's cleaning, testing, and startup procedures. 2. Review and approval of Contractor's component and system tests 3. Review designed system for operability and maintenance. 4. Coordinate initial operations with COUNTY and the Resident Project Representative. 5. Recommend to the COUNTY the acceptance of equipment and /or systems. 6. Recommend and establish operating procedures for all systems and process. 7. Review, observe and accept startup procedures to verify that proposed protocol is in conformance with the intent of the Contract Documents. n 8. Assist COUNTY in data collection and trending during and following startup for process control and completion of monthly operating reports. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 15 Packet Page -387- 3/11/2014 11.C. Permitting Services CONSULTANT will prepare and submit construction permit applications pertaining to the NCWRF project. The scope of this project includes the following: 1. Florida Department of Environmental Protection (FDEP) Environmental Resource Permit and the FDEP Permit to Construct. 2. Collier County Growth Management Division Site Development Plan (SDP) or Amendment, whichever is applicable. 3. Initial application for South Florida Water Management District (SFWMD) dewatering permits required for construction. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. 4. Initial application for Collier County Growth Management building permits, if required. It is understood that Contractor will assume responsibility for transferring permit application to its name upon construction contract award. 5. CONSULTANT will meet with the jurisdictional agencies noted in Phase to achieve issuance of necessary construction permits. It is assumed that the COUNTY will pay all County permit fees by interdepartmental transfer; and COUNTY will pay all other fees through a separate line item on this task order. If additional permits are required, CONSULTANT shall notify COUNTY to establish schedule for additional fees, as necessary. Surveying Site surveying by a qualified Florida - licensed surveyor of the treatment facility area will be performed to establish baseline conditions for the Design Report and serve as control of hydraulic points and miscellaneous items during construction. Laboratory Testing and Geotechnical Services Laboratory testing and geotechnical work associated with the characterization of soils for structural design and laboratory testing of materials during construction. Operations Support CONSULTANT is expected to provide technical support to COUNTY, continuous training on operational protocols, contingency planning, flow management and seasonal readiness during the design, construction and warranty phase, through all seasons (high season and IQ high demand season). Term of Contract The contract term, if an award is made, will commence on the date of the Notice to Proceed and end upon acceptance and approval of the final pay application. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 16 Packet Page -388- 3/11/2014 1 1.C. 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 June 21, 2013 Last Date for Receipt of Written Questions July 15, 2013, 3:OOPM Non - Mandatory pre - solicitation meeting July 8, 2013, 3:OOPM, Purchasing Conf. RM A Addendum Issued Resulting from Written Questions or Pre- Proposal Conference July 15, 2013 Solicitation Deadline Date and Time July 22, 2013, 3:OOPM Anticipated Evaluation of Submittals August 2013 Anticipated Completion of Contract Negotiations September 2013 Anticipated Board of County Commissioner's Contract A royal Date October 2013 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 1, 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. Provide the name(s), telephone number(s) and email(s) of the authorized contact person(s) #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades IN Packet Page -389- 3/11/2014 11.C. concerning proposal. Submission of a signed Proposal is Consultant's certification ^ that the Consultant will accept any awards as a result of this RFP. Provide evidence of the firm having at least ten (10) years of experience in this type of work. Provide a listing of all subcontracting firms that may contribute to the project scope of work. 2. Tab 11, Project Understanding and Approach (30 Points) Rating will be based on an assessment of the proposer's knowledge and understanding of the nature of the work as necessary to achieve successful outcomes. Provide a narrative of the proposer's understanding of the overall intent of this RFP as well as the methods used to complete all tasks. Identify any issues or concerns of significance that may be appropriate. 3. Tab III, Expertise of Designated Staff (30 Points) Rating will be based on the ability of individuals on the proposed firm team to perform the scope of services. Resumes of key personnel, as provided, and information presented in this section will be evaluated for ranking the proposer under this item. Identify the location of the firm's staff and indicate how they will ensure responsiveness to the required tasks. Identify any working relationships that may exist between the proposed project manager and other key personnel, including subconsultants. Cite previous projects on which the proposed team members have worked together and their respective roles. Should subconsultant(s) be listed as a part of the proposer's team, the proposer shall provide a letter from each subconsultant that indicates the subconsultant's intent to be a part of the team. Proposals submitted without the referenced letter(s) may result in the subconsultant qualifications being eliminated from the review process. 4. Tab IV, Previous Performance on Similar Projects (15 Points) Ratings will be based on the firm's experience and performance on similar projects and reference checks. The firm shall have a minimum of five (5) years acceptable professional experience with projects of similar size and scope. The proposer shall describe experience on these projects, including scope, tasks performed, and related information, and furnish at least five (5) project references with current contact names, titles, telephone numbers, email and mailing addresses. 5. Tab V, Ability to Complete Projects on Time and Within Budget (15 Points) Rating will be based on the proposer's approach to schedule control, proposer's current and projected workload, and available labor resources. Documentation of previous performance within this category including specific references will be a key factor in evaluation. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 18 Packet Page -390- 3/11/2014 11.C. /0—N, 6. Tab VI, References (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 first decimal point (per Microsoft Excel). For illustrative purposes only, see chart for an example of how these points would be distributed among the five proposers. Consultant Name 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. 7. Tab VII, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFP, and to insurance requirements or any other requirements listed in the RFP. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. Exceptions taken by a Consultant may result in evaluation point deduction(s) and /or n exclusion of proposal for Selection Committee consideration, depending on the extent of #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 19 Packet Page -391- 3/11/2014 11.C. the exception(s). Such determination shall be at the sole discretion of the County and ^ Selection Committee. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 20 Packet Page -392- Exhibit II: General RFP Instructions 1. Questions 3/11/2014 11.C. Direct questions related to this RFP to the Collier County Purchasing Department Online Bidding System website: www.collieroov.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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -393- 21 3/11/2014 11.C. 6. Delivery of Proposals All proposals are to be delivered before 3:OOPM, Naples local time, on or before July 22, 2013 to: Collier County Government Purchasing Department 3327 Tamiami Trail E Naples FL 34112 Attn: Evelyn Colbn, 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 Purchasing /General Services 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 87 -25, and Collier County Resolution Number 2006 -268 establishing and adopting the Collier County Purchasing Policy. If the County receives proposals from less than three (3) firms, the Purchasing 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 22 Packet Page -394- 3/11/2014 11.C. 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 at least one (1) day in advance of all such meetings. 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, n 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 23 Packet Page -395- 3/11/2014 11.C. 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 Understanding and Approach 30 Tab III, Expertise of Designated Staff 30 Tab IV, Previous Performance on Similar Projects 15 Tab V, Ability to Complete on Time and Within Budget 15 Tab VI, References 10 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 24 Packet Page -396- 3/11/2014 11.C. Exhibit III: Collier County Purchase Order Terms and Conditions 1. Offer regulations. Risk of loss of any goods This offer is subject to cancellation by the sold hereunder shall transfer to the COUNTY without notice if not accepted by COUNTY at the time and place of VENDOR within fourteen (14) days of delivery; provided that risk of loss prior issuance. to actual receipt of the goods by the COUNTY nonetheless remain with 2. Acceptance and Confirmation VENDOR. This Purchase Order (including all b) No charges will be paid by the COUNTY documents attached to or referenced for packing, crating or cartage unless therein) constitutes the entire agreement otherwise specifically stated in this between the parties, unless otherwise Purchase Order. Unless otherwise specifically noted by the COUNTY on the provided in Purchase Order, no invoices face of this Purchase Order. Each delivery shall be issued nor payments made of goods and /or services received by the prior to delivery. Unless freight and COUNTY from VENDOR shall be deemed to other charges are itemized, any be upon the terms and conditions contained discount will be taken on the full amount in this Purchase Order. of invoice. c) All shipments of goods scheduled on the No additional terms may be added and same day via the same route must be Purchase Order may not be changed except consolidated. Each shipping container by written instrument executed by the must be consecutively numbered and COUNTY. VENDOR is deemed to be on marked to show this Purchase Order notice that the COUNTY objects to any number. The container and Purchase additional or different terms and conditions Order numbers must be indicated on bill contained in any acknowledgment, invoice of lading. Packing slips must show or other communication from VENDOR, Purchase Order number and must be notwithstanding the COUNTY'S acceptance included on each package of less than or payment for any delivery of goods and /or container load (LCL) shipments and /or services, or any similar act by VENDOR. with each car load of equipment. The COUNTY reserves the right to refuse or 3. Inspection return any shipment or equipment at All goods and /or services delivered VENDOR'S expense that is not marked hereunder shall be received subject to the with Purchase Order numbers. COUNTY'S inspection and approval and VENDOR agrees to declare to the payment therefore shall not constitute carrier the value of any shipment made acceptance. All payments are subject to under this Purchase Order and the full adjustment for shortage or rejection. All invoice value of such shipment. defective or nonconforming goods will be d) All invoices must contain the Purchase returned pursuant to VENDOR'S instruction Order number and any other specific at VENDOR'S expense. information as identified on the Purchase Order. Discounts of prompt To the extent that a purchase order requires payment will be computed from the date a series of performances by VENDOR, the of receipt of goods or from date of COUNTY prospectively reserves the right to receipt of invoices, whichever is later. cancel the entire remainder of the Purchase Payment will be made upon receipt of a Order if goods and /or services provided proper invoice and in compliance with early in the term of the Purchase Order are Chapter 218, Fla. Stats., otherwise non - conforming or otherwise rejected by the known as the "Local Government COUNTY. Prompt Payment Act," and, pursuant to 4. Shipping and Invoices the Board of County Commissioners a) All goods are FOB destination and must Purchasing Policy. be suitably packed and prepared to secure the lowest transportation rates 5. Time Is Of the Essence and to comply with all carrier #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 25 Packet Page -397- 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 3/11/2014 1 1.C. 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. 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 #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 26 Packet Page -398- 3/11/2014 11.C. services, or replace or modify the goods or this Purchase Order, VENDOR shall services so that they become non - infringing, immediately give notice thereof, including all (without any material degradation in relevant information with respects to what performance, quality, functionality or steps VENDOR is taking to complete additional cost to the COUNTY). delivery of the goods and /or services to the COUNTY. 12. Insurance Requirements The VENDOR, at its sole expense, shall 15. Assignment provide commercial insurance of such type VENDOR may not assign this Purchase and with such terms and limits as may be Order, nor any money due or to become due reasonably associated with the Purchase without the prior written consent of the Order. Providing and maintaining adequate COUNTY. Any assignment made without insurance coverage is a material obligation such consent shall be deemed void. of the VENDOR. All insurance policies shall be executed through insurers authorized or 16. Taxes eligible to write policies in the State of Goods and services procured subject to this Florida. Purchase Order are exempt from Florida sales and use tax on real property, transient 13. Compliance with Laws rental property rented, tangible personal In fulfilling the terms of this Purchase Order, purchased or rented, or services purchased VENDOR agrees that it will comply with all (Florida Statutes, Chapter 212), and from federal, state, and local laws, rules, codes, federal excise tax. and ordinances that are applicable to the conduct of its business. By way of non- 17. Annual Appropriations exhaustive example, this shall include the The COUNTY'S performance and obligation American with Disabilities Act and all to pay under this Purchase Order shall be prohibitions against discrimination on the contingent upon an annual appropriation of basis of race, religion, sex creed, national funds. origin, handicap, marital status, or veterans' status. Further, VENDOR acknowledges 18. Termination and without exception or stipulation shall be This Purchase Order may be terminated at fully responsible for complying with the any time by the COUNTY upon 30 days provisions of the Immigration Reform and prior written notice to the VENDOR. This Control Act of 1986 as located at 8 U.S.C. Purchase Order may be terminated 1324, et seq. and regulations relating immediately by the COUNTY for breach by thereto, as either may be amended. Failure VENDOR of the terms and conditions of this by the awarded firm(s) to comply with the Purchase Order, provided that COUNTY has laws referenced herein shall constitute a provided VENDOR with notice of such breach of the award agreement and the breach and VENDOR has failed to cure County shall have the discretion to within 10 days of receipt of such notice. unilaterally terminate said agreement immediately. Any breach of this provision 19. General may be regarded by the COUNTY as a a) This Purchase Order shall be governed material and substantial breach of the by the laws of the State of Florida. The contract arising from this Purchase Order. venue for any action brought to specifically enforce any of the terms and 14. Force Majeure conditions of this Purchase Order shall Neither the COUNTY nor VENDOR shall be be the Twentieth Judicial Circuit in and responsible for any delay or failure in for Collier County, Florida performance resulting from any cause b) Failure of the COUNTY to act beyond their control, including, but without immediately in response to a breach of limitation to war, strikes, civil disturbances this Purchase Order by VENDOR shall and acts of nature. When VENDOR has not constitute a waiver of breach. knowledge of any actual or potential force Waiver of the COUNTY by any default majeure or other conditions which will delay by VENDOR hereunder shall not be or threatens to delay timely performance of #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 27 Packet Page -399- deemed a waiver of any subsequent default by VENDOR. c) 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. d) 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 3/11/2014 11.C. 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 28 Packet Page -400- Exhibit IV: Additional Terms and Conditions for RFP 3/11/2014 11.C. 1. Insurance and Bonding Requirements The Consultant shall at its own expense, carry and maintain insurance coverage from responsible companies duly authorized to do business in the State of Florida as set forth in the Insurance and Bonding attachment of this solicitation. The Consultant shall procure and maintain property insurance upon the entire project, if required, to the full insurable value of the scope of work. The County and the Consultant waive against each other and the County's separate Consultants, Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. The Consultant and County shall, where appropriate, require similar waivers of subrogation from the County's separate Consultants, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. Collier County shall be responsible for purchasing and maintaining, its own liability insurance. Certificates issued as a result of the award of this solicitation must identify "For any and all work performed on behalf of Collier County." The General Liability Policy provided by Consultant to meet the requirements of this solicitation shall name Collier County, Florida, as an additional insured as to the operations of Consultant under this solicitation and shall contain a severability of interests provisions. Collier County Board of County Commissioners shall be named as the Certificate Holder. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding attachment, with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. If Consultant has any self - insured retentions or deductibles under any of the below listed minimum required coverage, Consultant must identify on the Certificate of Insurance the nature and amount of such self- insured retentions or deductibles and provide satisfactory evidence of financial responsibility for such obligations. All self- insured retentions or deductibles will be Consultant's sole responsibility. Coverage(s) shall be maintained without interruption from the date of commencement of the Work until the date of completion and acceptance of the scope of work by the County or as specified in this solicitation, whichever is longer. The Consultant and /or its insurance carrier shall provide 30 days written notice to the County of policy cancellation or non - renewal on the part of the insurance carrier or the Consultant. The Consultant shall also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or material change in coverage or limits received by Consultant from its insurer and nothing contained herein shall relieve Consultant of this requirement to provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by Consultant hereunder, Consultant shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 29 Packet Page -401- 3/11/2014 11.C. 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. S. County's Right to Inspect The County or its authorized Agent shall have the right to inspect the Consultant's facilities /project site during and after each work assignment the Consultant is performing. 6. Additional Terms and Conditions of Contract Collier County has developed standard contracts /agreements, approved by the Board of County Commissioners (BCC). The selected Consultant shall be required to sign a standard Collier County contract within twenty one (21) days of Notice of Selection for Award. The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Consultant. 7. 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 #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 30 Packet Page -402- • 3/11/2014 11.C. Description and quantities of the goods or services provided per instructions H Ll 1%-, %�..WI..y purchase order or contract. n Invoices shall be sent to: Board of County Commissioners Clerk's Finance Department ATTN: Accounts Payable 3299 Tamiami Trail E Ste 700 Naples FL 34112 Or emailed to: bccapclerk(Mcollierclerk.com. Collier County, in its sole discretion, will determine the method of payment for goods and /or services as part of this agreement. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. • Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. The County may not accept any additional surcharges (credit card transaction fees) as a result of using the County's credit card for transactions relating to this solicitation. The County will entertain bids clearly stating pricing for standard payment methods. An additional separate discounted price for traditional payments may be provided at the initial bid submittal if it is clearly marked as an "Additional Cash Discount." Upon execution of the Contract and completion of each month's work, payment requests may be submitted to the Project Manager on a monthly basis by the Contractor for services rendered for that prior month. Services beyond sixty (60) days from current monthly invoice will not be considered for payment without prior approval from the Project manager. All invoices should be submitted within the fiscal year the work was performed. (County's fiscal year is October 1 - September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or processed for payment) unless specifically authorized by the Project Manager. Payments will be made for articles and /or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the amount owed to the vendor or contractor for services performed of for materials delivered in association with a contract. 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 01 Packet Page -403- 3/11/2014 1 1.C. 8. 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. 9. Licenses The Consultant is required to possess the correct Business Tax Receipt, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Consultant to submit the required documentation may be grounds to deem Consultant non - responsive. A Consultant, with an office within Collier County is also required to have an occupational license. All State Certified contractors who may need to pull Collier County permits or call in inspections must complete a Collier County Contractor License registration form and submit the required fee. After registering the license /registration will need to be renewed thereafter to remain "active" in Collier County If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252 -2431, 252 -2432 or 252 -2909. Questions regarding required occupational licenses, please contact the Tax Collector's Office at (239) 252 -2477. 10. Survivability Bids (ITBs /RFPs): The Consultant /ContractorNendor agrees that any Purchase Order that extends beyond the expiration date of Solicitation #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 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. 11. 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 32 Packet Page -404- 3/11/2014 1 1.C. 12. 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. 13. 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. 14. 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 Purchasing 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. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) In order to be considered for award, firms must be registered with the Florida Department of State Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and provide a certificate of authority (www.sunbiz.ora /search.html) prior to execution of a contract. A copy of the document may be submitted with the solicitation response and the document number shall be identified. Firms who do not provide the certificate of authority at the time of response shall be required to provide same within five (5) days upon notification of selection for award. If the firm cannot provide the document within the referenced timeframe, the County reserves the right to award to another firm. 16. Single Proposal Each Consultant must submit, with their proposal, the required forms included in this RFP. Only one proposal from a legal entity as a primary will be considered. A legal entity that submits a proposal as a primary or as part of a partnership or joint venture submitting as primary may not then act as a sub - consultant to any other firm submitting under the same RFP. If a legal entity is not submitting as a primary or as part of a partnership or joint venture as a primary, that legal entity may act as a sub - consultant to any other firm or firms submitting under the same RFP. All submittals in violation of this requirement will be deemed non - responsive and rejected from further consideration. In addition, consultants that have participated and /or will participate in the development of scope, background information or oversight functions on this project are precluded from submitting a Proposal as either a prime or sub- consultant. 17. Protest Procedures �-. Any actual or prospective Consultant to a Request for Proposal, who is aggrieved with respect to the former, shall file a written protest with the Purchasing Director prior to the due date for acceptance of #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 33 Packet Page -405- 3/11/2014 11.C. proposals. All such protests must be filed with the Purchasing Director no later than 11:00 a.m. Collier County time on the final published date for the acceptance of the Request for Proposals. The Board of County Commissioners will make award of contract in public session. Award recommendations will be posted outside the offices of the Purchasing Department on Wednesdays and Thursdays. Any actual or prospective respondent who desires to formally protest the recommended contract award must file a notice of intent to protest with the Purchasing 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 Purchasing Director. 18. 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. 19. Security and Background Checks If required, Consultant / Vendor / Contractor / Proposer shall be responsible for the costs of providing background checks by the Collier County Facilities Management Department, and drug testing for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 20. 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. 21. 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 34 Packet Page -406- 3/11/2014 1 1.C. 22. Immigration Law Affidavit Certification Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E- Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. The program will be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including professional services and construction services. Exceptions to the program: • Commodity based procurement where no services are provided. • Where the requirement for the affidavit is waived by the Board of County Commissioners Consultants / Bidders are required to enroll in the E- Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the Consultant's /bidder's proposal. Acceptable evidence consists of a copy of the properly completed E- Verify Company Profile page or a copy of the fully executed E- Verify Memorandum of Understanding for the company. Consultants are also required to provide the Collier County Purchasing Department an executed affidavit certifying they shall comply with the E- Verify Program. The affidavit is attached to the solicitation documents. If the Bidder /Consultant does not comply with providing the acceptable E- Verify evidence and the executed affidavit the bidder's / Consultant's proposal may be deemed non - responsive. Additionally, Consultants shall require all subcontracted Consultants to use the E- Verify system for all purchases not covered under the "Exceptions to the program" clause above. For additional information regarding the Employment Eligibility Verification System (E- Verify) program visit the following website: http: / /www.dhs.gov /E- Verify. It shall be the Consultant's responsibility to familiarize themselves with all rules and regulations governing this program. Consultant acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et sea. 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 35 Packet Page -407- 3/11/2014 11.C. C er County AdrririsbaM seMoes Wsion Purchasing Attachment 1: Consultant's Non - Response Statement The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear, concise and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Consultants not wishing to respond to this solicitation. If your firm is not responding to this RFP, please indicate the reason(s) by checking the item(s) listed below and return this form via email or fax, noted on the cover page, or mail to Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112. We are not responding to CCNA Solicitation #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 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 #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 36 Packet Page -408- 3/11/2014 11.C. V _ � 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: #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades ❑ The mailing envelope must be sealed and marked with Proposal Number, Proposal Title and Due Date. ❑ The Proposal will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Proposal cannot be considered.) ALL COURIER - DELIVERED PROPOSALS MUST HAVE THE RFP NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Name of Firm: Address: City, State, Zip: Telephone: Email: Representative Signature: Representative Name: n Date #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 37 Packet Page -409- 3/11/2014 1 1.C. er county Admn SWVoes DMVM Purchasing Attachment 3: Conflict of Interest Affidavit By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Purchasing /General Services Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm: Signature and Date: Print Name Title of Signatory State of County of SUBSCRIBED AND SWORN to before me this day of , 20 , by , who is personally known to me to be the for the Firm, OR who produced the following identification Notary Public My Commission Expires #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -410- 38 3/11/2014 1 1.C. CalMer county 10-11-1 Administtahm Sa vlces Dmsm Purchasing Attachment 4: Consultant Declaration Statement BOARD OF COUNTY COMMISSIONERS Collier County Government Complex Naples, Florida 34112 RE: CCNA Solicitation: #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 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 n 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: n #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -411- 39 Additional Contact Information 3/11/2014 11.C. 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: #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 40 Packet Page -412- C & county 3/11/2014 11.C. Admu Services Division Purchasing Attachment 5: Immigration Affidavit Certification CCNA Solicitation: #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 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 (Print or Type Name) Notary Public Signature Printed Name of Notary Public Notary Commission Number /Expiration who has produced 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. #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 41 Packet Page -413- 3/11/2014 11.C. At Cawmty A&rr4*aMs Purchasing Attachment 6: Consultant Substitute W — 9 Request for Taxpayer Identification Number and Certification In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following information for tax reporting purposes from individuals and companies who do business with the County (including social security numbers if used by the individual or company for tax reporting purposes). Florida Statute 119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be used for no other purpose than herein stated. Please complete all information that applies to your business and return with your quote or proposal. 1. General Information (provide all information) Taxpayer Name (as shown on income tax return) Business Name (if different from taxpayer name) Address State Telephone FAX Order Information Address City State Zip FAX Email 2. Company Status (check only one) City Zip Email Remit / Payment Information Address City _ FAX Email State Zip _Individual / Sole Proprietor _Corporation _Partnership _Tax Exempt (Federal income tax - exempt entity _ Limited Liability Company under Internal Revenue Service guidelines IRC 501 (c) 3) Enter the tax classification D = Disregarded Entity, C = Corporation, P = Partnership) 3. Taxpayer Identification Number (for tax reporting purposes only) Federal Tax Identification Number (TIN) (Consultants who do not have a TIN, will be required to provide a social security number prior to an award of the contract.) 4. Sign and Date Form: Certification: Under penalties of perjury, 1 certify that the information shown on this form is correct to my knowledge. Signature Date Title Phone Number #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 42 Packet Page -414- 3/11/2014 11.C. Co ler County AdminisbaM SeMoas Division Purchasing Attachment 7: Insurance and Bonding Requirements Insurance/ Bond, Type' Required Limits 1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Compensation Statutory Limits and Requirements 2. ® Employer's Liability 3. ® Commercial General Liability (Occurrence Form) patterned after the current ISO form $1,000,000 single limit per occurrence Bodily Injury and Property Damage $2,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury 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 Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ® Automobile Liability $1,000,000 Each Occurrence; Bodily Injury & Property Damage, Owned /Non- owned /Hired; Automobile Included 5. ® Other insurance as ❑ Watercraft $ Per Occurrence noted: ❑ United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. $ Per Occurrence ❑ Aircraft Liability coverage shall be carried in limits of not less than $5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑ Pollution $ Per Occurrence ® Professional Liability $2,000,000 per claim and in the aggregate • $1,000,000 per claim and in the aggregate #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades 43 Packet Page -415- 3/11/2014 11.C. • $2,000,000 per claim and in the aggregate ❑ Project Professional Liability $ Per Occurrence ❑ Valuable Papers Insurance Per Occurrence 6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds, cashiers' check or an irrevocable letter of credit, a cash bond posted with the County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All checks shall be made payable to the Collier County Board of County Commissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 7. ❑ Performance and For projects in excess of $200,000, bonds shall be submitted with the Payment Bonds executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. 8. ® Consultant shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Consultant shall provide County with certificates of insurance meeting the required insurance provisions. 9. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. 10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all work performed on behalf of Collier County. 11. ® Thirty (30) Days Cancellation Notice required. Consultant's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this solicitation. Name of Firm Consultant Signature Print Name Insurance Agency Agent Name Date Telephone Number #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -416- 44 3/11/2014 11.C. C& comity Adnvisbrlke s,emoes Division Purchasing. Attachment 8: Reference Questionnaire : #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Reference Questionnaire for: (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: Company: (Evaluator completing reference questionnaire) Email: FAX: (Evaluator's Company completing reference) 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: Project Budget: Completion Date: Project Number of Days: Item Citeria Score 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Close out project process (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 County 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 #13 -6020 NCWRF Design Services for Electrical Reliability and Mechanical Operations Upgrades Packet Page -417- 45